Terms of service
Terms of Service
| Effective date: 25.05.2018 |
| Last updated: 25.09.2025 |
| Thank you for using our games, websites, our official social media pages or related services ("Service" or "Services"). The Services are provided by Mytona Limited ("Mytona" or "we" or "us" or "our"), a limited liability company incorporated in New Zealand with its registered office at Level 5, 129 Hurstmere Road, Takapuna, Auckland 0622. |
| 1. Accepting the Terms of Service |
| 1.1. These Terms of Service ("Terms") create a legal agreement between you ("you" or "your") and Mytona and govern the download, installation, access, and/or use of our Services by you, including, but not limited to: the registration and use of your account; any support; any updates we may make available to you; any Virtual Currency Assets (as defined in Section 4.1); any other texts, graphics, images, art, sounds, music, videos, audiovisual effects, combinations of the foregoing media, interactive content, software, feedback, comments, communication, and suggestions; and any other material, content, data, information and services we may make available to you through our Services, whether on your mobile device, your computer, our website, our official social media pages, or any other device, platform, or website. |
| 1.2. Use of the Services is also governed by Mytona's Privacy Policy, Community Code of Conduct, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself and are incorporated herein by this reference. |
| 1.3. Please read these Terms carefully before you decide whether to accept them. To confirm your understanding and acceptance of the Terms, please click "Accept" or “Confirm”. |
| 1.4. You must only use the Services if: |
| (a) you agree to these Terms, Community Code of Conduct, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the games themselves; |
| (b) you are legally entitled to use the Services under the applicable laws and regulations of your country of residence; and |
| (c) applicable laws and regulations permit you to use the Services in the location where you use them (if different from your country of residence). |
| 1.5. To accept these Terms, you must be at least the legal age of majority in your country of residence. If you are under the legal age of majority in your country of residence or you otherwise do not have the authority to enter into agreements such as these Terms, your parent or legal guardian must review and agree to these Terms (both for themselves and on your behalf) before you can use any of the Services. If you are a parent or legal guardian, you are responsible for the use of our Services by any minor under your care, including compliance with these Terms. |
| 1.6. We recommend that you (and, if you are a minor, your parent or legal guardian) read our Privacy Policy, which explains how we collect, use, disclose, and safeguard personal data. |
| 1.7. Some of our Services may require age verification. We may ask you to provide your date of birth or complete additional verification at sign‑up or after we introduce age‑related features (including for existing players). If we detect activity suggesting that you are under the legal age of majority in your country of residence or that you are misrepresenting your true age, we may temporarily restrict access to your account and request age verification. |
| 1.8. If you are under the legal age of majority in your country of residence, certain features may be unavailable or limited (including access to guild chats, social‑hub chats, and other interactive or age‑restricted features). You must not attempt to access any age‑restricted features unless you meet the legal age of majority. Restrictions may be lifted automatically once you reach the legal age of majority in your country of residence. |
| 1.9. Where permitted by applicable laws and regulations, by installing, using, or otherwise accessing the Services, you agree to these Terms, the Community Code of Conduct, applicable game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself and are incorporated into these Terms by this reference. If you do not agree to these Terms, or any part of the applicable policies or rules, you must refrain from using our Services and cease all access and/or use of any of our Services. Use of the Services is void where prohibited. |
| 1.10. Mytona reserves the right to change or update these Terms, the Privacy Policy, the Community Code of Conduct or any other policies, rules, controls, or guidelines at any time and at its sole discretion without any notice, to the extent permitted by applicable law. Please check these Terms, policies, rules, controls, and guidelines regularly. Your continued use of our Services after any such updates will constitute your acceptance of the updated versions. If any updated version requires action from you in order to be accepted (such as clicking “accept” in-game), you may not be able to continue using the Services until that action is completed. If you do not agree to any part of the updated Terms, policies, rules, controls, or guidelines, your license to use the Services will immediately terminate, and you must stop all access to and use of the Services. |
| 1.11. These Terms contain a binding arbitration clause in Section 9 and a class, collective, and representative action waiver that impacts your rights regarding how to resolve disputes. Except if you opt-out and for certain types of disputes described in Section 9, you agree that all disputes between you and Mytona will be resolved by binding, individual arbitration, and you waive your right to trial by jury or to participate as a plaintiff or class member in any class, collective, or representative lawsuit or arbitration. |
| 1.12. You irrevocably waive any and all rights to trial by jury or to participate in a class action in any legal proceeding arising out of or relating to these terms or the transactions contemplated hereby. You understand that, absent this provision, you would have the right to sue in court and have a jury trial. |
| 2. Intellectual Property |
| 2.1. All rights, titles, and interests, both within all our Services and relating to them, including, without limitation, all copyrights, moral rights, trademarks, trade secrets, trade names, and all other proprietary rights, patents, titles, computer codes, texts, graphics, images, art, sounds, music, videos, audiovisual effects, combinations of the foregoing media, interactive content, recordings of gameplay made using the Services, software, feedback, comments, communication, suggestions, and any other material, content, data, information, and service are owned by or licensed to Mytona, reserved by Mytona, and protected by, among other things, international copyright laws. All rights not expressly granted to you herein are reserved by Mytona. |
| 2.2. As long as you, the user, are in compliance with these Terms, Mytona grants you a non-exclusive, personal, non-transferable, non-assignable, non-sublicensable, revocable, limited, conditional license to download, install, access, and use our Services for your personal, private, non-commercial use only (excluding any related object code or source code). This license covers the software and content we make available to you through our Services, but does not include any rights to the underlying source code, object code, or other proprietary elements. You must exercise this license in accordance with these Terms, and you are not authorized to use our games for any other purpose. |
