Terms of Use
Last Updated: 31st March 2023
1. Introduction and Acceptance of Terms
Welcome to MagicCraft, an online multiplayer game developed and operated by MagicCraft Inc. ("MagicCraft", "we", "us", or "our"). By installing, accessing, or using the MagicCraft game, including any related websites, applications, services, or content (collectively, the "Game"), you, the user ("you" or "User"), agree to be bound by these Terms and Conditions ("Terms").
Please read these Terms carefully before accessing or using the Game. By accessing, playing, or using any part of the Game, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Game.
We reserve the right, in our sole discretion, to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or within the Game. Your continued use of the Game after any such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Game.
These Terms also incorporate our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also acknowledge and consent to the practices described in our Privacy Policy.
If you are accessing or using the Game on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, the terms "you" and "User" will also refer to that entity.
2. User Eligibility and Age Requirements
MagicCraft is intended for use by individuals who meet the minimum age requirements as defined by the laws of their respective jurisdictions. By accessing or using the Game, you represent and warrant that you meet the age requirements specified below:
a. Users Outside the European Union (EU):
You must be at least 13 years old or older to access and use the Game. If you are under the age of 13, you must obtain the consent of a parent or legal guardian to access and use the Game.
b. Users within the European Union (EU):
You must be at least 16 years old or older to access and use the Game. If you are under the age of 16, you must obtain the consent of a parent or legal guardian to access and use the Game.
If you do not meet the age requirements, you are not allowed to access or use the Game. We reserve the right to verify your age and request proof of age at any time. If we determine that you do not meet the age requirements or have provided false information, we reserve the right to terminate your account and restrict your access to the Game without notice.
By accessing or using the Game, you also represent and warrant that you are not prohibited or restricted from doing so by any applicable laws, regulations, or agreements. You agree to comply with all applicable laws and regulations when accessing and using the Game, including any relevant export control laws and regulations.
3. Account Registration and Security
To access certain features of the Game, you may be required to create an account ("Account"). When creating an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process. You are responsible for maintaining the confidentiality of your Account information, including your username and password, and for all activities that occur under your Account.
You agree to:
a. Notify MagicCraft immediately of any unauthorized use of your Account or any other breach of security.
b. Ensure that you log out of your Account at the end of each session, especially when using a shared or public device.
c. Not use another user's Account without their express permission.
MagicCraft is not liable for any loss or damage arising from your failure to comply with these Account security requirements. You may be held liable for any losses incurred by MagicCraft or other users due to unauthorized use of your Account.
We reserve the right, at our sole discretion, to suspend or terminate your Account, remove or limit your access to the Game, and take any other appropriate actions if we suspect any fraudulent, abusive, or otherwise illegal activity associated with your Account, or if you have violated these Terms.
By creating an Account, you also consent to receive electronic communications from MagicCraft (e.g., via email or in-game notifications) regarding your Account, updates to the Game, promotional offers, and other information. You may opt-out of receiving non-essential communications by updating your Account preferences or following the unsubscribe instructions provided in the communications.
4. User Data and Privacy
Your privacy is important to us. MagicCraft is committed to protecting your personal information and respecting your privacy. Our collection, use, storage, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Game, you acknowledge and consent to the practices described in our Privacy Policy.
When you create an Account or use the Game, we may collect certain information, including but not limited to:
a. Personal information such as your name, email address, and date of birth.
b. Device information such as device type, operating system, and unique device identifiers.
c. Usage information, including game progress, preferences, interactions with other users, and in-game transactions.
d. Location data, which may be derived from your device's IP address or other sources.
We use this information to provide, maintain, and improve the Game, personalize your experience, communicate with you, and for other purposes as described in our Privacy Policy. We may also use this information to enforce these Terms, prevent fraud, and protect the security and integrity of the Game.
You are responsible for maintaining the accuracy of your personal information in your Account. You can access, update, or delete certain personal information through your Account settings or by contacting us as specified in our Privacy Policy.
We may share your personal information with third parties as described in our Privacy Policy, including with our affiliates, service providers, or when required by law. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
5. Intellectual Property Rights
All intellectual property rights in the Game, including but not limited to trademarks, copyrights, trade secrets, patents, and other proprietary rights, are owned by MagicCraft or its licensors. The Game and its content, including but not limited to text, graphics, logos, icons, images, audio, video, gameplay, software, and any other materials, are protected by national and international intellectual property laws and treaties.
By accessing or using the Game, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Game and its content solely for your personal, non-commercial use, in compliance with these Terms. This license does not grant you any ownership rights in the Game or its content, nor does it grant you any rights to use MagicCraft's trademarks, logos, or other intellectual property without our prior written consent.
You agree not to:
a. Copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content, information, software, or services obtained from the Game, except as expressly permitted by these Terms or applicable law.
b. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, or algorithms of the Game or any software provided in connection with the Game, except as expressly permitted by applicable law.
c. Modify, adapt, or create derivative works based on the Game, its content, or any part thereof, without MagicCraft's prior written consent.
d. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in or along with the Game or its content.
Any unauthorized use, copying, or distribution of the Game or its content, or any exploitation of the Game or its content for any purpose not expressly permitted by these Terms, may result in the termination of your Account and other legal actions, including but not limited to claims for copyright infringement or other violations of intellectual property rights.
