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Terms of Service

Effective Date: March 25, 2023

General issues

The terms of this agreement («Terms of Use») govern the relationship between you and MixaBa Games («miGames» or «Us» or «We») regarding your use of miGames’s games, websites and related services (the «Service»), including all information, text, graphics, software, and services, available for your use. By using this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of miGames’s mobile games from app stores, you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use this website and/or download any of our games.

miGames is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of this website and miGames’s games.

miGames reserves the right to make changes to or update the content of the website and its games or the format thereof at any time and without any notice. miGames reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion. miGames’s mobile and social games include virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”). Please note that miGames does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ Terms of Use.

In addition to all third-party obligations, the following shall apply. In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the Games.

You agree that miGames reserves the right to manage, regulate, control, modify and/or eliminate, game elements (which may, among other things, make Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely) – for purposes of gameplay and multiplayer balancing. All Virtual Items remain our property.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with miGames must be resolved on an individual basis through final and binding arbitration as described in Section 7 (“Dispute Resolution”).

miGames reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant miGames policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the miGames. Privacy Policy, or any other miGames policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Technical data usage

You agree that miGames may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Games. miGames may use this information to improve its products or to provide Services to you, as long as it is in a form that does not personally identify you.

Information collected from User is subject to then-current policies of applicable social network or application store. By using the Services, you may be granting a social network or application store permission to share your e-mail address and any other personally identifiable information with miGames. We are committed to respect your privacy and the confidentiality of your personal information.

2. Refunds

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in miGames games is a service provided by miGames that commences immediately upon acceptance by miGames of your purchase.

Some online application stores provide the option to withdraw from any purchase made on such application store without giving any reason. Such refund policy may be published among the respective app store’s terms of use. If you applied to an application store and received a refund for purchases made within our Games, we reserve the right to:

1)withdraw from your User account the virtual currency, purchased for the refunded amount, or the items, such virtual currency was spent on, or the purchased and refunded items;

2)to suspend your User account/Game access/Game functionality in case such refunds happen regularly and/or for fraudulent purposes, and/or if virtual currency balance becomes negative.

We may inform you about such withdrawal of Virtual items.

3. Special refund regulation for Google Play

If the purchase isn’t what you expected, doesn’t work, or you don’t want it any more, you can request a refund on the Google Play website.

4. Special refund regulation for Apple AppStore

You can report to Apple a problem with any purchase that you’ve made using the link http://reportaproblem.apple.com/. If technical problems prevent or unreasonably delay delivery the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com/ for more information .

5. Rights to Content

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by miGames and/or received or made available while playing the Games or developed during the course of the Games. Content also includes all feedback, comments, or suggestions that miGames receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by miGames. miGames reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. miGames reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of miGames’s and/or any other third party’s intellectual property rights.

If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to miGames all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant miGames the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

6. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, miGames MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR miGames SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND miGames IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

miGames RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 90 DAYS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF miGames.

miGames owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in miGames games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any miGames game, whether earned in a game or purchased from miGames, or any other attributes associated with an Account or stored on the Service.

7. Dispute Resolution

You and miGames agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement.

Sections 7.1 to 7.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

7.1. Informal Dispute Resolution

You must try to informally resolve any dispute directly with miGames for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give miGames written notice of the dispute through topkossloman@gmail.com.

7.2. Arbitration

Agreement You and miGames agree to resolve any disputes exclusively in final and binding arbitration as follows:

Either you or miGames may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or miGames brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and miGames agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or miGames can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and miGames will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances. 

7.3. Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, miGames will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place either in San Francisco, California, USA or in the county or province where you reside.

7.4 Exceptions to Agreement to Arbitrate

You and miGames agree that the arbitration agreement in Section 8.2 will not apply to the following disputes:

  • Claims about miGames’s intellectual property, such as claims to enforce, protect, or concerning the validity of miGames’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
  • Claims related to piracy or tortious interference.
  • Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
  • Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

7.5 No Class Actions

You and miGames agree that we can only bring claims against each other on an individual basis.That means:

  • You cannot bring a claim against miGames as a plaintiff or class member in a class, collective, consolidated, or representative action.
  • The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
  • The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

If this section (Section 7.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 7, including Sections 7.1 to 7.6, shall be void.

7.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to opt out to topkossloman@gmail.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, miGames also will not be bound by them.

7.7 Alternative and Online Dispute Resolution

If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform  offered by the European Commission as an out-of-court alternative to resolve disputes.  You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

8. Applicable Law

If you are a resident of the United States or Canada:

The United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 7, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions. 

If you are a resident outside of the United States and Canada:

You are agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Czech without regard to conflict of law provisions.