| 2.3. You acknowledge and agree that you will have no ownership or other proprietary right, title, or interest in or to any of our Services, including, without limitation, any content that appears in the Services, accounts, and any Virtual Currency Assets, other than the limited license granted to you by these Terms. |
| 2.4. You must not copy, republish, redistribute, modify, license, sublicense, reverse engineer, or create derivatives based on the Services or any part of our Services. You are also prohibited from creating or making available to the public any work related to our games - unless otherwise authorized and licensed by Mytona in writing. Any such use must follow the terms of any separate license, if granted. |
| 2.5. You must not create, use, make available, distribute, promote, or assist in the use of any cheats, automation software (bots), hacks, mods, unauthorized third-party software, or other technological means available that would allow you or any other user to modify, interfere with, or control our Services or their elements. This includes, without limitation, any means to gain an unfair advantage, obtain or manipulate Virtual Assets (as defined in Section 4.1) without authorization, bypass restrictions, or affect game balance or performance in any way. Additionally, any unsportsmanlike behavior, including but not limited to exploiting game system bugs or glitches, will be deemed to be in violation of the game rules and result in appropriate penalties. |
| 3. Account |
| 3.1. You may be required to create an account with us and select a password for your account, or you may allow our Services to interact with accounts on a social network or platform or use other credentials to access the account ("Account Information"). |
| 3.2. We do not recommend creating multiple accounts in order to access the Services. Accessing multiple accounts on the same device to access the Services may result in technical issues around synchronization between the accounts and Mytona cannot guarantee stable game performance. Mytona will not be responsible for any issues, problems or losses you may incur as a result of accessing multiple accounts on the same device. |
| 3.3. You acknowledge and agree that your account is personal to you and that you are not entitled to transfer your account to any other person. You will: |
| (a) not rent, sell, or give away your Account Information or create an account using a false identity or false information or on behalf of someone other than yourself. |
| (b) keep Account Information secret and confidential. |
| (c) not give your Account Information to anyone else nor allow anyone else to use your Account Information or otherwise jeopardize the security of your account. |
| (d) be solely responsible for maintaining your account or using the Services, including, without limitation, in-app purchases, whether or not authorized by you, and agree to fully compensate us for any losses or harm in case you fail to keep your Account Information confidential or if you share your Account Information with someone else in any way. |
| 3.4. Mytona reserves the right to assume that anyone logging into your account using your Account Information is either you or someone logging in with your permission. We accept no responsibility to you for any loss or harm that you may suffer as a result of unauthorized access to your account or use of the Services or for any loss or harm resulting from any unauthorized use. |
| 3.5. If your account remains inactive for a period of five (5) consecutive years, Mytona reserves the right to permanently delete your account and all associated data, including but not limited to game progress, in-game items, Virtual Assets (as defined in Section 4.1) . This action is permanent and cannot be undone. |
| 3.6. You acknowledge and agree that, if you delete your account or we delete your account in accordance with these Terms, you may lose access to any data with regard to your account, including, but not limited to: your game progress, the score you have reached through the Services, any Virtual Assets (as defined in Section 4.1) , and other data, information, content, and materials relating to your account. |
| 3.7. You acknowledge and agree that it is your sole responsibility to maintain access to your account and monitor your account activity. You acknowledge that prolonged inactivity may result in the loss of access to your account and any associated digital assets, including Virtual Assets (as defined in Section 4.1). |
| 4. Virtual Currencies and Virtual Goods |
| 4.1. Mytona’s mobile and social games offer a variety of virtual currency, such as virtual rubies, coins, points, or similar items ("Virtual Currency") as well as virtual digital items, such as abilities, useful items, or other goods ("Virtual Goods”), that you can purchase with real money or obtain through the use of our Services (Virtual Currency and Virtual Goods collectively referred to in these Terms as “Virtual Assets”). |
| 4.2. Virtual Goods can also be acquired using Virtual Currency. Certain types of Virtual Currency may also be acquired using other types of Virtual Currency. Any Virtual Assets are purchased from your platform provider, and such a purchase will be subject to said provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, please check with your platform provider before making a purchase. |
| 4.3. In addition to these third-party requirements, note the following: |
| (a) Virtual Assets can not be traded for real money, tangible goods, or any other items or services of monetary value. |
| (b) Transferring Virtual Assets outside our gaming environment is strictly prohibited. You may not buy, sell, or exchange these items externally. |
| 4.4. By making a purchase, you acknowledge that: |
| (a) All prices and transactions for Virtual Assets are final. |
| (b) The delivery of Virtual Assets for use in our Services starts immediately after you make a purchase, and you lose your right to withdraw once the Service has begun. A purchase is considered complete when our servers confirm it and the Virtual Assets are credited to your account. For laws and regulations that may apply in your location or country of residence, please see Section 13. |
| (c) Neither Mytona nor the third-party payment providers will issue refunds for completed transactions, except as outlined in the applicable terms of use of external payment providers. |
| (d) Your purchase or in-game acquisition grants you a limited, revocable, personal, non-sublicensable, non-transferable and nonassignable license to use these Virtual Assets. Ownership is not granted to you by any such acquisition. |
| (e) You are responsible for all payments made using your credit card or other payment method, whether authorized by you or not, including purchases made by minors. |
| 4.5. Mytona hereby reserves the right to manage, control, regulate, change, or eliminate Virtual Assets or the price and availability of Virtual Assets without any liability to you, at any time, and at its own discretion, without prior notice. When exercising this right, Mytona disclaims all liability to anyone, including you or any third party. |