6. Game Rules and Code of Conduct
By accessing or using the Game, you agree to comply with the following rules and code of conduct. Any violation of these rules may result in the suspension or termination of your Account, at our sole discretion, without notice or compensation. We reserve the right to modify these rules at any time and enforce them at our discretion.
a. Cheating and Exploits:
You may not use any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software or hardware that modifies or interferes with the Game or its services, or gives you an unfair advantage over other players.
b. Inappropriate Content:
You may not post, transmit, or display any content or communication that is offensive, obscene, defamatory, libelous, harassing, discriminatory, violent, sexually explicit, hateful, or otherwise objectionable, as determined by MagicCraft in its sole discretion.
c. Harassment and Disruptive Behavior:
You may not harass, threaten, abuse, or engage in any disruptive, offensive, or disrespectful behavior towards other players or MagicCraft staff. This includes, but is not limited to, stalking, spamming, trolling, flaming, or impersonating other players, staff, or any other person or entity.
d. In-game Trading and Transactions:
You may not engage in any unauthorized trading, selling, or transferring of in-game currency, items, or services, or any other aspect of the Game, for real-world currency, goods, or services, or any other form of compensation. This includes, but is not limited to, account selling, item farming, and currency selling.
e. Account Sharing and Unauthorized Access:
You may not share your Account or login credentials with any other person, nor may you access or attempt to access another player's Account without their express permission.
f. Fraud and Deception:
You may not engage in any fraudulent, deceptive, or dishonest activities, including, but not limited to, providing false information, manipulating or exploiting game features, or attempting to defraud other players or MagicCraft.
g. Violations of Laws and Regulations:
You may not use the Game or its services in any manner that violates applicable laws, regulations, or these Terms.
By accessing or using the Game, you acknowledge that MagicCraft reserves the right, at its sole discretion, to monitor, investigate, and take appropriate action against any player who violates these rules or engages in any other disruptive or inappropriate behavior. This may include, but is not limited to, issuing warnings, suspending or terminating Accounts, or cooperating with law enforcement authorities in investigating any illegal activities.
7. Virtual Currency, Microtransactions, and Cryptocurrency Transactions
7.1 Virtual Currency and Virtual Items: MagicCraft may offer virtual currency ("Virtual Currency") and other virtual items or services ("Virtual Items") for purchase within the Game. Virtual Currency and Virtual Items may be used only within the Game and have no real-world value. They cannot be exchanged for real currency, goods, or services, and have no monetary value.
7.2 Cryptocurrency Transactions: MagicCraft also provides the option to engage in cryptocurrency transactions involving the use of the $MCRT token. $MCRT is a cryptocurrency that operates on a blockchain. $MCRT tokens can be earned through game activities, purchased, or sold on external cryptocurrency exchanges. They are intended to be used as a medium of exchange within the MagicCraft ecosystem.
7.3 License and Ownership: By purchasing Virtual Currency, Virtual Items, or engaging in cryptocurrency transactions with $MCRT tokens, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Virtual Currency, Virtual Items, or $MCRT tokens solely within the Game, subject to these Terms. MagicCraft retains all rights, title, and interest in and to the Virtual Currency, Virtual Items, and $MCRT tokens, and you have no property or ownership rights in them.
7.4 Restrictions and Modification: Virtual Currency, Virtual Items, and $MCRT tokens may be subject to certain restrictions, such as expiration dates, usage limits, or other conditions, as determined by MagicCraft in its sole discretion. MagicCraft reserves the right to modify, suspend, or discontinue the availability of Virtual Currency, Virtual Items, or $MCRT tokens, or adjust their pricing or exchange rates, at any time and without prior notice.
7.5 Compliance with Laws and Regulations: You represent and warrant that your acquisition, ownership, and use of Virtual Currency, Virtual Items, and $MCRT tokens comply with all applicable laws and regulations, including but not limited to financial regulations and securities laws. You are solely responsible for understanding and complying with the legal requirements in your jurisdiction.
7.6 Termination and Forfeiture: MagicCraft may, at its sole discretion, limit, suspend, or terminate your access to or use of Virtual Currency, Virtual Items, or $MCRT tokens if you violate these Terms, engage in any fraudulent or illegal activities, or for any other reason, without notice or compensation. If your Account is terminated, suspended, or otherwise restricted, you will forfeit any unused Virtual Currency, Virtual Items, or $MCRT tokens associated with your Account, and MagicCraft will have no liability to you for any such loss.
7.7 Financial Responsibility: You are responsible for all charges, fees, taxes, and other costs associated with purchasing Virtual Currency, Virtual Items, or $MCRT tokens, including any applicable third-party payment processing fees. You must provide accurate and complete billing information when making a purchase and promptly update your billing information if it changes. If a purchase cannot be completed due to insufficient funds, invalid payment information, or other reasons, you may be responsible for any resulting fees or penalties.
8. In-Game Purchases and Refund Policy
In addition to Virtual Currency and Virtual Items, MagicCraft may offer other in-game content or features for purchase, such as character skins, upgrades, or special access to certain game modes ("In-Game Purchases"). By making an In-Game Purchase, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the purchased content or features within the Game, subject to these Terms.
All In-Game Purchases are final and non-refundable, except as required by applicable law or as stated in this Refund Policy. If you believe you are entitled to a refund, you must contact MagicCraft's customer support within 14 days of the purchase date, providing a detailed explanation of the reason for the refund request and any relevant supporting documentation. Refund requests will be evaluated on a case-by-case basis, and MagicCraft reserves the right, at its sole discretion, to grant or deny any refund request.
In certain cases, such as when an In-Game Purchase is not properly delivered or is defective, MagicCraft may, at its sole discretion, provide a replacement, credit, or refund, as appropriate. If you experience any issues with an In-Game Purchase, you should contact MagicCraft's customer support for assistance.
If you reside in the European Union, you have the right to withdraw from an In-Game Purchase within 14 days of the purchase date, without giving any reason, provided that you have not started using or accessing the purchased content or features. To exercise this right, you must contact MagicCraft's customer support and clearly inform us of your decision to withdraw from the purchase. If you withdraw from an In-Game Purchase within the 14-day withdrawal period and have not started using or accessing the purchased content or features, MagicCraft will refund the full purchase price to you within 14 days of receiving your withdrawal notice.
You acknowledge and agree that MagicCraft is not responsible for any unauthorized In-Game Purchases made by a third party, such as through a stolen credit card or compromised Account. You should promptly notify MagicCraft's customer support if you suspect any unauthorized purchases, and we will investigate the issue and take appropriate action. However, MagicCraft is under no obligation to provide a refund for unauthorized purchases, except as required by applicable law.
