1. Terms
The terms of this agreement (“Terms of Services” or “Agreement”) govern the
relationship between you and Madcraft Oyun Teknolojileri AS, its subsidiaries, parent
companies, joint ventures and other corporate entities under common ownership and/or
any of their agents, consultants, employees, officers and directors (collectively, “Madcraft
Studios”) and applies to your access to and use of madcraftstudios.com website and any
other mobile applications, websites, games and/or any services related to games that are
made available by Madcraft Studios on the Apple App Store, Google Play App Store,
Amazon App Store or on Facebook (collectively, the “Services”).
Prior to your accessing or using the Services, please read these Terms of Services and
the Privacy Policy carefully. THESE ARE LEGALLY BINDING AGREEMENTS
BETWEEN YOU AND MADCRAFT STUDIOS. BY INSTALLING, USING OR
OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF
SERVICES AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE USE OF THEM
IMMEDIATELY. USE OF THE SERVICE IS VOID WHERE PROHIBITED. YOU
ACKNOWLEDGE THAT THE SERVICES ARE LICENSED, NOT SOLD, TO YOU.
When you access the Services, you may be required to register an account (“Account”).
By registering for an account or by using the Services in any capacity, you represent that
you are at least 18 years old and you understand and agree to these Terms of Services.
If you are under the age of 18 and at least 13 years old, then you represent that your
parents or your legal guardian has reviewed and agreed to these Terms of Services. No
one under the age of 13 may use the Services under any circumstances.
If you access the Services through a Third-party platform like Apple, Google, Amazon
and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are
obligated to comply with the Third Parties’ terms and conditions as well as these Terms
of Services.
2. Changes to Terms or Services
Madcraft Studios reserves the right to amend, change, modify, add or remove portions of
the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting
the updated version on its website and within the games. You will be deemed to have
accepted such changes by continuing to use any of the Services. If at any point you do
not agree to any portion of the current version of the Terms of Services, the Privacy
Policy or any other Madcraft Studios policy, rules or codes of conduct relating to your use
of the Services, then you must cease your use of the Services, and your license to use
the Services will be immediately terminated. For your convenience, the date of last
revision is included at the top of this page.
Madcraft Studios may make changes to the Services at any time or discontinue your
access to the Services at any time without warning and without a refund of any kind. You
understand and hereby agree that Madcraft Studios may discontinue or restrict your use
of the Services for any reason and without notice or compensation.
3. License
3.1 Grant of a Limited License to Use the Services
The Services are available for use only by authorized end users in accordance with the
terms and conditions set forth in this Agreement. Madcraft Studios grants limitations
provided herein to access and use the Service using a personal computer for the Service
or a mobile device for the Apps solely for your individual, non-commercial entertainment
purposes. Except as may be expressly permitted by Madcraft Studios, you may not sell,
copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or
derive from the Service.
You shall not create an Account or access the Services if you are under the age of 13;
you shall restrict use by minors; and you will deny access to children under the age of
13. You accept full responsibility for any unauthorized use of the Services by minors and
are responsible for any use of your credit card or other payment instrument by minors. If
a user is under the age of 18 and over the age of 13, then only a parent or legal guardian
may make an account for them, and the parent or legal guardian must consent to this
Agreement and Madcraft Studios’ privacy policy. Madcraft Studios takes the privacy of
children very seriously. If you have any reason to believe that the personal information of
anyone under the age of 13 has been submitted to Madcraft Studios, please contact us
immediately and provide us the necessary information to delete it.