| 4.6. Mytona may limit the total amount of Virtual Assets that may be purchased at any one time and/or the total amount of Virtual Assets that may be held in your account in the aggregate. You are only allowed to obtain Virtual Assets from us or our authorized partners through the Services, and not in any other way. |
| 4.7. Mytona disclaims any responsibility for the hacking of your account or any associated loss of your Virtual Assets. It is your responsibility to keep your Account Information secret and confidential in accordance with Section 3. |
| 4.8. If you do not connect the Services on a device to an account that is linked to your account on a social network, we will not be able to restore any Virtual Assets and other data associated with your account to a different device if you lose your device or it is damaged. As a result, on a device that is not connected in this way: |
| (a) any risk of loss of Virtual Assets that you purchase from us is transferred to you upon completion of the purchase as described in Section 4.4 above; |
| (b) any risk of loss of Virtual Assets that you receive from us without making a purchase is transferred to you at the time that the Virtual Assets are successfully credited to your account on the servers; and |
| (c) any risk of loss of other data relating to your account (including, without limitation, your progress through the Service or a score you have reached through the Services) is transferred to you immediately at the time that such data is generated. |
| 4.9. All in-game purchases and redemptions of Virtual Assets are final and cannot be reversed, except where our discretion dictates otherwise. We reserve the right to oversee, adjust, and, if necessary, remove or alter any Virtual Asset within our Services at any time, without prior notification. Should we exercise these rights, we will not be held liable to you or any third party for any resulting loss or inconvenience. |
| 4.10. This policy does not affect your legal rights to a refund, your statutory warranty claims, or any other legally mandated refund claims. We may make changes to Virtual Assets that go beyond simple maintenance if the changes: |
| (a) introduce new services, features, or functions, especially to improve the Virtual Assets or the game experience; or |
| (b) are necessary to adapt to new technical environments or handle a growing number of users; or |
| (c) are required for other significant operational reasons. |
| Any such changes will be provided to you at no additional cost, and we will ensure you are clearly and comprehensively informed of them. |
| 5. Content |
| 5.1. The Services may include various forums, blogs, and chat features where you can upload, transmit, send, or make available (whether publicly or privately) data, information, and communication, including (but not limited to) any chat messages (including observations and comments on designated topics), images, graphics, sounds, videos, tags, or other materials ("Content"). |
| 5.2. When you use the Services, you acknowledge and agree that there may exist offensive, indecent, or otherwise objectionable Content. Mytona is not responsible for any Content that is uploaded, transmitted, sent, communicated, or otherwise made available through our Services by you or other users. Mytona is not responsible for monitoring the Services and assumes no obligation to modify, edit, remove, or delete inappropriate content or conduct. |
| 5.3. We do not and cannot prescreen or monitor all Content and users' conduct. Therefore, we do not guarantee the quality, accuracy, or integrity of Content on our Service. We will not be held liable for any such circumstances regarding Content, including, but not limited to, errors, loss, or damage. Your use of the Services is at your own risk. However, to help address such Content and maintain a safe environment, moderation decisions, including bans or other penalties, may be issued automatically based on detected behavior or user reports. While we strive to ensure fairness, we do not guarantee the accuracy of such automated moderation and are not liable for actions taken by the automated moderation. |
| 5.4. We may choose to review, monitor, prohibit, edit, remove, delete, disable access to, or otherwise make unavailable any Content that is uploaded, transmitted, sent, communicated, or otherwise made available by you or other users through our Services without prior notice, for any reason or for no reason, at any time. By installing, using, or otherwise accessing the Services, you are deemed to have irrevocably authorized and consented to such regulation, monitoring, and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content, including, but not limited to, chat text or voice communications. |
| 5.5. You are responsible for any Content that you submit. You acknowledge and agree that no Content you upload will be: |
| (a) harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive, racist, unlawful, or otherwise objectionable; or |
| (b) a misrepresentation or constitute fraud; or |
| (c) protected by law, including, without limitation, confidential, copyrighted, trademarked, or patented information; trade secrets; or anything else that has other proprietary rights or is in violation of any applicable laws and regulations or contractual restrictions; or |
| (d) marketing or advertising for any good, service, business, or other organization; or |
| (e) promoting or discussing political parties, religious beliefs, or ideologies in a manner that could lead to divisiveness or conflict; or |
| (f) containing offensive, harmful, or divisive material that detracts from the safe and inclusive environment we strive to create; or |
| (g) an invasion of a third party's privacy or an impersonation of another person and/or user; or |
| (h) coupled with or contain viruses, malware, or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or equipment; or |
| (i) otherwise prohibited by applicable laws and regulations in your country of residence. |
| 5.6. When you upload, transmit, send, submit, store, or receive Content to or through our Services, you: |
| (a) confirm that you are authorized to do so; |
| (b) agree to allow us and our affiliates to edit, publish, adapt, and/or use your Content and any derivative work that we may create from it in any and all media (whether now existing or to be invented in the future), for any purpose, in perpetuity, without any compensation or payment to you; |
| (c) acknowledge and agree that you have "moral rights" to such Content (such as the right to be acknowledged for your creation and not have your work used in a derogatory manner), and you also acknowledge and agree that you waive any moral rights to such Content in favour of Mytona; and |
| (d) agree that, regarding any Content that may be submitted by you, we are not required to protect or monitor such Content rights, but that, if we choose, we are authorized to enforce your rights on your behalf, including, but not limited to, taking legal action and assuming all costs for doing so. |
| 5.7. You acknowledge and agree that you must not: |
