Reinventing imagination with code that puts joy at your fingertips!
Reinventing imagination with code that puts joy at your fingertips!
DATE LAST MODIFIED: 23 December 2024
YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE IN COMPETITIONS AND USE THE SERVICES OFFERED BY THIRD PARTY DEVELOPERS DOES NOT ESTABLISH Make Pro Registro, S.A. de C.V. AS A PROVIDER OF COMPETITIONS OR THE SERVICES.
BY REGISTERING FOR AN ACCOUNT WITH US (your “Account”), USING THE SERVICES IN ANY WAY, CLICKING “I ACCEPT” BELOW, DOWNLOADING ANY APPLICATION, OR REGISTERING FOR OR PARTICIPATING IN ANY COMPETITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE (“Rules”) (these Terms and Conditions of Service, the terms of any policy incorporated herein, and the Rules are collectively referred to as the “Terms”) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.
a.Subject to your agreement and continuing compliance with these Terms and Conditions, we grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform and the Content, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
b.We grants you a personal, non-exclusive, nontransferable, non-sublicensable, revocable, limited licence to use the avatars available on the Platform.
c.We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at (“Website”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
d.You may not modify these Terms except in writing signed by both you and us. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
e.To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with us; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice.
a.You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;
b.You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit Cash Competitions to be offered to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions.
c.In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Delaware; Louisiana; Maryland; Montana; Tennessee; Indiana; Maine; Texas. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our developer partners, we reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
d.You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
e.You participate in the Games on your own behalf and not on the behalf of any other person;
f.All information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;
g.You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behaviour;
h.You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Merchandise provided to you by us;
a.You are allowed to have only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed.
b.You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not on any one Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
c.It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediumsare kept secure and are only accessible by you. You accept full responsibility for any unauthorised use of your Customer
d.Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited).
e.You must not share your Customer Account or password with another person, let anyone else access or use your
f.Customer Account or do any other thing that may jeopardise the security of your Customer Account.
g.If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorised disclosure of your password and Customer Account details, you must notify us immediately.
h.You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account.
i.You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
j.We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
k.We reserve the right to close your Customer Account if it is deemed to be an Inactive Account.
l.If no transaction has been recorded on your Customer Account for 30 consecutive months, we will remit the balance of the redeemed value of the Prizes in your Customer Account to you or as otherwise may be required under applicable law..
a.Fees. Fees and payments for Services that you pay to participate in Competitions (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
b.Billing. As agent for our developer partners, we may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us, as agent for our developer partners, to charge you for the Services using your payment method; and (iii) authorize us, as agent for our developer partners, to charge you for any paid feature of the Services that you choose to sign up for. As agent for our developer partners, we may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our developer partners (i) will be liable for any losses resulting from the error and (ii) will be required to correct the error or provide a refund. If we or our developer partners identifies a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we, as agent for our developer partners, incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
c.Cash Deposits. If you play games integrated in a Competition without depositing U.S. Dollars into your Account for that Competition, then you are a “Non-Cash Player” with respect to such Competition. However, if you play in a Competition that requires an entry paid in U.S. Dollars (“Cash Competition”), then you are a “Cash Player”, and if you establish a positive Account balance for entry fees for Cash Competitions, then you must submit and maintain at all times the following current and correct information: your full name, your permanent residential address, your phone number and your credit card or other payment information. Participating in Cash Competitions may require establishing a positive Account balance in any amount we or our developer partners determine. If you are a Cash Player, by submitting this information, you consent to allowing us and our developer partners to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy.
d.Bonus Funds. If you are a Cash Player then you may be granted bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. When you enter a Cash Competition, US$0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every US$0.10 (ten U.S. cents) spent on the Cash Competition entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds are the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash Competition within a continuous 60 day time period, all Bonus Funds in your account will be forfeited.
e.Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested funds is made by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we, as agent for our developer partners, may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check request processing fee for any withdrawal may be assessed.
f.Refund Policy. Unless otherwise required by law, no refunds are given.
g.Winnings. If you are eligible to receive Winnings, in our capacity as agent for our developer partners, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our or our developer partners’ reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we, as agent for our developer partners, may reverse or require return of the payment. You agree to cooperate with our efforts to do this, in our capacity as agent for our developer partners. We may also reduce payment to you without notice to adjust for any previous overpayment.
h.Credit Card/PayPal Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
a.The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located in this game; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b.Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us or our developer partners, whether directly or through the Website, Services or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us and our developer partners as non-confidential and non-proprietary. Subject to these Terms, we and our developer partners may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to us and our developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we and our developer partners may permanently delete your Content from our servers and we have no obligation to return Content to you.
c.Digital Assets. Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account, such as “Z”, virtual trophies or virtual goods, are collectively referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
d.Ownership. All content of the Website, all products and services, all logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of us as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
a.To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors are not liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accumulated but wasted expenses, costs of purchasing substitute goods or services, loss of good faith, or other intangible loss, lead to:.
