Magic Notion

Magic Notion Games - Terms of Use

THE  FOLLOWING TERMS GOVERN THE USE OF ANY GAMES DEVELOPED BY MAGIC NOTION LTD. BY BUYING, DOWNLOADING, USING OR PLAYING OUR GAMES/SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE MAGIC NOTIONS GAMES. 

You certify that you are of the legal age in your jurisdiction and accept and agree to be bound by these Terms, or if you are under the legal age, that you have reviewed these Terms with your parent/guardian who agrees to be bound by them so that you both understand your rights and obligations.

Magic Notions Rights; All Intellectual Property rights and all similar or equivalent rights which subsist now or in the future, in any part of the world, in the Game belongs to Magic Notion. 

In agreeing to these terms, Magic Notion grants to you a limited, non-exclusive and non-transferable, non-sublicensable right and license to use one copy of the Game on the terms of this agreement. You have no Intellectual Property Rights in, or to, the Game or its code other than the right to use the Game in accordance with these Terms. You may install and use the Game for personal use only and receive and use any free supplementary software code or update of the code or update of the Game incorporating “patched” and corrections of errors as may be provided by us from time to time. 

Each Game is provided on an “as is” basis, and we make no representations and warranties with respect to it. Magic Notion reserves the right to stop supporting the Game or stop any service that supports or maintains the Game at any time, either permanently or temporarily. In such event, we shall not be required to provide any refund, benefit, compensation or alternative service to you in connection with the affected elements of the Game or supporting services. 

In-game content; Magic Notion games may offer certain upgrades, add-ons, features and other options or in-game content, within and via the games (hereafter “In-Game Content”). In-Game Content may include, for example, virtual currency, achievements, pins, character outfits or other enhancements for your character, or other items that may improve your in-game experience. These items are not redeemable or subject to refund and cannot be traded outside of the games for money or other items of value.

User Restrictions; Except as expressly set out in this agreement, or as permitted by local law, you undertake;

  1. Not to copy, rent, lease, sub-licence, loan, merge, adapt, vary, alter or modify all or part of the Game nor permit the Game or any part of it to be combined with or become incorporated in any other programs. 

  2. Not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or part of the Game

  3. Not to create, use, offer, advertise, make available and/or distribute any code, data, method or device;

    1. That influences gameplay and therefore gives you and/or other users an advantage over other players not using such means

    2. That accesses or modifies the Game in a manner not authorised by us; or

    3. That can be used in connection with the Game which changes the way the game is played and or imitates or copies data or functionality in the Game. 

  4. Not make improper use of our support services, 

  5. Not disrupt or overload, whether directly or indirectly servers used to support the Game not to launch or participate in any type of attack, or otherwise attempt to disrupt the use and operation of the Game including but not exclusively by denial of service attacks.

We use commercially reasonable endeavours to protect the Game and our Users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. 

Whilst using the Game you are not permitted to;

  1. Attempt to harass, abuse or harm, or incite such conduct

  2. Act in a way that would objectively be considered to be of an inappropriate nature including in manner that is disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially sexually or ethnically objectionable. 

  3. Violate any applicable law while using or accessing the Game

  4. Make available any material or information that infringes any copyright, trademark, patent, trade secret right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; 

  5. Invade the privacy or violate or infringe any right of any person or entity through the Game. 

Termination and Restriction of Use; Magic Notion may suspend, or otherwise restrict your licence to use the Game or certain features and functionalities of the Game if you use the Game or part of it in breach of any relevant laws, terms or guidelines. Upon termination all rights granted to you under this Agreement will cease and you must immediately delete or remove the Game from all devices and destroy or return all copies of the Game in your possession. 

User Communication; whilst we encourage discourse about our Games we are not responsible for communications made by you, and do not endorse the opinions, advise and or/recommendations made by you in these communications. Such communications are the sole responsibility of the user in question.

