Terms of Use
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Overview
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By registering for an account or using the service, you agree to have read, understood, and be bound by this End User License Agreement and our Privacy Policy. If you do not agree, you should not use the service. We may update the agreement and privacy policy at any time, effective upon posting in the app. Continued use of the app constitutes acceptance of any revisions.
Anyone over 18 is eligible to compete in the game. The game uses GPS to verify that you're in a location where cash tournaments are allowed. Cash tournaments are currently unavailable in certain countries and U.S. states (Delaware, Louisiana, Maryland, Montana, Tennessee) to comply with local regulations.
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1. Limited License
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Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms,we grant you permission to access and use the application, only for your personal use. You may not reproduce,distribute, publicly display, or publicly perform any part of the application. You may not use the application for any purpose other than a purpose for which the application is expressly designed. If you are prohibited under applicable law from using the application, you may not use it.
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2.Intellectual Property
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All intellectual property rights in the App are owned by us or our licensors and include materials protected under copyright, trademark, and patent laws. All trademarks, service marks, and trade names appearing on the App are owned, registered, and/or licensed by us. All content within the App (excluding Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other materials (collectively referred to as “Content”), constitutes a collective work under applicable copyright laws and is the exclusive property of us. All rights are reserved.
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3.Digital Assets
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Some Services and Software may allow you to create digital objects (e.g., avatars), and any digital or virtual objects assigned to your account (e.g., wings or virtual goods) are collectively referred to as “Digital Assets.” You acknowledge that all Digital Assets are created through our Software and Services, and MAGIC MOBI LIMITED exclusively owns them. Virtual currencies such as bonus cash or gems are considered inconvertible Virtual Assets, and we have the right to modify or remove these assets at any time.
If we do not automatically own any Digital Assets, you irrevocably assign all rights, title, and interest in them to us, including intellectual property rights. If any rights cannot be assigned, you waive enforcement and grant us a perpetual, worldwide, royalty-free license to use, distribute, and exploit such Digital Assets. You are granted a limited license to use Digital Assets solely for your use of our Services.
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4.Links
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The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). We do not endorse, monitor or have any control over these Third-Party Platforms, which have separate End User License Agreement and privacy policies. We are not responsible for the content or policies of Third-Party Platforms and you access such Third-Party Platforms at your own risk.
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5.Transaction Identifier
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All transactions conducted through the MAGIC MOBI LIMITED platform will be assigned a unique transaction identifier (transaction receipt) for the purpose of ensuring the transparency and traceability of each transaction. This identifier will serve as the sole reference for all transactions between you and us, enabling us to promptly locate the relevant details and provide timely assistance in the event of any disputes or issues. You are strongly advised to retain the transaction identifier upon completion of each transaction for future reference.
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In the event that you encounter any issues related to a transaction (such as payment failure, incomplete orders, etc.), you may be required to provide the transaction identifier to facilitate the prompt verification and resolution of the issue. The transaction identifier will ensure that we can accurately verify the details of the transaction and handle your inquiry in a timely manner. We recommend that you retain the transaction receipt until any potential issues are fully resolved to ensure that your transaction is adequately protected.
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6.Skill-Game Legality
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MAGIC MOBI LIMITED offers platforms that enables skill-based multiplayer tournaments on mobile devices while offering gamers the ability to compete for real prizes Games powered by MAGIC MOBI LIMITED take the clear distinction as being games of skill -- and not games of chance-- a difference which makes MAGIC MOBI LIMITED tournaments legal in the majority of the United States.
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7.Mobile Services
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The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using the game ’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
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8.Account
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In order to access the App and use the Company Services, you are required to create and be logged in to the account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. We reserve the right to refuse service, terminate accounts, terminate your rights to use Company Services, remove or edit content, or cancel Winnings in its sole discretion. You agree that any termination of your Account and/or your right to use the Company Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files related to your Account and or bar any further access. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your right to use or otherwise access your Account or use the Company Services.
As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii)access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”).
Neither your Account nor Winnings nor any Digital Assets (defined in Section 3) are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in our game.