| (a) use our Services, either directly or indirectly, to harm, abuse, advocate, harass, or incite harm to, abuse of, or harassment of individuals, groups, or entities or cause offense to or harass any individuals, groups, or entities, including, without limitation, Mytona's members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys; or |
| (b) use our Services for fraudulent or abusive purposes (including, without limitation, using our Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity, or our Service); or |
| (c) use the Services for any commercial or business purpose or for the benefit of any third party, including, without limitation, advertising or the transmission of any commercial advertisements such as "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or |
| (d) reverse engineer, disassemble, decompile, or hack any of the Services (or attempt to do so) or defeat or overcome any of our encryption technologies or security measures for data transmitted, processed, or stored by us; or |
| (e) "harvest," "scrape," collect, or post any information about or regarding other people that use our Services, including, but not limited to, any private data or information (including by uploading anything that collects information, whether in the form of text, image, video, or graphics interchange format ("GIFs")); or |
| (f) rent, sell, transfer, or give away an account for use of the Services or any part of any such account or any Virtual Assets (or attempt to do so); or |
| (g) disrupt the normal flow of the Services or otherwise act in a manner that is likely to negatively affect other users/players' ability to compete in our games; or |
| (h) use our Services in violation of any applicable law or regulation; or |
| (i) use our Services in any other way not permitted by these Terms. |
| 5.8. You must not copy, distribute, create, or make available to the public any derivative work from Content related to our games that belongs to another user. |
| 5.9. Mytona does not and cannot guarantee that other users/members will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not make it available through the Services. Mytona has no responsibility to evaluate, use, or compensate you for any ideas or information that you may choose to share or submit. If you feel that someone has infringed upon your own personal intellectual property rights in Content, you may contact us by emailing the following information to support@mytona.com: |
| (a) a description of your intellectual property rights and an explanation as to how you believe your rights have been violated; |
| (b) a description of where the material that you believe has violated your rights is located; |
| (c) your name, phone number, email address and country of residence; |
| (d) a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of the Content in question is unauthorized, as you own the intellectual property rights to said Content or you are authorized to act on behalf of the owner of said infringed Content, and (ii) that all the information that you have provided is true, accurate, and correct (and, if applicable, that you are authorized to act on behalf of the owner of said infringed Content); and |
| (e) if requested, written evidence authorizing you to act on behalf of the owner of said infringed Content. |
| If you submit a report on Content, you are responsible for ensuring that it is accurate and made in good faith. We encourage users to report Content responsibly and accurately to help maintain a respectful community. |
| 5.10. Any Content that you make available on our Services using tools and technology provided by Mytona is entirely voluntary. In exchange for use of the Services, you hereby grant Mytona a non-exclusive, irrevocable, perpetual, transferable, sublicensable, assignable, fully paid-up, royalty-free, worldwide license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, provide electronic access to, broadcast, communicate to the public via telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant us the right to authorize others to exercise any of the rights granted to Mytona under these Terms. You further hereby grant Mytona the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any Content and in connection with any Content, without any obligation to you. |
| 6. Violation of the Terms of Service |
| 6.1. In addition to the sanctions set out in the Community Code of Conduct, we reserve the right to suspend or terminate your access to the Services (even if that means deleting your account) if we determine that you have violated these Terms (whether through a single serious breach or repeated breaches). |
| 6.2. In addition, Mytona reserves the right to impose further penalties for violations of these Terms or in-game behavior rules, including but not limited to: |
| (a) removal of in-game items or virtual currency obtained or used in violation of these Terms; or |
| (b) restriction of access to specific events or game features if accessed in violation of these Terms; or |
| (c) resetting event progress or in-game achievements related to the violation. |
| 6.3. Where permitted by applicable laws and regulations, we reserve the right to permanently ban and block a user/player of our Services who has violated these Terms. Our decisions under this Section 6 are final and may be made without prior notice. |
| 6.4. We reserve the right to deny access to Services to users who engage in inappropriate behavior in their interactions with our team. This includes, but is not limited to: |
| (a) offensive, abusive, or discriminatory language; or |
| (b) threats, harassment, or engaging in any form of intimidation; or |
| (c) persistent unreasonable demands, excessive or bad-faith complaints; or |
| (d) engaging in any conduct that disrupts or interferes with our ability to provide support and operate the Services effectively. |
| 6.5. We may take any action we deem appropriate in response to inappropriate behavior or breaches of these Terms, including limiting or permanently revoking access to the Services. You acknowledge and agree to our right to suspend, terminate, ban, and block you for such actions. |
| 7. Warranties, Disclaimers, and Releases |
| 7.1. We provide the Services using a commercially reasonable level of skill and care and hope that you will enjoy using them. But there are certain things that we don't promise about the Services. We provide the Services "as is" and "as available" with all faults, without warranty of any kind, and without performance assurances or guarantees of any kind. Your use of the Services is at your sole risk. |
| 7.2. Other than as expressly set out in these Terms, neither we nor our suppliers or distributors make any specific promises about the Services. For example, Mytona makes no commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs and hereby disclaims any and all express, implied, or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, noninfringement on third party rights, and warranties (if any) arising from the course of dealing, usage, or trade practice. There may be times when our Services or any part of them are not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis and we disclaim any liability or responsibility for such outages. |