3.2 Conditions of License
You acknowledge and agree that you shall not, under any circumstances:
• name your Account or adopt a username in the Services with the intent to impersonate
another individual or entity or to impersonate an employee of Madcraft Studios;
• sell, rent or give away your Account, create an Account using a false identity or
information, or on behalf of someone other than yourself or a minor if you are the parent;
• use the Services if you have previously been removed by Madcraft Studios or
previously been banned from playing any of the Services, including the games;
• use your Account or Madcraft Studios’ Services for commercial purposes;
• engage in any act that Madcraft Studios deems to be in conflict with the spirit or intent
of the Services;
• post, upload, publish, submit or transmit any content that (i) infringes, misappropriates
or violates Third Party’s patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights or rights of publicity or privacy; (ii) violates or encourages any
conduct that would violate any applicable law or regulation or would give rise to civil
liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes illegal or
harmful activities or substances;
• use, display, mirror or frame the Services or any individual element within the Services,
Madcraft Studios’ name, any Madcraft Studios trademark, logo or other proprietary
information or the layout and design of any page or form contained on a page, without
Madcraft Studios’ express written consent;
• access, tamper with, or use non-public areas of the Services, Madcraft Studios’
computer systems or the technical delivery systems of Madcraft Studios’ providers;
• attempt to probe, scan or test the vulnerability of any Madcraft Studios system or
network or breach any security or authentication measures;
• institute, assist or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Services or other attempts to
disrupt the Services or any other person’s use or enjoyment of the Services;
• use emulators, cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with the Services, any
games or any game experience or modify or cause to be modified any files that are part
of the Services or any games without Madcraft Studios’ express written consent;
• attempt to gain unauthorized access to the Services, Accounts registered to others or to
the computers, servers or networks connected to the Services by any means other than
the user interface provided by Madcraft Studios, including, but not limited to, by
circumventing or modifying, attempting to circumvent or modify or encouraging or
assisting any other person to circumvent or modify, any security, technology, device or
software that is part of the Services;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Madcraft Studios or any of Madcraft Studios’
providers or any other Third Party (including another user) to protect the Services;
• attempt to access or search the Services through the use of any engine, software, tool,
agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the
like) other than the software and/or search agents provided by Madcraft Studios or other
generally available third-party web browsers;
• send any unsolicited or unauthorized advertising, promotional materials, email, junk
mail, spam, chain letters or other form of solicitation;
• forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting or in any way use the Services to send altered, deceptive or false
source-identifying information;
• engage in abusive, threatening, obscene, defamatory, libelous, racially, religiously,
sexually or otherwise objectionable or offensive acts that include posting and/or
communicating such information through the Services or by any means; and/or
• engage in acts or attempts to abuse, harm, harass, advocate or incite harassment,
abuse and violence towards another person, group, Madcraft Studios’ employee(s),
agents, consultants, officer and/or directors or the Services.
Such unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Services shall be construed as
conferring any license to intellectual property rights. Madcraft Studios reserves the right
to determine whether one's conduct violates this Agreement, including the intent or spirit
of the Terms of Services or the Services, at its sole discretion. Madcraft Studios also
reserves the right to take any action it deems appropriate as a result, which may include
forbidding you access to the Services, terminating your account and/or limiting your
access to the Services.
3.3 Login Information and Your Account
To access to the Services, you may need to create a user Account, and you will be
required to select a password (“Login Information”). You are responsible for all
transactions in your Account, including, but not limited, to the use of your credit card and
other payment systems.
Thus, Madcraft Studios strongly encourages you to keep your password safe and never
to give your Account information to anyone else. If another user you share your Account
with makes purchases on your Account with your purchase information, then you will be
responsible for that purchase.
3.4 License Term
The term of the licenses granted to you under this Terms of Services shall commence on
the date you accept this Terms of Services and install or otherwise use the Services and
ends on the earlier date of either your disposal of the license or termination of this Terms
of Services by Madcraft Studios.
3.5 Suspension and Termination of Services
Without limitation to any other remedies, Madcraft Studios may delete, suspend,
terminate, limit or modify accounts or access to the services or any portions thereof if
Madcraft Studios suspects or if you have failed to comply with any of the Terms of
Services, for any suspected or actual illegal activity, improper use of the Services, with or
without any notice to you. Such actions may result in the loss of your account,
information, persona, benefits and in-game purchases. Madcraft Studios is not and will
not be held responsible for any information, persona, rankings, benefits and losses
incurred, and is under no obligation to compensate you for any of this.
Madcraft Studios may also stop offering and/or supporting the Services, including, but
not limited to, any particular game or part of the Services at any time, at which point your
license to use the Services or a part thereof will be automatically terminated. In such
event, Madcraft Studios shall not be required to provide refunds, benefits or other
compensation to users in connection with such discontinued or terminated Services.
Such actions may also result in termination of your Account, disabling of your access to
the Services or any part thereof, including any content that may have or was in the
process of being submitted.