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9. Official Rules
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9.1 Eligibility and Participation
Only eligible individuals may participate in the games, subject to all applicable federal, state, and local laws. Participation is void where prohibited by law.
9.2 Fees, Payments, and Withdrawals
Service Fees: All fees for services are non-refundable and must be paid in U.S. Dollars. We may adjust prices without affecting past purchases.
Billing Procedures: We may alter billing procedures at any time, with or without notice. Errors must be reported within 120 days for correction.
Withdrawal Requests: Cash Players can withdraw funds via PayPal, but requests may take up to 15 days, subject to confirmation of funds availability.
9.3 Fraud Prevention and Account Termination
· Fraudulent Activities: Fraudulent actions such as using multiple accounts or cheat software are prohibited. Violations may lead to account termination, forfeiture of winnings, and legal action.
· Cheating and Abuse: Cheating and abuse, including score manipulation or collusion, will result in penalties, including the voiding of scores and possible legal proceedings.
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10. User Behavior Norms
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10.1 Prohibited Content
Users are prohibited from using their game account or the service to disseminate content that violates laws, regulations, or policies. This includes content related to national security, defamation, obscenity, and infringement of intellectual property rights, among others.
10.2 Infringement on Others' Rights and Disruption
Users must not share content that interferes with the normal operation of the game or infringes on the rights of others. This includes sexual content, harassment, threats, scams, and any form of content that disrupts the service or violates privacy.
10.3 Unauthorized Use of Game Information
Without written permission, users are prohibited from using game content for commercial purposes, including copying, editing, or redirecting content to other channels. Unauthorized attempts to generate traffic or manipulate the game’s content will also be prohibited.
10.4 Violations, Penalties, and Legal Actions
If violations are reported or discovered, the company may review and delete the violating content and impose penalties, such as warnings, account bans, or functional restrictions. Legal actions may be taken against users who breach this agreement, and users may be held accountable for any third-party claims arising from their violations.
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11. Compliance with Laws
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11.1 Prohibited Jurisdictions
Certain jurisdictions, including specific U.S. states and countries, prohibit participation in Cash Competitions due to local gaming laws. Users located in these prohibited jurisdictions, such as Arizona, Arkansas, and others, may not participate in Cash Competitions. It is the user's responsibility to determine whether they are in a Prohibited Jurisdiction, and the company reserves the right to block access from such areas.
11.2 Compliance with Local and International Laws
In addition to gaming laws, users must comply with all relevant municipal, state, and federal laws, including export laws and other regulations from the jurisdiction in which they reside or from which they access the services. The user is solely responsible for ensuring compliance with these applicable laws, and participation in competitions may not be legal in certain jurisdictions.
11.3 Legal Disclaimers
The company makes no representations or warranties regarding the legality of participating in any competitions or using the services in any given jurisdiction. Users participate in competitions at their own risk and agree not to hold the company or its affiliates liable if participation is restricted or prohibited by applicable laws.
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12.User Interaction Disclaimer
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You are solely responsible for your interactions with other people, whether online or in person. The game is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. The game is under no obligation to become involved with any user dispute, but may do so at its own discretion. Any dispute arising out of or in connection with this term shall be governed by the relevant laws and regulations of Hong Kong.
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13.Indemnification
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You agree to indemnify, defend, and hold harmless the APPS, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these End User License Agreement, any law or the rights of any third party.
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14.Limitation of Liability
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THE GAME SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A THE GAME EVENT OR ANY PERSONAL INFORMATION, EVEN IF THE GAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST THE GAME FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF THE GAME IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, THE GAME ’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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15.Severability
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If any provision in these End User License Agreement is held invalid, the remainder of these End User License Agreement shall continue to be enforceable. If any provision in these End User License Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from these End User License Agreement and the remaining provisions are still valid and enforceable.
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16.Termination
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You agree that the game has the right to suspend or deactivate your account or your access to certain parts of the game at any time and without notice or liability to you. Upon such termination we might delete your account and other information related to your account. Reasons for such termination could be violations of this agreement, requests from law enforcement or other government agency requests,but it is not limited to any of these.