| 7.3. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by law, we exclude all such warranties. No oral or written advice provided by Mytona, its employees, or other representatives creates a warranty. If your state, location, and/or country of residence requires a certain period for which a warranty applies, it will be the shorter of either 30 days from your first use of the Services or the shortest period required by law. |
| 8. Limitations on Liability, Remedies, and Indemnification |
| 8.1. When permitted by applicable laws and regulations, Mytona, and Mytona's suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses, or indirect, incidental, special, consequential, exemplary, or punitive damages, business interruption, any other intangible losses, or other similar damages resulting from access, use, or malfunction of the Services, including, without limitation, damages to property, device failure or malfunction, and, to the extent permitted by law, damages for property damage, lost profits, or personal injuries, or punitive damages from any causes of action arising out of or related to the Terms or the Services, whether arising in tort (including negligence), contract, strict liability, or otherwise, and whether or not Mytona has been advised of the possibility of these damages. In no event will Mytona’s liability exceed the amount you have paid to Mytona for the use of the Services in the six (6) months immediately preceding the date on which you first assert a claim (if any) for the license to use Virtual Currency and/or Virtual Goods or any other part of our Services. You acknowledge and agree that if you have not paid anything to Mytona during this time period, your sole remedy (and Mytona's exclusive liability) for any dispute with Mytona is to stop using the Service and to cancel your account. |
| 8.2. To the extent permitted by law, the total liability of Mytona and its suppliers and distributors for any claims in relation to the Services under these Terms or Mytona's Privacy Policy, including for any implied warranties, is limited to the amount: (i) you paid us for the license to use Virtual Currency and/or Virtual Goods or any other part of our Services in the 100-day period ending on the date of your first such claim; or (ii) one hundred euros (EUR 100). |
| 8.3. The exclusions and limitations of damages set out in Sections 8.1 and 8.2 are fundamental elements of the basis of the agreement between Mytona and you. In all cases, Mytona and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable. To the extent permitted by law, any additional legal rights which you may have as a consumer remain unaffected by these Terms. |
| 8.4. You acknowledge and agree to indemnify, defend and hold harmless Mytona and its members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of the Terms; however, the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior. |
| 8.5. You acknowledge that the rights granted and obligations made to Mytona under these Terms are of a unique and irreplaceable nature, the loss of which will irreparably harm Mytona and which cannot be remedied by monetary damages alone, so that Mytona will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. |
| 8.6. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services, and agree to limit your claims to claims for monetary damages, as limited by this Section 8. |
| 9. BINDING ARBITRATION AND CLASS ACTION WAIVER |
| Please read this section about your legal rights, including your right to file a lawsuit in court, carefully. |
| 9.1. The provisions set out in this Section 9 apply to you if you are domiciled in and/or access, download, or use our Services in the United States of America. These provisions may also apply to you if you are domiciled in and/or access, download, or use our Services from outside the United States of America. |
| 9.2. You and us (the "parties") will use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which will be a precondition to either party initiating a lawsuit or arbitration. If you have any concerns or queries regarding our Services, you may contact us at support@mytona.com. Most concerns are quickly resolved in this manner to our users' satisfaction. |
| 9.3. If the parties do not reach an agreed-upon solution within 90 days from the time the informal dispute resolution is pursued pursuant to Section 9.2, either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set out below. Specifically, without limitation, all claims and disputes arising out of or relating to these Terms (including their interpretation, formation, performance, and breach), the Community Code of Conduct, the Privacy Policy, the Services, and/or your use of any of the Services will be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act will apply to the interpretation, applicability, enforceability, and formation of the agreement to arbitrate, notwithstanding any other choice of law provision contained in these Terms. The arbitration provisions will survive termination, if any, of these Terms pursuant to Section 12. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of the agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. |
| 9.4. The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at +1 800 352-5267. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, but will not incorporate JAMS Class Action Procedures or any JAMS rules or procedures governing or permitting class, collective, or representative actions or proceedings, and, to the extent applicable, by the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mytona will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. |
| 9.5. If you are a resident of the United States of America, arbitration will take place at any reasonable location within the United States of America convenient for you. For residents outside the United States of America, arbitration will be initiated in Singapore, and you and we agree to submit to the personal jurisdiction of any court in Singapore, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. |
| 9.6. The parties further agree that any arbitration will be conducted in their individual capacities only and not as a class, collective, or other representative action, and the parties expressly waive their right to file a class, collective, or representative action or seek relief on a class, collective, or representative basis. The parties agree that each may bring claims against the other arising out of or in connection with these Terms, the Community Code of Conduct or the Privacy Policy only in each party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Further, unless both the parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section 9.6 is void or unenforceable for any reason or that an arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set out in Section 9.3 will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes. |
| 9.7. Notwithstanding the parties' decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from: |
| (a) a violation of enforcement of either party's intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to you under these Terms); or |
| (b) allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act, |
| the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions in Section 10.2. In addition, either party may assert an individual action in a small claims court for claims or disputes that are within the scope of such court's jurisdiction in lieu of arbitration. |