9. User-Generated Content and Licensing
MagicCraft may allow users to create, upload, share, or otherwise submit content to the Game, such as text, images, videos, or other materials ("User-Generated Content" or "UGC"). You are solely responsible for your UGC and for any consequences arising from its submission, use, or sharing within the Game.
By submitting UGC to the Game, you represent and warrant that:
a. You own or have the necessary rights, licenses, consents, and permissions to use and authorize MagicCraft to use your UGC in the manner contemplated by the Game and these Terms.
b. Your UGC does not infringe or violate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy rights, or any other intellectual property or proprietary rights.
c. Your UGC complies with these Terms, including the Game Rules and Code of Conduct, and does not contain any content that is offensive, obscene, defamatory, libelous, harassing, discriminatory, violent, sexually explicit, hateful, or otherwise objectionable, as determined by MagicCraft in its sole discretion.
By submitting UGC to the Game, you grant MagicCraft and its affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, modify, and otherwise exploit your UGC in connection with the Game and MagicCraft's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Game (and derivative works thereof) in any media formats and through any media channels. You also waive any moral rights you may have in your UGC, to the extent permitted by applicable law.
You acknowledge and agree that MagicCraft reserves the right, at its sole discretion, to review, remove, or modify any UGC that violates these Terms, is offensive or inappropriate, or for any other reason, without notice or liability to you. MagicCraft is under no obligation to use, display, or share your UGC or to provide any compensation, credit, or attribution to you for your UGC.
10. Third-Party Services and Links
The Game may include links to third-party websites, applications, or services, or integrate with third-party platforms or technologies, such as social media networks or payment processors ("Third-Party Services"). These Third-Party Services are not under MagicCraft's control, and we are not responsible for their content, functionality, privacy practices, or any other aspects.
Your access to and use of any Third-Party Services is at your own risk and subject to the terms and conditions, privacy policies, and other policies of such Third-Party Services. By accessing or using any Third-Party Services, you acknowledge and agree that MagicCraft has no liability for any loss or damage arising from your use of or reliance on any Third-Party Services, or any content, products, or services available through such Third-Party Services.
If you choose to link your MagicCraft Account with any Third-Party Services, you are responsible for ensuring the security of your login credentials for those services and for any activities or actions taken through your linked accounts. MagicCraft is not responsible for any unauthorized access to your Account or any loss or damage resulting from your use of Third-Party Services or your linked accounts.
We encourage you to carefully review the terms and conditions, privacy policies, and other policies of any Third-Party Services you access or use, and to exercise caution when sharing your personal information or engaging in any transactions with third parties.
11. Termination and Suspension of Accounts
MagicCraft reserves the right, at its sole discretion, to terminate, suspend, or restrict your Account and your access to the Game or any part thereof, without notice or liability, for any reason, including but not limited to:
a. Violation of these Terms, the Game Rules and Code of Conduct, or any applicable laws or regulations.
b. Suspected fraud, deception, or other dishonest activities.
c. Inactivity or non-use of your Account for an extended period, as determined by MagicCraft.
d. Technical or security issues, such as unauthorized access or use of your Account, or any suspected breach of security.
e. Any other conduct or activity that MagicCraft deems harmful, disruptive, or inappropriate, in its sole discretion.
If your Account is terminated, suspended, or restricted, you may lose access to any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features associated with your Account, and MagicCraft will have no liability to you for any such loss. Any licenses granted to you under these Terms will automatically terminate upon the termination, suspension, or restriction of your Account, and you must immediately cease all use of the Game and its content.
You may terminate your Account at any time by contacting MagicCraft's customer support and requesting that your Account be deleted. Upon termination of your Account, you will lose access to any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features associated with your Account, and MagicCraft will have no liability to you for any such loss.
The provisions of these Terms that by their nature should survive the termination, suspension, or restriction of your Account, including but not limited to the Intellectual Property Rights, User-Generated Content and Licensing, Limitation of Liability, Indemnification, and Dispute Resolution sections, will continue to be in effect after the termination, suspension, or restriction of your Account.
12. Disclaimers and Limitation of Liability
a. Disclaimers:
THE GAME AND ALL RELATED CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MAGICCRAFT DOES NOT WARRANT THAT THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. YOUR USE OF THE GAME AND ALL RELATED CONTENT, FEATURES, AND SERVICES IS AT YOUR SOLE RISK.
b. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGICCRAFT, ITS AFFILIATES, LICENSORS, PARTNERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGICCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGICCRAFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES EXCEED THE GREATER OF: (1) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (USD 100).
The limitations of liability set forth in this section shall apply even if a remedy set forth herein fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that MagicCraft may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of MagicCraft's liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless MagicCraft, its affiliates, licensors, partners, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:
a. Your access to or use of, or inability to access or use, the Game or any related content, features, or services;
b. Your violation of these Terms, the Game Rules and Code of Conduct, or any applicable laws or regulations;
c. Your submission, use, or sharing of any User-Generated Content, including any claims that your User-Generated Content infringes or violates any third-party rights;
d. Your use of any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features obtained through the Game;
e. Your interactions with any other users or third parties in connection with the Game, including any disputes, transactions, or communications; or
f. Any unauthorized access to or use of your Account, or any loss or damage resulting from such unauthorized access or use.
MagicCraft reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with MagicCraft in asserting any available defenses. You shall not settle any indemnifiable claim without MagicCraft's prior written consent. This indemnification obligation shall survive the termination, suspension, or restriction of your Account and your access to or use of the Game.
14. Governing Law and Dispute Resolution
a. Governing Law:
These Terms and any dispute arising out of or in connection with your access to or use of the Game or any related content, features, or services shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
b. Dispute Resolution:
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, your access to or use of the Game, or any related content, features, or services, the parties shall first attempt to resolve the matter amicably through direct communication and negotiation.
