Terms of Service
Effective date: September 30, 2020
Thanks for using our games, websites or related services (“Service” or “Services”). The Services are provided by MYNI LIMITED (“MYNI" or “we” or “us” or “our”), a New Zealand corporation with its registered office at Level 5, 129 Hurstmere Road, Takapuna, Auckland, 0622, NZ. Accepting the Terms of Service
1.1. These Terms of Service (the “Terms”) create a legal agreement between you (“you” or “your”) and MYNI and govern your downloading, installing, access and/or using our Services, 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 or Virtual Goods; any other texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, software, feedback, comments, communication, suggestions and any other material, content, data, information and service may be made available to you through the Services, whether on your mobile device, computer, on our website or any other device, platform or website.
Please read these Terms carefully before you decide whether to accept them. To confirm your understanding and acceptance of the Terms, please click "Accept", "Play", "Continue", "Ok", "Login with Facebook", "Continue with Facebook", "Sign in with Apple" or any other button with similar functionality when prompted by the Service.
1.2. You must only use the Services if:
(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 your location (if different from your country of residence) where you use them.
1.3. By using the Services, you represent that you are age 16 or older. If you are under the age of 16, you must not use any Services.
1.6. These Terms contain a binding arbitration clause in Section 10 and class, collective, and representative action waiver that impact your rights about how to resolve disputes. Except if you opt-out and except for certain types of disputes described in Section 10, you agree that all disputes between you and MYNI will be resolved by binding, individual arbitration and you waive your right to trial by jury or participate as a plaintiff or class member in any class, collective, or representative lawsuit or arbitration.
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, arts, sounds, music, video, audiovisual effects and combinations, interactive content, recording 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 MYNI, reserved to MYNI and protected by, among other things, international copyright laws. All rights not expressly granted to you herein are reserved by MYNI.
2.2 As long as you, the user, are in compliance with these Terms, we provide you a non-exclusive, personal, non-transferable, revocable limited license only for your personal private non-commercial use (excluding any related object or source code). 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 shall have no right, title or interest in any of our Services, including without limitation any content that appears in the Services, accounts, any Virtual Currency and/or Virtual Goods, other than 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, or create or make available to the public any work related to our games.
2.5 You must not make any cheats or other technological means available that would allow you or any other user to control our Services or their elements, including without limitation allowing users to obtain Virtual Currency and/or Virtual Goods, whether it be free or not.
3. User Account
3.1 You may be required to create an account with us, to select a password for your account or you may allow our Services to interact with account for any social network or platform or also use other credentials to access the account (“Account Information”).
3.2. 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 shall not rent, sell or give away your Account Information, create an account using a false identity or information, or on behalf of someone other than yourself. You shall keep Account Information secret/confidential. You shall 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. You are solely responsible for maintaining of 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.
3.3. MYNI 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 an unauthorised access to your account or use of the Services or for any loss or harm resulting from any unauthorised use.
3.4. You acknowledge and agree that if you delete your account, or if 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 Currency or Virtual Goods, and other data, information, content and materials relating to your account.
4. User Content
4.1. You represent that all data, information, communication, including without limitation any chat text, image, graphics, sound, video, tags, or other materials (“Content”) that may be uploaded, transmitted, sent, communicated or otherwise made available through our Services by you shall remain accurate, complete and true.
4.2. You acknowledge and agree that all Content uploaded, transmitted, sent, communicated or otherwise made available through our Services by you, whether publicly posted or privately, are your sole responsibility.
4.3. When you use the Services, you acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material.
The Service may include various forums, blogs and chat features where you can post Content, including your observations and comments on designated topics.
MYNI 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 don’t want others to use, do not make it available through the Services. MYNI has no responsibility to evaluate, use or compensate you for any ideas or information you may choose to share or submit.
MYNI is not responsible for any Content that is uploaded, transmitted, sent, communicated or otherwise made available through our Services by you or other users, not responsible for monitoring the Services and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct and no obligation to modify, edit, remove or delete any inappropriate content. MYNI does not, and cannot, pre-screen or monitor all Content and users’ conduct. Therefore MYNI does not guarantee the quality, accuracy or integrity of Content on our Service. MYNI will not be held liable for any such circumstance regarding Content, including, but not limited to, errors, loss or damage. Your use of the Services is at your own risk.
4.4. MYNI is not required to, although it may, regulate, monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. MYNI is not obliged to, but is authorized to, review, monitor, prohibit, edit, remove, delete, disable access to or otherwise make unavailable any Content that may be uploaded, transmitted, sent, communicated or otherwise made available by users through our Services without prior notice for any reason or for no reason at any time.