| 9.8. You have the right to opt out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth in Sections 9.1, 9.3, 9.4, 9.5 and 9.6 by sending written notice of your decision to opt out to the following address: Level 5, 129 Hurstmere Road, Takapuna, Auckland, New Zealand, 0622, Attention: Legal Department. The notice must be sent within 30 days of the earlier of your first download of the applicable Services or commencing use of our Services (or if no purchase was made, then within 30 days of the earlier of the date on which you first downloaded the applicable game or accessed or commenced using the applicable Service). Otherwise, you will be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, we also will not be bound by them. |
| 9.9. Mytona will provide 30 days' notice of any changes to this Section 9 through the Services or via other similar means. Changes will become effective on the 30th day following such notice and will apply prospectively only to any claims arising after the 30th day following such notice. In the event that you reject any future changes, you agree that you will arbitrate any dispute or claim between us in accordance with the language of this Section 9. |
| 10. Dispute Resolution, Governing Law, and Jurisdiction |
| 10.1. If a dispute arises between you and Mytona, we strongly encourage you to first contact us directly to seek a resolution by contacting us at support@mytona.com. |
| 10.2. If you are a resident of the United States of America: |
| (a) All claims or disputes arising out of or relating to these Terms (including their interpretation, formation, performance, and breach), the Community Code of Conduct, the Privacy Policy, the Services, and/or your use of any of the Services will be subject to and governed in all respects by the laws of the State where you were domiciled at the time you downloaded the applicable Services or commenced using them without regard to conflict of law provisions or principles. |
| (b) You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California, to resolve any claims or disputes that are subject to exceptions to binding arbitration as set out in Section 9.7, or otherwise determined not to be arbitrable. |
| 10.3. If you are resident outside of the United States of America, then to the fullest extent permitted under applicable law: |
| (a) All claims or disputes arising out of or relating to these Terms (including their interpretation, formation, performance, and breach), the Community Code of Conduct, the Privacy Policy, the Services, and/or your use of any of the Services will be governed by and subject to the laws of New Zealand, without regard to conflict of law provisions or principles. |
| (b) If any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the provisions of Section 9. |
| (c) If a claim or dispute you may have against Mytona is not arbitrable, then you agree that any such claim or dispute must be resolved exclusively by a court located in New Zealand, and you and we irrevocably consent to the exclusive jurisdiction and venue of courts located in New Zealand. |
| 11. Privacy and Protection of Personal Data |
| 11.1. Any information you provide is subject to the policies of the relevant social network or app store (for example, Google Play Store or Apple App Store). Upon using the Services, you may also be authorizing said social network or app store to share your email address and any other information, such as your name, address, and telephone number ("Personal Data") with Mytona. |
| 11.2. We do everything reasonably in our power to protect your Personal Data rights and the confidentiality of your information. Mytona collects, processes, uses, and shares your Personal Data in accordance with our Privacy Policy and as set out in these Terms. Please read our Privacy Policy before using the Services. |
| 11.3. Where required by applicable law, certain types of data processing (for example, such as for marketing analytics or personalized advertising) may require your prior consent. In such cases, access to the Services may not be possible until you have provided the necessary consent. |
| 12. Termination of the Services/Terms |
| 12.1. Mytona is hereby authorized to refuse or limit any access to the Services for any reason and without any notice, including, but not limited to, any violation of these Terms or the Community Code of Conduct. You acknowledge that Mytona is authorized to discontinue or change the Service and/or its content at any time, without liability and with or without notice to you. |
| 12.2. Mytona is hereby authorized to suspend/terminate this agreement with you, and to permanently suspend/terminate and block your use of the Services at any time for (but not limited to) the following reasons: |
| (a) you have violated these Terms or the Community Code of Conduct; or |
| (b) you are involved in illegal acts, have infringed upon copyright, privacy, or intellectual property rights of another person or a third party; or |
| (c) it is required by applicable law/regulations, within the time periods required by said applicable law/regulations; or |
| (d) Mytona determines (at its discretion) that the Service will no longer be offered. |
| 12.3. At the time your access to the Services is terminated: |
| (a) all rights and license to use the Services will likewise be terminated; |
| (b) you must stop using the Services. |
| 12.4. Should your access to the Services be terminated or suspended, your obligations to Mytona pursuant to these Terms (including provisions regarding rights, ownership, liability, compensation, confidentiality, etc.) will continue. |
| 12.5. At any time, you may terminate the agreement between you and Mytona as set out in these Terms and the resulting relationship with Mytona by stopping use of the Services. |
| 13. Jurisdiction-Specific Terms |
| The following Jurisdiction-Specific Terms apply only to users located in each enumerated geographical region or as otherwise required by each applicable law. |
| 13.1. Australia |
| In relation to these Terms, as to moral rights, you consent to Mytona doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in your Content throughout the world. |
| Nothing in these Terms limits or excludes any rights or remedies you may have under the Australian Consumer Law (“ACL”). If you are a consumer under the ACL, you are entitled to certain guarantees in relation to goods or services, including that they will be of acceptable quality and fit for purpose. |
| In-app purchases may be eligible for remedies under the ACL if they fail to meet these guarantees. Where applicable, you may be entitled to a refund, replacement or other remedy in accordance with Australian law. If a repair or replacement cannot be provided or there is a major failure, you have the right to a refund. |
| 13.2. Austria |
| Nothing in these Terms will exclude or limit liability for personal injury, death, or damages caused by gross negligence or intent, where such exclusion or limitation is not permitted under the laws of Austria. |
| 13.3. California, United States of America |
| Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112б Sacramento, CA 95834, or by telephone at +1 916 445-1254 or +1 800 952-5210. |