If the parties are unable to resolve the dispute through direct communication within thirty (30) days of the dispute being raised, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The arbitration proceedings may be conducted virtually, and the language of the arbitration shall be English.
c. Injunctive Relief:
Notwithstanding the foregoing, you acknowledge and agree that a breach or threatened breach of any provision of these Terms may cause MagicCraft irreparable harm for which monetary damages would not be an adequate remedy, and that MagicCraft may, in addition to any other remedies available at law or in equity, seek injunctive relief, specific performance, or other equitable relief to enforce these Terms or prevent any violation or threatened violation of your obligations under these Terms, without the necessity of proving actual damages or posting a bond or other security.
15. Modifications to Terms and Conditions
MagicCraft reserves the right, at its sole discretion, to modify, update, or amend these Terms at any time without prior notice to you. Any changes to these Terms will be posted on the Game's website, within the Game itself, or through other appropriate communication channels. It is your responsibility to regularly review these Terms to stay informed of any changes.
By continuing to access or use the Game or any related content, features, or services after any modifications or amendments to these Terms have been posted, you agree to be bound by the revised Terms. If you do not agree with any changes to these Terms, you must immediately stop using the Game and related services, and close your Account.
If any material changes are made to these Terms, MagicCraft will make reasonable efforts to notify you through the Game, by email, or by other means. However, it is still your responsibility to review these Terms periodically to ensure you are aware of any changes. Your continued use of the Game following any changes will constitute your acceptance of the revised Terms.
16. Severability and Waiver
a. Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid, illegal, or unenforceable provision, and to substitute a valid, legal, and enforceable provision that is as similar as possible to the original provision in terms of its intent, purpose, and economic effect.
b. Waiver:
No failure or delay by MagicCraft in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power, or remedy. Any waiver of any provision of these Terms must be in writing and signed by MagicCraft to be effective.
17. Assignment
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of MagicCraft. Any attempted assignment or transfer in violation of this provision shall be null and void. MagicCraft may assign, transfer, or delegate any of its rights or obligations under these Terms without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
18. Contact Information
If you have any questions, concerns, or comments about these Terms, or if you need to contact MagicCraft for any reason relating to these Terms, please email us at legal@magiccraft.io. We will make every effort to respond to your inquiry as quickly as possible.
MagicCraft LTD.
Last Updated: 10th January 2023
The MagicCraft Staking Program (the "Program") is open to all individuals and entities who hold $MCRT tokens. To be eligible to participate in the Program, you must be at least 18 years old, have full legal capacity and not be prohibited by any laws or regulations from holding or staking $MCRT tokens. You must also comply with all applicable laws and regulations in your jurisdiction. By participating in the Program, you confirm that you meet these eligibility requirements and accept these Terms and Conditions.
Please note that the program may be subject to change without notice and could be restricted in certain countries based on regulatory requirements. MagicCraft retains the right to require users to disclose their complete details as part of its know-your-customer (KYC) obligations.
2. Minimum Staking Amount
The minimum amount of $MCRT tokens required to participate in the Program is [Insert Amount] $MCRT. Any amounts staked below this minimum will not be eligible for the staking rewards. The minimum staking amount may be subject to change at the sole discretion of MagicCraft.
3. Staking Duration and Renewal
Users of the MagicCraft Staking Program (the "Program") will be able to select a staking term of their choosing when they participate in the program. The staking term options will be provided on the MagicCraft website and may be subject to change at the discretion of MagicCraft.
Once you have selected your staking term and locked your tokens, the staking period will begin on the date that you stake your $MCRT tokens. At the end of the chosen staking term, your staked tokens will be automatically released back to your connected wallet, and you will be eligible to receive the corresponding staking rewards.
It's important to note that the user will be able to select a staking term of their choosing, but they must be aware that if they choose to renew their staking term, they will have to redeposit their tokens. Also, the company reserves the right to change the staking term options offered in the Program but will provide advance notice of any such changes to the users.
4. Return on Staked Tokens
The return on staked tokens will be determined by MagicCraft and may vary based on a number of factors, including the total amount of $MCRT tokens staked in the Program, the total supply of $MCRT tokens, and market conditions. MagicCraft will provide an estimated annual return on staked tokens, but please note that the actual return may be higher or lower than the estimate. MagicCraft does not guarantee any specific return on staked tokens and the return is subject to change at any time.
5. Changes to the Staking Program
MagicCraft reserves the right to make changes to the terms and conditions of the Program, the minimum staking amount, the staking duration, the return on staked tokens, and any other aspect of the Program, at any time and at its sole discretion. Any such changes will be effective immediately upon notice, which may be provided by posting the updated terms and conditions on the MagicCraft website. Your continued participation in the Program following any changes to the terms and conditions of this Agreement will constitute your acceptance of such changes.
6. Risk Disclaimer
By participating in the Program, you acknowledge that there are risks associated with staking your $MCRT tokens, including but not limited to the risk of loss of your staked tokens, the risk of a decrease in the value of $MCRT tokens, and the risk of regulatory changes that may adversely affect the Program. You further acknowledge that MagicCraft is not responsible for any loss or damage arising from your participation in the Program, including but not limited to any loss of staked tokens or loss of value of your staked tokens.
7. Dispute Resolution
In the event of any dispute arising out of or related to the Program or the use of $MCRT tokens, the parties agree to use reasonable efforts to resolve the dispute through good faith negotiation and discussion. If the dispute cannot be resolved within a reasonable period of time, either party may submit the dispute to mediation. Mediation shall be held in accordance with the British Virgin Islands International Arbitration Centre (BVI IAC) Mediation Rules and shall be held in the British Virgin Islands. The governing law of this clause shall be the laws of the British Virgin Islands. Any suit, action or other legal proceeding arising out of, or related to, these Terms and Conditions or the Program must be brought in the courts of the British Virgin Islands.
8. Miscellaneous Provisions
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and MagicCraft with respect to the Program and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MagicCraft.
Waiver and Severability: The failure of MagicCraft to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
Assignment: You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of MagicCraft, and any unauthorized assignment and transfer by you is null and void. MagicCraft may assign or transfer its rights or obligations under these Terms and Conditions without your prior written consent.
Language: The parties confirm that it is their wish that these Terms and Conditions and all related documents be drawn up in English.