4.5. By installing, using or otherwise accessing the Services, you hereby provide your irrevocable consent 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.
4.6. That being expressed, you, the user, are responsible for any Content that you submit, and acknowledge and agree that no user Content that is uploaded shall be:
(i) harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive, racist, unlawful or otherwise objectionable;
(ii) a misrepresentation or constitute fraud;
(iii) protected by law, including without limitation confidential information, copyright, trademark, patent, trade secrets or any other proprietary rights or in violation any applicable laws and regulations or contractual restrictions;
(iv) marketing or advertising for any good, service, business or other organization;
(v) an invasion of a third party’s privacy or an impersonation of another person and/or user;
(vi) 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
(vii) otherwise prohibited by applicable laws and regulations.
4.7. When you upload, transmit, send, submit, store or receive Content to or through our Services, you:
– confirm that you are authorized to do so;
– agree to allow us and our affiliates to edit, publish, adapt and/or use your Content and any derivative work 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;
– acknowledge and agree that you have “moral rights” to such Content (such as the right to be acknowledged for your creation and to not have your work used in a derogatory manner) and you also acknowledge and agree that you waive any such moral rights to such Content; and
– agree that, regarding any Content that may be submitted by you, the user, we are not required to protect or monitor such Content rights, and 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.
4.8 You acknowledge and agree that you must not:
– create more than one account per platform to access the Service;
– use, either directly or indirectly, our Services to harm, abuse, advocate, harass or incite harm, abuse or harassment of individuals, groups, entities or to cause offence to or harass any individuals, groups, entities, including without limitation MYNI’s members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys;
– use our Service for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Service);
– use the Service for any commercial or business purpose or for the benefit of any third party, including without limitation to advertising or transmission of any commercial advertisements such as ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation;
– reverse engineer, disassemble, decompile, or hack (or attempt to) any of the Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
– ‘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 text, image, video form graphics interchange formats (‘gifs’));
– rent, sell, transfer or give away (or attempt to) an account with us or any part of an account, Virtual Currency and/or Virtual Goods;
– 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 fairly when using the Services or engaging in real time exchanges;
– use or take part the Services to cheat or design or assist in cheating (for example, by using automated means, bots, hacks, mods or any unauthorized third-party software designed to play, modify or interfere with the Services), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
– use our Services in violation of any applicable law or regulation; or
– use our Services in any other way not permitted by these Terms.
4.9. You must not copy or distribute, create or make available to the public any derivative work from Content related to our games that belongs to another user.
If you feel that someone has infringed upon your own personal intellectual property rights via the Internet, you may contact us by emailing the following information to firstname.lastname@example.org:
– a description of your intellectual property rights and an explanation as to how you believe your rights have been violated;
– a description where the material you believe has violated your rights is located;
– your name, address, phone number and email address;
– a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of material in question is unauthorized, as you an owner of the intellectual property rights to said material, and (ii) that all 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 material); and
– a signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
4.10. Any Content that you make available on our Service using the tools and technology provided by MYNIis entirely voluntary. In exchange for use of the Services you hereby grant to MYNI a sole, 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, 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, in any way, your Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to us the right to authorize others to exercise any of the rights granted to MYNI under these Terms. You further hereby grant to MYNI 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. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your Content, regardless of whether your Content is altered or changed in any manner. MYNI does not claim any ownership rights in your user Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your user Content. MYNI is not obliged to monitor or enforce your intellectual property rights in or to your Content.
5. Policy Regarding Names
5.1. Nicknames, guilds or clan names and any other nameable item or entity of the user may not:
– be obscene, profane, sexually explicit, vulgar, harmful, hurtful or make inappropriate references to the human body or its functions;
– promote drugs or imply anti-gay, ethnic, racial or sexual offense nor any real hostility toward a specific race, religion or nationality;
– reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users;
– violate any law;
– violate MYNI’s or any third party’s property rights;
– initiate a call or call for activities of terrorism or extremism, nor serve as a means of communication for extremist or terrorist persons/groups/organizations;
– contain information that may discredit or offend public officials or any well-known symbol;
– contain any serial numbers or other login/password information for commercial products or services, that would allow users to access otherwise paid Internet services for free;
– contain information or statements that may disclose data representing some confidential secret or other confidential information;
– contain slander, threats or coarse expressions or suggestions that would be in conflict with general ethics, nor any information that would be in contrast to a third party’s privacy (such as name, address, telephone number or any other personal identifying information);
– consist only of well-known names, political parties, geographical locations or numbers that are associated with the above;
– emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity, nor any discriminatory statements or words in reference to a national, gender, racial, religious view or their leaders/figures (such as military, religious or political groups);
– use the name of another user to falsely represent that user.