4. Ownership and User Content
4.1 Games and Services
All rights, title and interest in and to the Services (including, without limitation, any
games, titles, computer code, themes, objects, characters, character names, stories,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, documentation, in-game chat transcripts, methods of operation,
moral rights, character profile information, virtual items, recordings of games played
using a Madcraft Studios game client and the Madcraft Studios game clients and server
software) are owned solely by Madcraft Studios. Madcraft Studios reserves all rights,
including, without limitation, all intellectual property rights or other proprietary rights in
connection with its games and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree
that you have no right or title in or to any content that appears in the Services, including
without limitation the virtual items appearing or originating in any games, whether earned
in a game or purchased from Madcraft Studios, or any other attributes associated with an
Account or stored on the Services.
4.2 User Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you
shall have no ownership or other property interest in the account, and you further
acknowledge and agree that all rights in and to the account are and will forever be
owned by and inure to the benefit of Madcraft Studios.
4.3 User Content
“User Content” means any communications, images and sounds and all the material,
data and information that you upload or transmit through the Services, or that other users
upload or transmit, including, without limitation, any forum postings and/or chat text.
You hereby grant to Madcraft Studios and its licensors, including, without limitation, its
respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-
licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify,
translate, reformat, create derivative works from, manufacture, introduce into circulation,
publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly
display, publicly perform or provide access to electronically broadcast, communicate to
the public by telecommunication, display, perform, enter into computer memory and use
and practice such User Content as well as all modified and derivative works thereof,
without compensation to you.
Madcraft Studios will not have any liability or responsibility for any user behavior or for
monitoring User Content or inappropriate conduct in the Services. Madcraft Studios does
not screen or monitor User Content submitted on the Services. The users of the Services
bear all risk associated with its use, including, but not limited to, exposure to offensive
and indecent content.
Though it is not obligated to, Madcraft Studios reserves the right in its sole discretion to
monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any
User Content without notice for any reason or for no reason at any time for the purpose
of operating the Services, to ensure compliance with these Terms and to comply with
applicable law or other legal requirements. By accepting the Terms of Services, you
hereby provide your irrevocable consent to such monitoring and recording. You
acknowledge and agree that you have no expectation of privacy concerning the
transmission of any User Content, including, without limitation, chat text or voice
communications.
4.4 Public Forums
Madcraft Studios provides fun pages, forums, blogs and chat features in the Services, in
which users can post information. Users may post topics of interest, general information,
comments and sometimes even personal information in these mediums. You understand
that Madcraft Studios is not responsible for any information posted in the Services or
whether others will view your information, comments and topics in the same light. Please
do not submit, upload, write or transmit any information in the Services you deem to be
confidential. Madcraft Studios does not and will not bear any responsibility or liability of
the use of any such information. Furthermore, no compensation will be provided for any
ideas, schemes or uses of any information provided in these medium.
4.5 User Interactions
You are solely responsible for your interactions with other users of the Services and any
other parties with whom you interact through the Services or the games. Madcraft
Studios reserves the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Madcraft Studios to investigate any
suspected unlawful, fraudulent or improper activity, including, without limitation, granting
Madcraft Studios access to any password-protected portions of your Account. If you
have a dispute with one or more users, you release us (and Madcraft Studios’ officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes.
5. Fees and Purchase Terms
5.1 Virtual Items
You may purchase with “real world” money a limited, non-transferable, non-sub-
licensable, revocable license to use (a) “virtual currency,” including but not limited to
virtual cash, in-game coins and all other kinds of in-game monies, all for use in the
games; (b) virtual in-game items (virtual currency and virtual in-game items referred to
collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the
Services for your personal and non-commercial entertainment. You are only allowed to
purchase Virtual Items from Madcraft Studios or its authorized partners through the
Services, not in any other way.
You understand that Madcraft Studios has the absolute right to manage, regulate,
control, modify or eliminate Virtual Items and may revoke your access to them at any
time and for any reason, with or without notice. Madcraft Studios shall have no liability to
you or any Third Party in the event that Madcraft Studios exercises any such rights. You
have no claim, right, title, proprietary or ownership interest in any of the Virtual Items
regardless of any consideration paid for those virtual items.