1. Introduction and Acceptance of Terms
Welcome to MagicCraft, an online multiplayer game developed and operated by MagicCraft Inc. ("MagicCraft", "we", "us", or "our"). By installing, accessing, or using the MagicCraft game, including any related websites, applications, services, or content (collectively, the "Game"), you, the user ("you" or "User"), agree to be bound by these Terms and Conditions ("Terms").
Please read these Terms carefully before accessing or using the Game. By accessing, playing, or using any part of the Game, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Game.
We reserve the right, in our sole discretion, to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or within the Game. Your continued use of the Game after any such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Game.
These Terms also incorporate our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also acknowledge and consent to the practices described in our Privacy Policy.
If you are accessing or using the Game on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, the terms "you" and "User" will also refer to that entity.
2. User Eligibility and Age Requirements
MagicCraft is intended for use by individuals who meet the minimum age requirements as defined by the laws of their respective jurisdictions. By accessing or using the Game, you represent and warrant that you meet the age requirements specified below:
a. Users Outside the European Union (EU):
You must be at least 13 years old or older to access and use the Game. If you are under the age of 13, you must obtain the consent of a parent or legal guardian to access and use the Game.
b. Users within the European Union (EU):
You must be at least 16 years old or older to access and use the Game. If you are under the age of 16, you must obtain the consent of a parent or legal guardian to access and use the Game.
If you do not meet the age requirements, you are not allowed to access or use the Game. We reserve the right to verify your age and request proof of age at any time. If we determine that you do not meet the age requirements or have provided false information, we reserve the right to terminate your account and restrict your access to the Game without notice.
By accessing or using the Game, you also represent and warrant that you are not prohibited or restricted from doing so by any applicable laws, regulations, or agreements. You agree to comply with all applicable laws and regulations when accessing and using the Game, including any relevant export control laws and regulations.
3. Account Registration and Security
To access certain features of the Game, you may be required to create an account ("Account"). When creating an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process. You are responsible for maintaining the confidentiality of your Account information, including your username and password, and for all activities that occur under your Account.
You agree to:
a. Notify MagicCraft immediately of any unauthorized use of your Account or any other breach of security.
b. Ensure that you log out of your Account at the end of each session, especially when using a shared or public device.
c. Not use another user's Account without their express permission.
MagicCraft is not liable for any loss or damage arising from your failure to comply with these Account security requirements. You may be held liable for any losses incurred by MagicCraft or other users due to unauthorized use of your Account.
We reserve the right, at our sole discretion, to suspend or terminate your Account, remove or limit your access to the Game, and take any other appropriate actions if we suspect any fraudulent, abusive, or otherwise illegal activity associated with your Account, or if you have violated these Terms.
By creating an Account, you also consent to receive electronic communications from MagicCraft (e.g., via email or in-game notifications) regarding your Account, updates to the Game, promotional offers, and other information. You may opt-out of receiving non-essential communications by updating your Account preferences or following the unsubscribe instructions provided in the communications.
4. User Data and Privacy
Your privacy is important to us. MagicCraft is committed to protecting your personal information and respecting your privacy. Our collection, use, storage, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Game, you acknowledge and consent to the practices described in our Privacy Policy.
When you create an Account or use the Game, we may collect certain information, including but not limited to:
a. Personal information such as your name, email address, and date of birth.
b. Device information such as device type, operating system, and unique device identifiers.
c. Usage information, including game progress, preferences, interactions with other users, and in-game transactions.
d. Location data, which may be derived from your device's IP address or other sources.
We use this information to provide, maintain, and improve the Game, personalize your experience, communicate with you, and for other purposes as described in our Privacy Policy. We may also use this information to enforce these Terms, prevent fraud, and protect the security and integrity of the Game.
You are responsible for maintaining the accuracy of your personal information in your Account. You can access, update, or delete certain personal information through your Account settings or by contacting us as specified in our Privacy Policy.
We may share your personal information with third parties as described in our Privacy Policy, including with our affiliates, service providers, or when required by law. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
5. Intellectual Property Rights
All intellectual property rights in the Game, including but not limited to trademarks, copyrights, trade secrets, patents, and other proprietary rights, are owned by MagicCraft or its licensors. The Game and its content, including but not limited to text, graphics, logos, icons, images, audio, video, gameplay, software, and any other materials, are protected by national and international intellectual property laws and treaties.
By accessing or using the Game, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Game and its content solely for your personal, non-commercial use, in compliance with these Terms. This license does not grant you any ownership rights in the Game or its content, nor does it grant you any rights to use MagicCraft's trademarks, logos, or other intellectual property without our prior written consent.
You agree not to:
a. Copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content, information, software, or services obtained from the Game, except as expressly permitted by these Terms or applicable law.
b. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, or algorithms of the Game or any software provided in connection with the Game, except as expressly permitted by applicable law.
c. Modify, adapt, or create derivative works based on the Game, its content, or any part thereof, without MagicCraft's prior written consent.
d. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in or along with the Game or its content.
Any unauthorized use, copying, or distribution of the Game or its content, or any exploitation of the Game or its content for any purpose not expressly permitted by these Terms, may result in the termination of your Account and other legal actions, including but not limited to claims for copyright infringement or other violations of intellectual property rights.
6. Game Rules and Code of Conduct
By accessing or using the Game, you agree to comply with the following rules and code of conduct. Any violation of these rules may result in the suspension or termination of your Account, at our sole discretion, without notice or compensation. We reserve the right to modify these rules at any time and enforce them at our discretion.
a. Cheating and Exploits:
You may not use any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software or hardware that modifies or interferes with the Game or its services, or gives you an unfair advantage over other players.
b. Inappropriate Content:
You may not post, transmit, or display any content or communication that is offensive, obscene, defamatory, libelous, harassing, discriminatory, violent, sexually explicit, hateful, or otherwise objectionable, as determined by MagicCraft in its sole discretion.
c. Harassment and Disruptive Behavior:
You may not harass, threaten, abuse, or engage in any disruptive, offensive, or disrespectful behavior towards other players or MagicCraft staff. This includes, but is not limited to, stalking, spamming, trolling, flaming, or impersonating other players, staff, or any other person or entity.
d. In-game Trading and Transactions:
You may not engage in any unauthorized trading, selling, or transferring of in-game currency, items, or services, or any other aspect of the Game, for real-world currency, goods, or services, or any other form of compensation. This includes, but is not limited to, account selling, item farming, and currency selling.
e. Account Sharing and Unauthorized Access:
You may not share your Account or login credentials with any other person, nor may you access or attempt to access another player's Account without their express permission.
f. Fraud and Deception:
You may not engage in any fraudulent, deceptive, or dishonest activities, including, but not limited to, providing false information, manipulating or exploiting game features, or attempting to defraud other players or MagicCraft.
g. Violations of Laws and Regulations:
You may not use the Game or its services in any manner that violates applicable laws, regulations, or these Terms.