5.2. MYNI reserves the right to refuse registration of nicknames, clan names, descriptions or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
6. Virtual Currency and Virtual Goods
6.1. MYNI’s Services may include virtual currency, such as virtual rubies, coins, points or similar items, (“Virtual Currency”) and virtual digital items, such as abilities, useful items or other goods (“Virtual Goods”), all for use in MYNI’s Services.
6.2. Users may collect, obtain through the use of said Services or purchase with money a limited, personal, non-transferable, non-sublicensable, non-assignable and revocable license to use Virtual Currency and Virtual Goods.
6.3. MYNI hereby reserves the right to manage, control, regulate, change or eliminate Virtual Currency or Virtual Goods or price and availability of Virtual Currency or Virtual Goods without any liability to you at any time and at its own discretion without prior notice. To exercise such right, MYNI shall not be held liable to anyone, whether it be the user or a third party.
MYNI may limit the total amount of Virtual Currency or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Currency or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency or Virtual Goods from us or our authorized partners through the Services, and not in any other way.
MYNI is not responsible for hacking or loss of your Virtual Currency or Virtual Goods.
6.4. You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and said transfer is prohibited except for in the manner expressly stated in the Service. You may not sell, transfer or redeem Virtual Currency or Virtual Goods belonging to MYNI to any other user or third party.
6.5. You hereby acknowledge and agree that in reference to Virtual Currency and Virtual Goods, all purchases and redemptions are final and non-refundable. You acknowledge and agree that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit and lost your right of withdrawal once the performance has started. Accordingly, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers.
6.6. If you do not connect the Services on a device to an account that is linked to your social network account, we will not be able to restore any Virtual Currency and/or Virtual Goods and other data associated with your account to a different device if you lose that device or it is damaged.
As a result, on a device which is not connected in this way:
– any risk of loss of Virtual Currency and/or Virtual Goods which you purchase from us is transferred to you upon completion of the purchase as described in Section 6.5 above;
– any risk of loss of Virtual Currency and/or Virtual Goods that you receive from us without making a purchase is transferred to you at the time the Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers; and
– any risk of loss of other data relating to your account (including, without limitation, your progress through the Service, or score you have reached through the Services) is transferred to you immediately at the time such data is generated.
6.7. Any Virtual Currency and/or Virtual Goods are purchased from your platform provider and such purchase will be subject to its 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.
7. Violation of the Terms of Service
7.1 MYNI reserves the right to suspend/terminate access to its Services (even if that means deleting your account) if it deems that you are in violation of these Terms (either resulting from one major violation or a combination of minor violations).
7.2 You, the user, acknowledge this right and agree to compensate MYNI for any damage, harm, loss or expense that may arise as a result of your violation of these Terms.
8. Warranties, Disclaimers and Releases
8.1. MYNI PROVIDES THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND HOPES THAT YOU WILL ENJOY USING THEM. BUT THERE ARE CERTAIN THINGS THAT MYNI DOESN’T PROMISE ABOUT THE SERVICES.
MYNI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES. 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.
8.2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MYNI NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, MYNI 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 DISCLAIM 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, NON-INFRINGEMENT ON THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MYNI PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
8.3. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. NO ORAL OR WRITTEN ADVICE PROVIDED BY MYNI OR ITS EMPLOYEES OR OTHER REPRESENTATIVES CREATE A WARRANTY.
9. Limitations on Liability, Remedies, and Indemnification
9.1. WHEN PERMITTED BY LAW, MYNI, AND MYNI’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, 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, 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 MYNI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO MYNI IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MYNI DURING THIS TIME PERIOD, YOUR SOLE REMEDY (AND MYNI'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MYNI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
9.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYNI AND YOU.
IN ALL CASES, MYNI, 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.
9.4. You acknowledge and agree to indemnify, defend and hold MYNI and its members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys harmless 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.
9.5. You acknowledge that the rights granted and obligations made to MYNI under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm MYNI and which cannot be replaced by monetary damages alone, so that MYNI 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, 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, limited by Section 9.1 (if any).
10. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE CAREFULLY READ THIS SECTION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
10.1. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download or use our Services in the United States. 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.
10.2. You and us (the “parties”) shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall 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 email@example.com. Most concerns are quickly resolved in this manner to our customers’ satisfaction.
The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, but shall 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, 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, MYNI 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.
10.4. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, 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.
10.6. 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:
(i) a violation of enforcement of MYNI´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
(ii) allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse then 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 11.2 below. In addition to the foregoing, 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.
10.7 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 10.1, 10.3, 10.4, and 10.5 above by sending written notice of your decision to opt-out to the following address: Level 5, 129 Hurstmere Road, Takapuna, Auckland, 0622, NZ, 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 earliest of the date on which you first download the applicable game or accessed or commenced using the applicable Service). Otherwise, you shall 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.
10.8. MYNI will provide 30-days’ notice of any changes to this Section 10 through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day. In the event that you reject any future changes, you are agreeing that you will arbitrate any dispute or claim between us in accordance with the language of this Section 10.
11. Dispute Resolution, Governing Law, and Jurisdiction
11.1. If a dispute arises between you and MYNI, we strongly encourage you to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org.
11.2. If you are a resident of the United States:
(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 forth above in Section 10.6, or otherwise determined not to be arbitrable.
11.3. If you are a resident outside of the United States, to the fullest extent permitted under applicable law:
(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 10, “BINDING ARBITRATION AND CLASS ACTION WAIVER” above.
(c) If a claim or dispute you may have against MYNI 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.
12. Privacy and Protection of Personal Data
12.1. Any information you provide is subject to the policies of the relevant social network or 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 (hereinafter, “Personal Data”) with MYNI.
13. Termination of the Services/Agreement
13.1. MYNI 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. You acknowledge that MYNI is authorized to discontinue or change the Service and/or its content at any time, without liability and with or without notice to you, the user.
13.2. MYNIis hereby authorized to suspend/terminate this agreement with you, and you are hereby authorized to suspend/terminate your use of the Services at any time for (but not limited to) the following reasons:
(a) you have violated these Terms;
(b) you are involved in illegal acts, have infringed upon copyright, privacy or intellectual property rights of another person or a third party;
(c) it is required by applicable law/regulations, within the time periods required by said applicable law/regulations;
(d) MYNI simply determines that the Service shall no longer be offered.
At the time this agreement is terminated, (a) all rights and license to use the Service shall likewise be terminated; (b) you, the user, shall stop using the Service. Should this agreement be terminated or suspended, your obligations to MYNI regarding these Terms (including provisions regarding rights, ownership, liability, compensation, confidentiality, etc.) shall continue, as long as they are intended to last longer than the agreement itself.
13.3. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Currency and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
13.4. At any time, you may terminate this agreement and the resulting relationship with MYNI by stopping use of the Services.
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 MYNI would be responsible for any registration in said locale.
14.2. Entire Agreement.
If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part shall 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 shall 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 shall be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
14.4. No Waiver.
Any failure on the part of MYNI to exercise any and all rights or stipulations under these Terms shall not constitute a waiver of said rights or stipulations, and should any party hereof 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, the parties agree that the court shall consider the parties’ intentions, as stipulated, and all other stipulations shall remain in effect.
Under no circumstances may you assign these Terms without the express written consent of MYNI. However, MYNI reserves the right to assign these Terms as it deems necessary.”
Should there be any question of your compliance with these Terms, MYNI may request, and you must provide, any information, documentation or releases necessary to prove such a fact.
14.7. Construction and Waiver of Defense.
You, the user, hereby agree that these Terms, having been written by MYNI, shall not be used against MYNI in any manner. You hereby waive any and all defenses resulting from the fact that these Terms are in electronic form and the acknowledgement of and agreement to said Terms does not require the physical signature of the parties to be binding and in effect.
14.8. Force Majeure.
Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, or any other cause outside of MYNI’s control, MYNI shall not be liable for any delay or failure of the Services’ provision.
14.9. Third Party Services.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of the Terms, the English version will apply to the extent of the difference and to the extent permitted by applicable laws and regulations.
Any provisions of these Terms which by their express language or by their context are intended to survive the termination of this agreement, these Terms, or the Services shall survive such termination.
14.12. No Third Party Beneficiaries.
Except as explicitly provided herein, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
14.13. Contact Details.
Should you have any questions regarding these Terms, please contact us at email@example.com.
14.14. Headings. The headings in these Terms are for reference only and do not affect the interpretation of this agreement.