| If you are a resident of California and your claim arises in California, notwithstanding any other provision herein, (i) arbitration will take place in California, at a location reasonably convenient to you, and (ii) California substantive law will apply to the arbitration. |
| Nothing in these Terms will be construed to waive any right you may have under California law to seek public injunctive relief in court. |
| 13.4. People’s Republic of China |
| While using the Services, you may be able to set nicknames, avatars, signatures, messages, and other information for the account you use, and you may also set names, pictures, profiles, etc. when you create, manage, and participate in the use of our Services. You should ensure that the content and form of this information comply with applicable laws and regulations. The term "laws and regulations" in this Section 13.4 refers to those of the region of the People’s Republic of China (“PRC”) in which you reside, the PRC's current effective laws, administrative regulations, judicial interpretations, local regulations, and departmental rules and regulations, public order and good customs, social ethics, and these Terms. |
| When accessing the Services, you must abide by such laws and regulations, and you must not make, copy, publish, or disseminate information containing the following content or engage in related behaviors, and you must not provide for the production, copying, publishing, or dissemination of information containing the following content or related behaviors: |
| • Those who oppose the basic principles established by the Constitution of the PRC. • Endangering national security, leaking state secrets, subverting state power, and undermining national unity. • Damage to national honor and interests. • Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity. • Those who undermine the state's religious policies and promote cults and feudal superstitions. • Spreading rumors, disturbing social order, and undermining social stability. • Spreading obscenity, pornography, gambling, violence, murder, or terror, or instigating crime. • Insulting or slandering others, infringing on the lawful rights and interests of others. • Violation of the stated intent of laws and regulations or the authority of social leaders. |
| You understand and agree that if you are under the age of 18, you are only permitted to use our Services within the time limits specified by the National Press and Publication Administration (“NPPA”). At the current date of these Terms, such time limits only allow you to use the Services from 8:00 PM to 9:00 PM local time on public holidays, Friday, Saturday, and Sunday. It is your responsibility to ensure that you comply with any amended time limits specified by the NPPA. |
| 13.5. European Economic Area (EEA) |
| The provisions of this Section 13.5 apply if you reside in the EEA. |
| Subject to the terms of any applicable device/platform via which you access our Services, you have the right to withdraw from a purchase of Virtual Assets within 14 days of your purchase, without giving a reason. However, this right only applies if you have not yet consented to the immediate performance of the Services and you acknowledge that by giving such consent you lose your right of withdrawal. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of Services has begun and your account is provided with access to the Virtual Assets. You agree that the supply of Virtual Assets and the performance of Services begins immediately after you complete your purchase. Therefore, once access to the Virtual Assets has been enabled on your account, you agree that we have completed performance of our obligations. |
| Mytona is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Mytona at the time we entered into these Terms. |
| Where these Terms are not permitted by applicable law to affect your rights under the consumer protection laws of your country of residence within the EEA, those rights will survive. |
| We will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format. |
| 13.6. Germany |
| If you reside in Germany, notwithstanding any provision to the contrary in these Terms, and in accordance with applicable German law, nothing in these Terms will limit or exclude our liability: |
| • for death or personal injury caused by intent or gross negligence; • for damages caused by willful misconduct or gross negligence; • for damages resulting from a breach of essential contractual obligations (wesentliche Vertragspflichten), in which case liability will be limited to the typical and foreseeable damages (vorhersehbarer, vertragstypischer Schaden); • for fraud or fraudulent concealment of a defect (arglistiges Verschweigen eines Mangels); • under the German Product Liability Act (Produkthaftungsgesetz); or • to the extent liability arises from the provision of services free of charge, the statutory limitations under Sections 521 and 599 of the German Civil Code (BGB) remain unaffected. |
| 13.7. Indonesia |
| The provisions of this Section 13.7 apply if you reside in Indonesia. |
| Where these Terms are provided in English and Bahasa Indonesian, you agree that in the case of any inconsistency or discrepancies between these versions, the terms of the English version will prevail. |
| If you default on your obligations under these Terms or the Community Code of Conduct, we may, at our sole discretion, terminate these Terms in accordance with Section 12. You agree to waive the provisions of Article 1266 of the Indonesian Civil Code, and accordingly, no court order or judicial intervention will be required to effectuate the termination of this Agreement. Any termination will be without prejudice to our right to claim damages as provided under Article 1267 of the Indonesian Civil Code or otherwise at law. |
| 13.8. Japan |
| If you reside in Japan, you agree to use any Virtual Currency within 180 days from the date of purchase. |
| Notation Based on the Act on Specified Commercial Transactions (特定商取引法に基づく表記): |
| Company name: Mytona Limited |
| Address: Level 5, 129 Hurstmere Road, Takapuna, Auckland, New Zealand, 0622 |
| Business representative: Aleksei Ushnitckii |
| Contact Information: Please reach out via email at support@mytona.com or through the in-game support chat. Our support is available 24/7 |
| Email Address: support@mytona.com |
| Sales Price: Prices displayed in the game (please refer to the in-game product description page for details). |
| Payment Methods: Payment methods provided by companies acting as payment intermediaries, such as Apple Inc., Google LLC, or their affiliates. Payment occurs immediately. |
| Delivery Timing: Immediate, upon completion of payment (reflected in the in-game cash box). |
| Returns and Cancellations: As set out in Sections 4.9 and 4.10. |
| Operating Environment: Please confirm the required operating environment on the download page of the app store. |
| 13.9. New Zealand |
