+
+
MNML- Website terms and conditions
+
+
+
+
Introduction
+
+
Welcome to MNML!
+
+
MNML is a turn-based 1v1 strategy game in an abstract setting where players outplay their
+opponents by building their team of 3 constructs from a shifting meta of
+skills, effects and specialisations.
+
+
MNML is provided by Minimal Studios
+Pty Ltd ACN 635 160 182 (Minimal Studios, we, us, our) and accessible to
+registered users via the URL [https://mnml.gg] (or any new or varied URL from
+time to time), operated by Minimal Studios. The public-facing Minimal Studios
+website and the MNML platform available to registered users is referred to
+throughout this document collectively as the “Website”. These terms and
+conditions and all policies posted on our Website set out the terms on which we
+offer you access to use of our Website, services, applications and tools
+(collectively the Services).
+
+
These terms and conditions are made up
+of three parts:
+
+
·
+Part A – which applies to all users of our Services,
+whether you are just browsing, or are a registered user capable of buying Virtual
+Goods;
+
+
·
+Part B – which applies to all registered users
+of the Services; and
+
+
·
+Part C – which applies to all registered users
+of the Services who buy Virtual Goods.
+
+
Separately, our Privacy Policy sets out how we
+handle your personal information, including personal information collected
+through this Website.
+
+
Part A - Basics
+
+
If you use these Services you are
+agreeing to comply with and be bound by the terms and conditions listed below
+and any other applicable laws or regulations which apply to these Services and
+your use of it. If you do not accept these terms and conditions, you are not
+permitted to use these Services.
+
+
You acknowledge that an internet connection is required to
+access the Services and that your internet services provider may apply data
+charges to your use of the Services.
+
+
We reserve the right to amend these terms and conditions
+from time to time.
+
+
Amendments will be effective
+immediately upon notification on this Website. If you do not agree to any
+change to the terms and conditions, you may stop using the Services. Your
+continued use of these Services following such notification will represent an
+agreement by you to be bound by the terms and conditions as amended.
+
+
Minimal Studios makes no
+representation that the Services (or any element of the Services) are
+appropriate or available for use in all locations. Further, you acknowledge
+that except as expressly set out in these terms and conditions, we do not
+warrant the accuracy, adequacy or completeness of the information on this
+Website, nor do we undertake to keep the Services updated.
+
+
Intellectual property rights
+statement
+
+
All intellectual property rights in the
+Services, including design, text, graphics, logos, icons, sound recordings,
+Virtual Money, Virtual Goods, and all software relating to the Services belong
+to or are licensed by us. These intellectual property rights are protected by
+Australian and international laws.
+
+
Subject to you accepting and complying with these terms
+and conditions, and paying applicable fees, we grant you a limited,
+non-exclusive, revocable and non-transferrable licence to access and use the Services
+in accordance with these terms and conditions for your own personal purposes
+only.
+
+
You may not in any form or by any
+means copy, adapt, reproduce (other than for the purpose of viewing the Website
+in your browser), store, modify, distribute, print, upload, display, perform,
+remove any credits, or create derivative works from any part of the Services or
+commercialise any information obtained from any part of the Services without
+our prior written permission or, in the case of third party material, from the
+owner of the intellectual property rights in that material.
+
+
You must not decompile, disassemble or reverse engineer
+all or any portion of our Services or merge all or any portion of our Services
+with any other software or website.
+
+
Supply of the Services
+
+
From time to time, we may add new features or
+functionalities to the Services for which we may require you to agree to
+certain additional terms and pay a fee to access (“Paid Features”). In
+order to use a Paid Feature, you must comply with these terms and conditions
+(and any relevant additional terms) and pay the applicable fees to us, which we
+will notify to you on request.
+
+
Linked Websites
+
+
This Website may contain links to
+other Websites. The links are provided for convenience only and may not remain
+current or be maintained. We are not responsible for the content or privacy
+practices associated with linked Websites.
+
+
Secure data
+
+
We take data security seriously, and
+use industry-standard measures to protect data on our Services (including your
+data on the Website) from cyber security threats. We regularly test for
+weaknesses in our code and reassess our cyber security posture. Unfortunately,
+despite these measures, no data transmission over the internet can be
+guaranteed as totally secure. We do not warrant and cannot absolutely promise the
+security of any information which you transmit to us. Accordingly, any
+information that you transmit while using the Services is transmitted at your
+own risk. If you become aware of any problems with the security of the data or
+the Services, please contact us immediately, providing whatever detail you are
+able.
+
+
Your conduct
+
+
You must ensure that your access to and
+use of the Services is not illegal or prohibited by laws which apply to you.
+
+
You must not use the Services to
+engage in unlawful or fraudulent behaviour, to defame or harass any third
+party, to circumvent any security measures, through act or omission to mislead
+or deceive others, or in any other manner that we consider to be unacceptable.