Except when explicitly authorized by Madcraft Studios, (i) transfers of Virtual Items to
other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or
sell any Virtual Items for “real world” money or otherwise exchange items for value; and
(iii) Madcraft Studios does not recognize any such purported transfers of Virtual Items or
the purported sale, gift or trade in the “real world” of anything that appears in the
Services. Any attempt to do any of the foregoing is in violation of these Terms of
Services and will result in an automatic termination of your rights to use the Virtual Items
and may result in termination of your Account. All Virtual Items are forfeited if your
Account is terminated or suspended for any reason, or if Madcraft Studios discontinues
providing the Services.
You agree that you will not assert or bring any claim against Madcraft Studios, its
affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you
own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost
upon deletion or suspension of your account or modification, termination or expiration of
these terms.
5.2 Fees, Refunds and Return Policy
All sales through the Service are final. You acknowledge and agree that any applicable
fees and other charges (including, without limitation, virtual items) are not refundable in
whole or in part. You are fully liable for all charges to your account, including any
unauthorized charges. Madcraft Studios does not issue any refunds or offer any
exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS
OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE
REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED
VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE
TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS
CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Madcraft Studios may, at any time, revise or change the pricing, availability,
specifications, content, descriptions or features of the game or any products sold through
the Services.
The inclusion of any products through the Services at a particular time does not imply or
warrant that these products will be available at any other time. All such changes will be
effective immediately upon posting of such new product prices to the Services.
6. Updates to the Services
You acknowledge and agree that Madcraft Studios may update the Services and the
games you have installed on your computer or mobile device with or without notifying
you.
7. Third-party Services
The Services or/and the games may include links to Third-party services and/or the
Third-party services may be made available to you via the Services or the games. The
Third-party services may include, but are not limited to, gameplay recording and sharing,
social medial connectivity and the like. You acknowledge and agree that Third-party
services are subject to respective Third-party terms and conditions. Please read these
Third-party terms and conditions because they constitute an agreement between you
and the applicable Third-party service provider.
8. Feedback
Madcraft Studios welcomes feedback, comments and suggestions for improvements to
the Services (“Feedback”). You can submit Feedback by emailing us
at support@madcraftstudios.com or by posting your Feedback on “Customer Review”
within the games or on the app-store pages. You grant to us a non-exclusive, worldwide,
perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license
under any and all intellectual property rights that you own or control to Madcraft Studios,
copy, modify, create derivative works based upon and otherwise exploit the Feedback for
any purpose.
9. Warranty Disclaimers
WITHOUT LIMITING MADCRAFT STUDIOS’ LIABILITY UNDER SECTION LIMITATION
OF LIABILITY BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. MADCRAFT STUDIOS DOES NOT WARRANT THAT YOU WILL BE ABLE
TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
to the maximum extent permitted by law, MADCRAFT STUDIOS SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION
OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED),
ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR
THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT MADCRAFT STUDIOS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MADCRAFT STUDIOS SHALL
NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO
MADCRAFT STUDIOS IN ACCORDANCE WITH THESE TERMS OF SERVICES IN
THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU
FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE
NOT PAID ANYTHING TO MADCRAFT STUDIOS DURING SUCH TIME PERIOD,
YOUR SOLE REMEDY (AND MADCRAFT STUDIOS’ EXCLUSIVE LIABILITY) FOR
ANY DISPUTE WITH MADCRAFT STUDIOS IS TO STOP USING THE SERVICES AND
CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for certain types of damages. Accordingly, some of these disclaimers
and limitations may not apply to you. To the extent that Madcraft Studios may not, as a
matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the
scope of such warranty and the extent of Madcraft Studios’ liability shall be the minimum
permitted under such applicable law. In particular, nothing in these Terms of Services
shall affect the statutory rights of any consumer or exclude or restrict any liability for
death or personal injury arising from any negligence or fraud of Madcraft Studios.
11.Indemnity
You agree to indemnify, defend and hold Madcraft Studios harmless from any claim,
demand, damages or other losses, including reasonable attorneys’ fees, asserted by any
Third Party resulting from or arising out of any breach by you of this Terms of Services.
Madcraft Studios reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify Madcraft Studios, and
you agree to cooperate with Madcraft Studios’ defense of these claims. Madcraft Studios
will make reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it. You agree that the provisions in this paragraph will survive any
termination of your Account(s) or of the Services.