| If you reside in New Zealand, nothing in these Terms limits or excludes any rights or remedies you may have under the Consumer Guarantees Act 1993 (“CGA”). If you are a consumer under the CGA, you are entitled to certain guarantees in relation to goods or services, including that they will be of acceptable quality and fit for purpose. In-app purchases may be eligible for remedies under the CGA if they fail to meet these guarantees. Where applicable, you are entitled to a refund, replacement or other remedy in accordance with New Zealand law. If a repair or replacement cannot be provided or there is a major failure, you are entitled to a refund. |
| 13.10. South Korea |
| If you reside in the Republic of Korea, under Article 17 of the Act on Consumer Protection in Electronic Commerce, etc. (“Act”), a consumer may, in general, withdraw from a contract within seven (7) days of the purchase. |
| However, in accordance with Article 17(2)5 of the Act, the right to withdraw from a purchase does not apply to digital content where the provision of that content has commenced. By proceeding with the purchase and initial download or use of Virtual Assets, you acknowledge and agree that your right of withdrawal is waived and the transaction is non-refundable. |
| 13.11. Sweden |
| Nothing in these Terms will affect your legal rights and remedies provided to you under Swedish consumer law, including the Consumer Contract Terms Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), and the Consumer Sales Act (1990:932). |
| 13.12. United Kingdom |
| If you reside in the United Kingdom, nothing in these Terms will affect your legal rights and remedies provided to you under U.K. consumer law, including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at https://www.citizensadvice.org.uk/ or call 0800 144 8848 (England), 0800 702 2020 (Wales). |
| Nothing in these Terms will exclude or limit liability for death or personal injury caused by negligence, as such exclusion or limitation is prohibited by Section 65(1) of the UK Consumer Rights Act 2015. |
| 14. Miscellaneous Provisions |
| 14.1. Availability and Access: You hereby agree that you are responsible for the maintenance of all devices, hardware, and equipment required to access the Services and for the payment thereof. Any materials or information provided on the Services are not intended for use or distribution by any individual or entity in any locale where said use or distribution would be in violation of applicable law/regulations, or where Mytona would be responsible for any registration in said locale. |
| 14.2. Exclusion of United Nations Convention on Contracts: The application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby expressly excluded and will not apply to these Terms. |
| 14.3. Entire Agreement: These Terms, the Community Code of Conduct, game rules, scoring rules, controls and guidelines for each game, and the documents incorporated herein by reference will constitute the entire agreement between Mytona and you regarding use of the Services and any other related matter, and will prevail over any and all prior or contemporaneous understanding or agreements of the parties involved, be they written, oral, or electronic, be they established by policy, practice, precedent, or custom. These Terms may not be modified by you except with Mytona’s express prior written agreement. |
| 14.4. Severability: If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible the parties' original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms. |
| 14.5. No Waiver: Any failure on the part of Mytona to exercise any and all rights or stipulations under these Terms will not constitute a waiver of said rights or stipulations, and should Mytona waive any violation or default in these Terms, it should not be interpreted as a waiver of any prior or later violation or default. Should any stipulation in these Terms be deemed invalid by a competent court or authority, you agree that the court may consider the parties' intentions, as stipulated, and all other stipulations will remain in effect. |
| 14.6. Assignment: Under no circumstances may you assign these Terms without the express prior written consent of Mytona. However, Mytona may assign these Terms at its discretion and without notice of such assignment being delivered to you. |
| 14.7. Compliance: Should there be any question of your compliance with these Terms, Mytona may request, and you must immediately provide, any information, documentation, or releases necessary to prove such a fact, time being of the essence. |
| 14.8. Statute of Limitations: In accordance with applicable international laws, any claim or cause of action arising out of or related to (i) use of the Services, including any services or information available through third-party platforms, or (ii) the Terms or the Community Code of Conduct, must be filed within six (6) months after such claim or cause or action arose regardless of any statutes or law to the contrary. If any such claim or cause of action is not filed within this 6-month period, such claim or cause of action is forever barred. |
| 14.9. Construction and Waiver of Defense: You hereby agree that in the interpretation of these Terms, despite having been written by Mytona, no rules of construction will apply to the disadvantage of Mytona. You hereby waive any and all defenses resulting from the fact that these Terms are in electronic form, and your acknowledgment of, and agreement to, said Terms does not require your physical signature to be binding and in effect. |
| 14.10. Force Majeure: Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, pandemic, riot, strike, fire, flood, earthquake, tsunami, accident, or energy shortage, or any other cause outside of Mytona's control, Mytona will not be liable for any delay or failure of the provision of the Services as a result of that force majeure. |
| 14.11. Third-Party Services: We may link to third-party services or websites (including without limitation advertisements served by third parties) and/or third-party services may be made available to you via the Services. You understand that we make no promises regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their terms and conditions and privacy policy (if any), to which we are not a party. |
| 14.12. Translation: We may translate these Terms into multiple languages, and in the event that there is any inconsistency or discrepancy between the English version and any other language version of the Terms, the English version will prevail to the extent permitted by applicable laws and regulations in your country of residence. |
| 14.13. Survival: Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms or your access to the Services will survive such termination. |
| 14.14. No Third Party Beneficiaries: Except as explicitly stated in these Terms, nothing contained in these Terms is intended or will be construed to confer upon any person (other than you and Mytona) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. |
| 14.15. Contact Details: Should you have any questions regarding these Terms, please contact us at support@mytona.com. |
| 14.16. Headings: The headings in these Terms are for reference only and do not affect the interpretation of these Terms. |
| 14.17. Interpretation: The terms “written” and “in writing” include any means of reproducing words, figures or symbols in a tangible and visible form including email. The term “including” will be deemed to mean “including without limitation”. |
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