+
+
+
+
You acknowledge that you must take
+your own precautions to ensure that the process that you employ for accessing the
+Services does not expose you to the risk of viruses, malicious computer code,
+or other forms of interference which may damage your own computer system.
+
+
Limitation of liability
+
+
Subject to the clause immediately
+below, except as expressly set out in these terms and conditions or to the
+extent required by non-excludable law, we disclaim all
+warranties, representations and conditions, express or implied, in relation to
+the Services, and we are not liable for any loss or damage, however caused
+(including, but not limited to, by our negligence) suffered by you in
+connection with the Services, these terms and conditions, or your access to or use
+of the Services.
+
+
If the Competition and Consumer Act
+2010 (Cth) or any other legislation states that there is a guarantee in
+respect of goods or services supplied, and our liability for breach of that
+guarantee may not be excluded but may be limited, our liability for such breach
+is limited to, in the case of a supply of goods, replacing the goods or
+supplying equivalent goods or repairing the goods, or in the case of supply of
+Services, supplying the Services again or paying the cost of having the Services
+supplied again.
+
+
Indemnity
+
+
You agree to indemnify us for all
+damages, losses, penalties, fines, expenses and costs (including legal costs)
+which arise out of or relate to your use of the Services, your breach of these
+terms and conditions, any information that you provide to us via the Services
+or any damage that you may cause to the Services. This indemnification
+includes, without limitation, liability relating to copyright infringement,
+defamation, invasion of privacy, trade mark infringement and breaches of the Competition
+and Consumer Act 2010 (Cth).
+
+
Access
+
+
Access to the Services may be
+withdrawn at any time without notice. These terms and conditions will survive
+any such withdrawal.
+
+
Governing law and jurisdiction
+
+
If a dispute arises regarding the Services
+or these terms and conditions, the laws of New South Wales, Australia, will
+apply. In relation to any such dispute, you submit to the exclusive
+jurisdiction of the courts of New South Wales, Australia.
+
+
If you access the Services in a
+jurisdiction other than New South Wales, Australia, you are responsible and
+agree to comply with the laws of that jurisdiction, to the extent that they
+apply.
+
+
Additional legal
+terms
+
+
The rights and obligations of the
+parties under these terms and conditions do not merge on completion of any
+transaction contemplated by these terms and conditions. Termination of these
+terms and conditions will not affect any accrued rights or remedies of the
+parties (noting that rights to Virtual Goods will be extinguished in accordance
+with these terms and conditions).
+
+
You must not (nor purport to) assign,
+in whole or in part, or novate your rights and obligations under or in
+connection with these terms and conditions without our prior written consent.
+
+
We may subcontract our
+obligations under these terms and conditions, and assign or novate our rights
+or obligations under these terms and conditions.
+
+
A clause or part of a clause of these
+terms and conditions that is illegal or unenforceable may be severed from these
+terms and conditions and the remaining clauses or parts of the clause of these
+terms and conditions continue in force.
+
+
These terms and conditions supersede
+all previous agreements about their subject matter. These terms and conditions
+embody the entire agreement between the parties.
+
+
In these terms and conditions:
+
+
·
+the meaning of any general language is not
+restricted by any accompanying example, and the words ‘includes’, ‘including’,
+‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be
+included;
+
+
·
+no rule of construction applies in the
+interpretation of these terms and conditions to the disadvantage of the party
+preparing the terms and conditions on the basis that it put forward this document
+or any part of it; and
+
+
·
+a reference to a party is a reference to that
+party, and a reference to the parties is a reference to both parties.
+
+
Part B – Registered users
+
+
Membership
+
+
A key element of the
+Services will be the interactions between users. We encourage these rich
+interactions, but of course you are required to conduct yourself in a lawful
+and respectful manner.
+
+
To buy Virtual Goods, or to otherwise
+interact with other users while using the Services, you must become a member.
+To become a member, you must complete your registration details in the manner
+described on the Website. Membership is free but not transferable.
+
+
We reserve the right to terminate your
+membership if you breach these terms and do not remedy the breach within a
+reasonable time notified by us (this time will vary depending on the nature of
+the issue in any particular case). We also reserve the right to, at our
+discretion, restrict
+a member’s usage of the Services either temporarily or permanently, or refuse a
+person’s request to register for an account with us.
+
+
You must be 15 years of age or over to
+be a member of the Services. If you are under 15 years of age you must have
+your parent or guardian register on your behalf.
+
+
Member’s obligations
+
+
By registering as a member of our
+Services, you agree to abide by the terms set out below.
+
+
·
+You are responsible for protecting the
+confidentiality of your member details and password. You are responsible for
+all activity that occurs using your member profile, including any fees incurred.
+
+
·
+You are solely responsible for your interactions with other
+users. You agree that Minimal Studios is not responsible for the conduct of
+any user of the Services.
+
+
·
+You acknowledge that we cannot confirm the
+identity of other members or prevent them acting under false pretences.