By accessing or using the Game, you acknowledge that MagicCraft reserves the right, at its sole discretion, to monitor, investigate, and take appropriate action against any player who violates these rules or engages in any other disruptive or inappropriate behavior. This may include, but is not limited to, issuing warnings, suspending or terminating Accounts, or cooperating with law enforcement authorities in investigating any illegal activities.
7. Virtual Currency, Microtransactions, and Cryptocurrency Transactions
7.1 Virtual Currency and Virtual Items: MagicCraft may offer virtual currency ("Virtual Currency") and other virtual items or services ("Virtual Items") for purchase within the Game. Virtual Currency and Virtual Items may be used only within the Game and have no real-world value. They cannot be exchanged for real currency, goods, or services, and have no monetary value.
7.2 Cryptocurrency Transactions: MagicCraft also provides the option to engage in cryptocurrency transactions involving the use of the $MCRT token. $MCRT is a cryptocurrency that operates on a blockchain. $MCRT tokens can be earned through game activities, purchased, or sold on external cryptocurrency exchanges. They are intended to be used as a medium of exchange within the MagicCraft ecosystem.
7.3 License and Ownership: By purchasing Virtual Currency, Virtual Items, or engaging in cryptocurrency transactions with $MCRT tokens, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Virtual Currency, Virtual Items, or $MCRT tokens solely within the Game, subject to these Terms. MagicCraft retains all rights, title, and interest in and to the Virtual Currency, Virtual Items, and $MCRT tokens, and you have no property or ownership rights in them.
7.4 Restrictions and Modification: Virtual Currency, Virtual Items, and $MCRT tokens may be subject to certain restrictions, such as expiration dates, usage limits, or other conditions, as determined by MagicCraft in its sole discretion. MagicCraft reserves the right to modify, suspend, or discontinue the availability of Virtual Currency, Virtual Items, or $MCRT tokens, or adjust their pricing or exchange rates, at any time and without prior notice.
7.5 Compliance with Laws and Regulations: You represent and warrant that your acquisition, ownership, and use of Virtual Currency, Virtual Items, and $MCRT tokens comply with all applicable laws and regulations, including but not limited to financial regulations and securities laws. You are solely responsible for understanding and complying with the legal requirements in your jurisdiction.
7.6 Termination and Forfeiture: MagicCraft may, at its sole discretion, limit, suspend, or terminate your access to or use of Virtual Currency, Virtual Items, or $MCRT tokens if you violate these Terms, engage in any fraudulent or illegal activities, or for any other reason, without notice or compensation. If your Account is terminated, suspended, or otherwise restricted, you will forfeit any unused Virtual Currency, Virtual Items, or $MCRT tokens associated with your Account, and MagicCraft will have no liability to you for any such loss.
7.7 Financial Responsibility: You are responsible for all charges, fees, taxes, and other costs associated with purchasing Virtual Currency, Virtual Items, or $MCRT tokens, including any applicable third-party payment processing fees. You must provide accurate and complete billing information when making a purchase and promptly update your billing information if it changes. If a purchase cannot be completed due to insufficient funds, invalid payment information, or other reasons, you may be responsible for any resulting fees or penalties.
8. In-Game Purchases and Refund Policy
In addition to Virtual Currency and Virtual Items, MagicCraft may offer other in-game content or features for purchase, such as character skins, upgrades, or special access to certain game modes ("In-Game Purchases"). By making an In-Game Purchase, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the purchased content or features within the Game, subject to these Terms.
All In-Game Purchases are final and non-refundable, except as required by applicable law or as stated in this Refund Policy. If you believe you are entitled to a refund, you must contact MagicCraft's customer support within 14 days of the purchase date, providing a detailed explanation of the reason for the refund request and any relevant supporting documentation. Refund requests will be evaluated on a case-by-case basis, and MagicCraft reserves the right, at its sole discretion, to grant or deny any refund request.
In certain cases, such as when an In-Game Purchase is not properly delivered or is defective, MagicCraft may, at its sole discretion, provide a replacement, credit, or refund, as appropriate. If you experience any issues with an In-Game Purchase, you should contact MagicCraft's customer support for assistance.
If you reside in the European Union, you have the right to withdraw from an In-Game Purchase within 14 days of the purchase date, without giving any reason, provided that you have not started using or accessing the purchased content or features. To exercise this right, you must contact MagicCraft's customer support and clearly inform us of your decision to withdraw from the purchase. If you withdraw from an In-Game Purchase within the 14-day withdrawal period and have not started using or accessing the purchased content or features, MagicCraft will refund the full purchase price to you within 14 days of receiving your withdrawal notice.
You acknowledge and agree that MagicCraft is not responsible for any unauthorized In-Game Purchases made by a third party, such as through a stolen credit card or compromised Account. You should promptly notify MagicCraft's customer support if you suspect any unauthorized purchases, and we will investigate the issue and take appropriate action. However, MagicCraft is under no obligation to provide a refund for unauthorized purchases, except as required by applicable law.
9. User-Generated Content and Licensing
MagicCraft may allow users to create, upload, share, or otherwise submit content to the Game, such as text, images, videos, or other materials ("User-Generated Content" or "UGC"). You are solely responsible for your UGC and for any consequences arising from its submission, use, or sharing within the Game.