Promotional Codes and Keys; On occasion, Magic Notion may decide to distribute promotional codes or “keys” to individuals. These items are not redeemable or subject to refund and cannot be traded outside of the games for money or other items of value.

User content; Subject to these Terms of Use, we permit you to create and share gameplay-based content, including monetised streams and videos, provided such content is created through normal gameplay and does not involve cheating, hacking, asset extraction or misuse of intellectual property. For clarity, we retain all ownership rights in and to the games and any intellectual property made available through them, and nothing in these Terms transfers ownership of our intellectual property to you. If you use content covered by intellectual property rights that we have made available through the games (for example, images, designs, videos or sounds) we retain all rights to that content. If you share, post, stream or upload content on or in connection with the games (“user content”) we do not claim ownership rights over such content unless otherwise agreed but by sharing, you grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, host, store, reproduce, modify, adapt, publish, display perform and share such User Content for the purposes of operating, promoting, supporting and improving the games and our services. 

You are solely responsible for the user content you make available through the games and you represent and warrant that 

  1. You are either the sole or exclusive rights owner of all user content that you provide, or you have obtained all rights, licences, permissions, consents and releases that are necessary

  2. The provision of your User Content, and our subsequent use of such User Content will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy or result in the violation of any applicable laws or regulations;

We reserve the right to remove, restrict access to, or take other action in relation to any User Content that violates these Terms or infringes our intellectual property or the rights of others. The rights and licences granted under this section survive termination of your use of the games.

Feedback; If you make User Content, provide feedback, suggestions or comments regarding the game you grant Magic Notion a non-exclusive, royalty free, irrevocable, perpetual licence to use such Feedback for any purpose in our discretion without any obligation to you. If such right may not be licensed under applicable law you hereby waive and agree not to assert all such rights. 

Updates; From time to time we may provide updates and other modifications to the Game that must be installed for you to be able to continue to play the Game properly or at all. You hereby grant us the right to deploy and apply such updates and modifications. 

Operating System Requirements; Some features of the Game may require an internet connection, which you are responsible for providing at your expense. You are responsible for all costs and fees charged by your internet service provider related to the use of the Game. The relevant system requirements for each of our Magic Notion games can be found on the games Steam page, (link). You are responsible for ensuring compatibility before purchase. 

Terms of Purchase; if you place an order, download or purchase the games through a third party site, their terms of purchase and terms of use shall apply. To the extent permitted by law, any refunds or credits for purchases of a game or in-game content are subject to the policies of the relevant game platforms. 

Game Rating; Games are rated by an independent body and ratings may vary by jurisdiction. Parents should consult the age rating of each Game before permitting their minor children to play. We cannot guarantee that the ratings will always be accurate nor can we promise that you will not find some material harmful, offensive, incident or objectionable. 

Although the Game may be accessible worldwide, we do not warrant that the Game may be lawfully used in your location, or that the content is not prohibited by applicable local laws. Users who choose to access the Game do so at their own risk and are responsible for compliance with any applicable local laws. 

Data Protection - Any data collected during your use of the game is processed in accordance with Magic Notions Privacy Policy , except where we explicitly state that a separate policy may apply. By accessing or using the Game, you consent to the collection, use and storage of your information in accordance with this policy. 

Changes to this Agreement; We reserve the right to change, modify, add or remove portions of this Agreement and/or our linked policies, at any time by posting the updated terms on our website or by providing you with digital access to the amended Agreement through the Game or other means. Any changes will be automatically effective.

General Terms; This Agreement shall be governed by the laws of England and Wales. It does not give any rights under the Contracts (Rights of Third Parties) Act to enforce any terms. Each clause operates separately, if any provision is found unenforceable or invalid that part shall be deemed deleted and the remaining provisions will remain in full effect. 

If you do not agree with any of the terms above, you may terminate the Agreement by deleting and stopping use of the Game immediately. 

If you wish to contact us about any of the above, or your believe that there has been a breach of the above by a third party please contact us for the attention of Magic Notion Business and Legal Affairs at info@magicnotion.com.