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.