By submitting UGC to the Game, you represent and warrant that:
a. You own or have the necessary rights, licenses, consents, and permissions to use and authorize MagicCraft to use your UGC in the manner contemplated by the Game and these Terms.
b. Your UGC does not infringe or violate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy rights, or any other intellectual property or proprietary rights.
c. Your UGC complies with these Terms, including the Game Rules and Code of Conduct, and does not contain any content that is offensive, obscene, defamatory, libelous, harassing, discriminatory, violent, sexually explicit, hateful, or otherwise objectionable, as determined by MagicCraft in its sole discretion.
By submitting UGC to the Game, you grant MagicCraft and its affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, modify, and otherwise exploit your UGC in connection with the Game and MagicCraft's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Game (and derivative works thereof) in any media formats and through any media channels. You also waive any moral rights you may have in your UGC, to the extent permitted by applicable law.
You acknowledge and agree that MagicCraft reserves the right, at its sole discretion, to review, remove, or modify any UGC that violates these Terms, is offensive or inappropriate, or for any other reason, without notice or liability to you. MagicCraft is under no obligation to use, display, or share your UGC or to provide any compensation, credit, or attribution to you for your UGC.
10. Third-Party Services and Links
The Game may include links to third-party websites, applications, or services, or integrate with third-party platforms or technologies, such as social media networks or payment processors ("Third-Party Services"). These Third-Party Services are not under MagicCraft's control, and we are not responsible for their content, functionality, privacy practices, or any other aspects.
Your access to and use of any Third-Party Services is at your own risk and subject to the terms and conditions, privacy policies, and other policies of such Third-Party Services. By accessing or using any Third-Party Services, you acknowledge and agree that MagicCraft has no liability for any loss or damage arising from your use of or reliance on any Third-Party Services, or any content, products, or services available through such Third-Party Services.
If you choose to link your MagicCraft Account with any Third-Party Services, you are responsible for ensuring the security of your login credentials for those services and for any activities or actions taken through your linked accounts. MagicCraft is not responsible for any unauthorized access to your Account or any loss or damage resulting from your use of Third-Party Services or your linked accounts.
We encourage you to carefully review the terms and conditions, privacy policies, and other policies of any Third-Party Services you access or use, and to exercise caution when sharing your personal information or engaging in any transactions with third parties.
11. Termination and Suspension of Accounts
MagicCraft reserves the right, at its sole discretion, to terminate, suspend, or restrict your Account and your access to the Game or any part thereof, without notice or liability, for any reason, including but not limited to:
a. Violation of these Terms, the Game Rules and Code of Conduct, or any applicable laws or regulations.
b. Suspected fraud, deception, or other dishonest activities.
c. Inactivity or non-use of your Account for an extended period, as determined by MagicCraft.
d. Technical or security issues, such as unauthorized access or use of your Account, or any suspected breach of security.
e. Any other conduct or activity that MagicCraft deems harmful, disruptive, or inappropriate, in its sole discretion.
If your Account is terminated, suspended, or restricted, you may lose access to any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features associated with your Account, and MagicCraft will have no liability to you for any such loss. Any licenses granted to you under these Terms will automatically terminate upon the termination, suspension, or restriction of your Account, and you must immediately cease all use of the Game and its content.
You may terminate your Account at any time by contacting MagicCraft's customer support and requesting that your Account be deleted. Upon termination of your Account, you will lose access to any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features associated with your Account, and MagicCraft will have no liability to you for any such loss.
The provisions of these Terms that by their nature should survive the termination, suspension, or restriction of your Account, including but not limited to the Intellectual Property Rights, User-Generated Content and Licensing, Limitation of Liability, Indemnification, and Dispute Resolution sections, will continue to be in effect after the termination, suspension, or restriction of your Account.
12. Disclaimers and Limitation of Liability
a. Disclaimers:
THE GAME AND ALL RELATED CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MAGICCRAFT DOES NOT WARRANT THAT THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. YOUR USE OF THE GAME AND ALL RELATED CONTENT, FEATURES, AND SERVICES IS AT YOUR SOLE RISK.
b. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGICCRAFT, ITS AFFILIATES, LICENSORS, PARTNERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGICCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGICCRAFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES EXCEED THE GREATER OF: (1) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE GAME OR ANY RELATED CONTENT, FEATURES, OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (USD 100).
The limitations of liability set forth in this section shall apply even if a remedy set forth herein fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that MagicCraft may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of MagicCraft's liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless MagicCraft, its affiliates, licensors, partners, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:
a. Your access to or use of, or inability to access or use, the Game or any related content, features, or services;
b. Your violation of these Terms, the Game Rules and Code of Conduct, or any applicable laws or regulations;
c. Your submission, use, or sharing of any User-Generated Content, including any claims that your User-Generated Content infringes or violates any third-party rights;
d. Your use of any Virtual Currency, Virtual Items, In-Game Purchases, or other content or features obtained through the Game;
e. Your interactions with any other users or third parties in connection with the Game, including any disputes, transactions, or communications; or
f. Any unauthorized access to or use of your Account, or any loss or damage resulting from such unauthorized access or use.
MagicCraft reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with MagicCraft in asserting any available defenses. You shall not settle any indemnifiable claim without MagicCraft's prior written consent. This indemnification obligation shall survive the termination, suspension, or restriction of your Account and your access to or use of the Game.
14. Governing Law and Dispute Resolution
a. Governing Law:
These Terms and any dispute arising out of or in connection with your access to or use of the Game or any related content, features, or services shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
b. Dispute Resolution:
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, your access to or use of the Game, or any related content, features, or services, the parties shall first attempt to resolve the matter amicably through direct communication and negotiation.