① Your access or use or inability to access or use the Service.
② Any conduct or content of any third party on the Service, including but not limited to any content provided by any advertiser, affiliate ad network, rewards program operator or payment provider we may work with or any other user of the Service, product or service.
③ Any content and/or information obtained from the Services, or reliance on the Services or any part thereof.
④ Unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we knew or should have known of the possibility of such damages.
b.In some jurisdictions, 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. The foregoing limitations of liability shall be to the maximum extent permitted by the laws of the applicable jurisdiction. Nothing in these terms cancels or supersedes your rights as a consumer based on mandatory provisions of law. To the maximum extent permitted by applicable law, our aggregate liability and/or the liability of our affiliates is limited to the total amount..
c.In no event shall we be liable for any virus, bug, human action or omission of any computer system, telephone line, hardware, software or program failure, or any other error, malfunction, or computer transmission or network, connection responsible for any delays or damages arising from your access to or use of the Services. We cannot and do not guarantee continuous, uninterrupted or secure access to the Services.
d.In no event shall we be liable to you for any damages, claims, liabilities or expenses incurred or suffered by you in connection with any content, products or services provided by any third parties with whom we work.
e.You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from liability for the acts or omissions of any third parties arising out of or in connection with your use of the Services.
f.You agree to indemnify and hold us harmless from and against any claim or demand (including attorneys' fees) made by any third party arising out of your use of or access to the Services, your violation of these Terms, or your violation of any law or the rights of a third party. damage. Nothing in these Terms shall be deemed to exclude or limit your liability for any compensation under these Terms.
a.You are responsible for complying with all laws that apply to your User Content. You agree not to submit to the Service or send to other users of the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially discriminatory , illegal material or any material that infringes or violates the rights of another party.
b.You will not provide us or any other user of the Service with inaccurate, misleading or false information. If information provided to us or to other users of the Services later becomes inaccurate, misleading, or false, you will promptly notify us of such changes.
c.We may, in our sole discretion, remove any User Content without notice, but are under no obligation to do so. We are not responsible for the conduct of any user on the Service, including any User Content submitted on the Service. We are not responsible for monitoring inappropriate content or conduct on the Services. Your use of the service is at your own risk.
d.You hereby grant us a sole, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, assign, transmit , publicly display and use any User Content, and incorporate it into other works in any form, media or technology now known or later developed.
e.You hereby further grant us the unconditional right to use and exploit your name, likeness and any other information or material contained in any User Content in connection with any User Content or your User Account without liability to you. any obligation. You waive any attribution and/or any moral rights you may have in your User Content, whether or not your User Content is altered or altered in any way, except where prohibited by law.
f.You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Services, is at your own responsibility and risk. We are not responsible for the backup and/or retention of any User Content transmitted to the Service.
g.Prohibited Content; Prohibited User Content on the Service includes, but is not limited to
① User Content that promotes racism, bigotry, hatred, or any form of physical harm against any group or individual.
② Harassing User Content.
③ Sexual or Offensive User Content.
④ User Content that promotes terrorism or religious hatred.
⑤ User Content that promotes illegal activity or conduct that is abusive, threatening, obscene, or defamatory.
⑥ User Content of a commercial nature that is not authorized by us; or
⑦ Content that promotes the services of other businesses or competitors.
1)Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation.
2)Intellectual Property. Your use of the Game will not convey to you ownership of any intellectual property rights. Game titles, source and object code, game client and server software, game "look and feel", sounds, musical compositions, audiovisual effects, concepts and methods of operation, layouts, text, data, user accounts, themes, objects , people and their portraits, their names, and their biographical information. Stories, dialogues, catchphrases, locations, artwork, animation files, images, graphics, files, game histories and game records, records of any chat rooms and moral rights, whether registered or not, and all applications related to the above shall be vested in us or any third party provider of the game.
3)Taxes. You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.
4)Force Majeure. We will not be responsible or liable for any failure or delay in performance of any of our obligations under these Terms as a result of events beyond our reasonable control.
5)Severability. If, for any reason, any provision of these Terms, or any part thereof, is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that part of the provisions will be deemed severable and will not affect the validity and Enforceability, these Terms will continue in full force and effect.
6)Assignment. These Terms are personal to you and may not be assigned, transferred or sublicensed by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations to any third party without notice to you.
7)Entire Agreement. These Terms incorporate the entire understanding between you and us and supersede all prior understandings between you and us on this subject.
8)Business Transfers. In the event of a change of control, merger, acquisition, or sale of our assets, your user account and related data may become part of the assets transferred to the purchaser or acquirer.
9)Waiver. No claim by us for a breach or breach of these Terms, or failure to exercise any right under these Terms, shall constitute or be deemed a waiver or forfeiture of such rights, or a waiver or forfeiture of such rights in the future.