12. Dispute Resolution and Applicable Law
If a dispute arises between you and Madcraft Studios, Madcraft Studios strongly
encourages you to first contact Madcraft Studios directly to seek a resolution by opening
a help ticket directly in-game via the help section or contact Madcraft Studios
at support@madcraftstudios.com
You agree that all disputes between you and Madcraft Studios shall be governed by the
laws of Turkey by a court located in Istanbul without regard to conflict of law provisions,
and you agree to submit to the jurisdiction of such court.
13. No Class Actions
You and Madcraft Studios can only bring a claim against each other on an individual
basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND
AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY
BRING CLAIMS AGAINST MADCRAFT STUDIOS IN YOUR INDIVIDUAL CAPACITY.
That means:
• neither you nor Madcraft Studios may bring a claim as a plaintiff or class member in a
class action, consolidated action or representative action;
• the arbitrator or court cannot combine more than one person’s claim into a single case
and cannot preside over any consolidated, class or representative arbitration proceeding
(unless you and Madcraft Studios both agree to change this); and
• the arbitrator’s or court’s decision or award in one person’s case can only impact the
person who brought the claim, not other users of the Services, and cannot be used to
decide other disputes with other users.
14. Severability
If any portion of these Terms of Services or of the Privacy Policy is found illegal or
unenforceable, in whole or in part by any court of competent jurisdiction, such provision
shall, as to such jurisdiction, be ineffective solely to the extent of such determination of
invalidity or unenforceability without affecting the validity or enforceability thereof in any
other manner or jurisdiction and without affecting the remaining provisions of the terms,
which shall continue to be in full force and effect.
15. Assignment
Madcraft Studios may assign or delegate these Terms of Services and/or the Privacy
Policy, in whole or in part, to any person or entity at any time, with or without your
consent. You may not assign or delegate any rights or obligations under the Terms of
Services or Privacy Policy without Madcraft Studios’ prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
16. Supplemental Policies
Madcraft Studios may publish additional policies related to specific services such as
forums, contests or loyalty programs. Your right to use such services is subject to those
specific policies and these Terms of Services.
17. Entire Agreement
The Terms of Services and Privacy Policy contain the entire understanding of you and
Madcraft Studios and supersede all prior understandings of the parties hereto relating to
the subject matter hereof, whether electronic, oral or written, or whether established by
custom, practice, policy or precedent, between you and us with respect to the Services.
18. No Waiver
The failure of Madcraft Studios to require or enforce strict performance by you of any
provision of these Terms of Services or the Privacy Policy or failure to exercise any right
under them shall not be construed as a waiver or relinquishment of Madcraft Studios’
right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Madcraft Studios of any provision, condition or requirement of
these Terms of Services or the Privacy Policy shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Services, no
representations, statements, consents, waivers or other acts or omissions by Madcraft
Studios shall be deemed a modification of these Terms of Services nor legally binding,
unless documented in physical writing, hand signed by you and a duly appointed officer
of Madcraft Studios.
19. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of
Services to Madcraft Studios are of a unique and irreplaceable nature, the loss of which
shall irreparably harm Madcraft Studios and that cannot be replaced by monetary
damages alone, so that Madcraft Studios shall 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.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or
restrain the operation of the Services or the games, exploitation of any advertising or
other materials issued in connection therewith or exploitation of the Services or any
content or other material used or displayed through the Services and agree to limit your
claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.
20. Force Majeure
Madcraft Studios shall not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including, without limitation, any failure to perform
hereunder due to unforeseen circumstances or causes beyond Madcraft Studios’ control
such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military
authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel,
energy, labor or materials.
21. Partnership
You agree that your use of the Services does not constitute any joint venture,
partnership, employment or agency relationship between you and Madcraft Studios as a
result of this Agreement.
22. Notices
Madcraft Studios may notify you via postings on madcraftstudios.com , on app-store
pages of the games, on Social Networking Sites, in the games and via e-mail or any
other communication means using contact information you provide to us. All notices
given by you or required from you under these Terms of Services or the Privacy Policy
will be done to support@madcraftstudios.com and will include your full name and a
detailed description of why you are contacting Madcraft Studios.