If the parties are unable to resolve the dispute through direct communication within thirty (30) days of the dispute being raised, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The arbitration proceedings may be conducted virtually, and the language of the arbitration shall be English.
c. Injunctive Relief:
Notwithstanding the foregoing, you acknowledge and agree that a breach or threatened breach of any provision of these Terms may cause MagicCraft irreparable harm for which monetary damages would not be an adequate remedy, and that MagicCraft may, in addition to any other remedies available at law or in equity, seek injunctive relief, specific performance, or other equitable relief to enforce these Terms or prevent any violation or threatened violation of your obligations under these Terms, without the necessity of proving actual damages or posting a bond or other security.
15. Modifications to Terms and Conditions
MagicCraft reserves the right, at its sole discretion, to modify, update, or amend these Terms at any time without prior notice to you. Any changes to these Terms will be posted on the Game's website, within the Game itself, or through other appropriate communication channels. It is your responsibility to regularly review these Terms to stay informed of any changes.
By continuing to access or use the Game or any related content, features, or services after any modifications or amendments to these Terms have been posted, you agree to be bound by the revised Terms. If you do not agree with any changes to these Terms, you must immediately stop using the Game and related services, and close your Account.
If any material changes are made to these Terms, MagicCraft will make reasonable efforts to notify you through the Game, by email, or by other means. However, it is still your responsibility to review these Terms periodically to ensure you are aware of any changes. Your continued use of the Game following any changes will constitute your acceptance of the revised Terms.
16. Severability and Waiver
a. Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid, illegal, or unenforceable provision, and to substitute a valid, legal, and enforceable provision that is as similar as possible to the original provision in terms of its intent, purpose, and economic effect.
b. Waiver:
No failure or delay by MagicCraft in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power, or remedy. Any waiver of any provision of these Terms must be in writing and signed by MagicCraft to be effective.
17. Assignment
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of MagicCraft. Any attempted assignment or transfer in violation of this provision shall be null and void. MagicCraft may assign, transfer, or delegate any of its rights or obligations under these Terms without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
18. Contact Information
If you have any questions, concerns, or comments about these Terms, or if you need to contact MagicCraft for any reason relating to these Terms, please email us at legal@magiccraft.io. We will make every effort to respond to your inquiry as quickly as possible.
Staking Terms and Conditions
MagicCraft LTD.
Last Updated: 10th January 2023
- Eligibility for Staking
The MagicCraft Staking Program (the "Program") is open to all individuals and entities who hold $MCRT tokens. To be eligible to participate in the Program, you must be at least 18 years old, have full legal capacity and not be prohibited by any laws or regulations from holding or staking $MCRT tokens. You must also comply with all applicable laws and regulations in your jurisdiction. By participating in the Program, you confirm that you meet these eligibility requirements and accept these Terms and Conditions.
Please note that the program may be subject to change without notice and could be restricted in certain countries based on regulatory requirements. MagicCraft retains the right to require users to disclose their complete details as part of its know-your-customer (KYC) obligations.
2. Minimum Staking Amount
The minimum amount of $MCRT tokens required to participate in the Program is [Insert Amount] $MCRT. Any amounts staked below this minimum will not be eligible for the staking rewards. The minimum staking amount may be subject to change at the sole discretion of MagicCraft.
3. Staking Duration and Renewal
Users of the MagicCraft Staking Program (the "Program") will be able to select a staking term of their choosing when they participate in the program. The staking term options will be provided on the MagicCraft website and may be subject to change at the discretion of MagicCraft.
Once you have selected your staking term and locked your tokens, the staking period will begin on the date that you stake your $MCRT tokens. At the end of the chosen staking term, your staked tokens will be automatically released back to your connected wallet, and you will be eligible to receive the corresponding staking rewards.
It's important to note that the user will be able to select a staking term of their choosing, but they must be aware that if they choose to renew their staking term, they will have to redeposit their tokens. Also, the company reserves the right to change the staking term options offered in the Program but will provide advance notice of any such changes to the users.
4. Return on Staked Tokens
The return on staked tokens will be determined by MagicCraft and may vary based on a number of factors, including the total amount of $MCRT tokens staked in the Program, the total supply of $MCRT tokens, and market conditions. MagicCraft will provide an estimated annual return on staked tokens, but please note that the actual return may be higher or lower than the estimate. MagicCraft does not guarantee any specific return on staked tokens and the return is subject to change at any time.
5. Changes to the Staking Program
MagicCraft reserves the right to make changes to the terms and conditions of the Program, the minimum staking amount, the staking duration, the return on staked tokens, and any other aspect of the Program, at any time and at its sole discretion. Any such changes will be effective immediately upon notice, which may be provided by posting the updated terms and conditions on the MagicCraft website. Your continued participation in the Program following any changes to the terms and conditions of this Agreement will constitute your acceptance of such changes.
6. Risk Disclaimer
By participating in the Program, you acknowledge that there are risks associated with staking your $MCRT tokens, including but not limited to the risk of loss of your staked tokens, the risk of a decrease in the value of $MCRT tokens, and the risk of regulatory changes that may adversely affect the Program. You further acknowledge that MagicCraft is not responsible for any loss or damage arising from your participation in the Program, including but not limited to any loss of staked tokens or loss of value of your staked tokens.
7. Dispute Resolution
In the event of any dispute arising out of or related to the Program or the use of $MCRT tokens, the parties agree to use reasonable efforts to resolve the dispute through good faith negotiation and discussion. If the dispute cannot be resolved within a reasonable period of time, either party may submit the dispute to mediation. Mediation shall be held in accordance with the British Virgin Islands International Arbitration Centre (BVI IAC) Mediation Rules and shall be held in the British Virgin Islands. The governing law of this clause shall be the laws of the British Virgin Islands. Any suit, action or other legal proceeding arising out of, or related to, these Terms and Conditions or the Program must be brought in the courts of the British Virgin Islands.
8. Miscellaneous Provisions
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and MagicCraft with respect to the Program and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MagicCraft.
Waiver and Severability: The failure of MagicCraft to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
Assignment: You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of MagicCraft, and any unauthorized assignment and transfer by you is null and void. MagicCraft may assign or transfer its rights or obligations under these Terms and Conditions without your prior written consent.
Language: The parties confirm that it is their wish that these Terms and Conditions and all related documents be drawn up in English.