+
+
·
+You will not post, transmit or communicate to
+any other user any material or information which is offensive, defamatory,
+obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening,
+abusive, harassing or ethnically objectionable (determined at our sole
+discretion).
+
+
·
+You agree not to impersonate any other person.
+
+
·
+We may, but are not obliged to, provide you with
+any update or upgrade to, any new version of the Services.
+
+
Our role
+
+
We are not responsible for any user-generated content made
+available to you through the Services (for example, user messages). We are
+entitled to monitor and moderate any user-generated content, however we are not
+required to do so at all, or at any particular frequency or in any particular
+manner.
+
+
If you download any material from the Website, you
+acknowledge that we are not liable to you for any loss or damage, however
+caused, arising from the downloading or subsequent use of the downloaded
+material. You may not adapt, reproduce, store, distribute, transmit, display,
+publish or create derivative works from any downloaded material. In addition,
+you may not commercialise any information, products or Services from the
+downloaded material.
+
+
You indemnify us and our related bodies corporate and our
+directors and employees against any claim by a third party arising out of a
+breach of these terms either by you or by any person using your password or member
+details, whether or not you have authorised that person to use your password or
+member details.
+
+
Part C – Buying Virtual Goods
+
+
The Services permit registered users to purchase virtual
+currency (Virtual Money) and to use that Virtual Money to buy goods and
+services expressly available for use in the Services, such as game avatars and
+other user account features from time to time (Virtual Goods). To be
+eligible to buy Virtual Money and Virtual Goods, you must first become a member
+of the Services as set out in Part B above.
+
+
You may access and purchase Virtual Money and Virtual
+Goods for your personal, non-commercial use of the Services. You acknowledge
+that you do not acquire any ownership rights in or to the Virtual Money or
+Virtual Goods. You may only acquire Virtual Money and Virtual Goods from us
+and through means provided by us.
+
+
Virtual Money may be redeemed only for Virtual Goods and
+can never be sold, transferred, or exchanged for ‘real’ money, ‘real’ goods, or
+‘real’ services from us or anyone else. Once you acquire a licence to Virtual
+Money or Virtual Goods, you may not transfer them to another individual or
+account.
+
+
During the term of your licence to the Virtual Money, you
+may redeem it for selected Virtual Goods. It is your responsibility to ensure you
+have sufficient Virtual Money to perform any transaction within the Services.
+Transactions made using Virtual Money are ultimately settled through payments
+of AUD amounts via registered Stripe accounts or any other method that we
+accept from time to time (for instance, we may in the future expand to accept
+payment in one or more crypto-currencies).
+
+
You will be provided with a register of Virtual Money
+balances and Virtual Goods for convenience, but we utilise third party payment
+processors with respect to the purchase of Virtual Money and we are not
+responsible for the operation or accuracy of the transactions. Any balance of
+Virtual Money or Virtual Goods does not reflect any stored value, has no monetary
+value, and does not constitute currency or property of any type.
+
+
All sales of Virtual Money and Virtual Goods are final and
+exchanges or refunds for unused Virtual Money or Virtual Goods are not
+permitted, subjected to any rights you may have under the Competition and Consumer Act 2010 (Cth).
+
+
Nature of rights in
+Virtual Goods
+
+
There is no inherent value in any Virtual Goods and the
+value in particular Virtual Goods may fluctuate in value from time to time by
+various factors including user demand and our algorithmic determination of goods
+values.
+
+
Your rights in any Virtual Goods are not ‘ownership’ and the
+Virtual Goods are licensed to you under these terms and conditions solely for
+the purposes of you using the Services. Your rights in any Virtual Goods are
+expressly subject to all of the terms that apply to use of the Services, and
+require you to remain a member of the Services.
+
+
Rights in Virtual Goods are not assignable from your
+account to any other account. If your membership is cancelled or suspended in
+accordance with these terms, or you cancel your use of the website for any
+reason, you may forfeit any Virtual Goods assigned to your account and we are
+not liable to you in any way (including without limitation for the payment of
+any amount in respect of the relevant Virtual Goods). You may also forfeit data
+or statistical information related to your account in the future, for example
+win or loss scores.
+
+
Tax
+
+
Transactions involving Virtual Goods may be subject to
+tax. You are responsible for all of the taxation consequences of your use of
+the Services.
+
+
GST
+
+
Any words capitalised in this clause have the meaning
+given to those words in the A New Tax System (Goods and Services Tax) Act
+1999 (Cth).
+
+
The consideration for a Supply made under or in connection
+with this agreement does not include GST.
+
+
+
+
(a)
+the Recipient must pay the GST Act Supplier an
+amount equal to the GST for the Supply, in addition to, and in the same manner
+as the consideration otherwise payable under this agreement for that Supply);
+and
+
+
(b)
+the GST Act Supplier must give the Recipient a
+Tax Invoice for the Supply.
+
+
+
+
+
+