| Language: |
MAXIMUM FOOTBALL – TERMS OF USE
Last updated: September 2024
These Terms of Use, together with our Privacy Policy (https://maximument.com/privacy-policy) and all supplemental terms and other documents referenced in these terms as amended from time to time (together, the "Terms") govern your downloading and/or use of our Games (defined below), applications, Virtual Content, User Generated Content, websites and any other services made available by us from time to time (together, the "Services").
Please read these terms carefully as they form a legally binding contract between you and Maximum Entertainment and govern your use of our Services. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, you may not access, purchase or use our Services. Whilst you should read these Terms in full, please pay particular attention to:
• Licence. When you use and/or purchase one of our Services, you receive a licence to use that Service. You do not own any of the Services provided to you.
• Community Guidelines. You agree that you will follow the Community Guidelines in section 8 relating to your conduct while using our Services, including any UGC you create and/or share with other users of our Services.
• How to contact us for support or to report complaints, faults or abuse. If you would like to report any breach of our Community Guidelines, please see section 8. If you would like to report any breach of your intellectual property rights, please see section 9.
• Disputes. If you reside within the United States or Canada, please read section 18 which includes a binding arbitration clause and a class action waiver at section 18.8. This will govern any disputes between Maximum Entertainment and you.
1 ABOUT US
1.1 We are Maximum Entertainment, a group of companies owned by Maximum Entertainment AB, providing our Services through wholly-owned subsidiaries, namely Maximum Entertainment LLC, registered in California, USA under company number 202135810234, and whose principal offices are at 1485 Treat Boulevard, Suite 200, Walnut Creek, California CA 94597, USA; Maximum Entertainment Ireland Limited, registered in Ireland and whose principal offices are at Floor 3, Block 3, Miesian Plaza, Dublin 2, D02 Y754, Ireland; Maximum Entertainment UK Limited, registered in England and Wales and whose principal offices are at Willow Mere House, 7 Compass Point Business Park, Stocks Bridge Way, St. Ives, PE27 5JL, UK; and Maximum Entertainment France SAS, registered in France and whose principal offices are at 9-11 Avenue Michelet, 93400 St Ouen sur Seine, France. In these Terms, we will refer to ourselves as "we", "us", "our" or "Maximum Entertainment".
1.2 When we refer to our "Games", we are referring to Maximum Football and to any other games developed or made available by us and made available to you from time to time.
1.3 We do not guarantee the ongoing supply of any of our Services or that our Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time.
1.4 You can contact us at support@maximument.com.
2 ABOUT YOU
2.1 By using our Services, you agree that you (i) are at least 18 years of age, or (ii) if you are younger than 18, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for and/or using our Services, we will Stop their Account (as defined below) provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.
2.2 Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.
2.3 If you access our Services through a third-party platform or site, you may be required to comply with their terms and conditions in addition to these Terms, please read these carefully.
2.4 For Parents/Guardians. Please familiarise yourself with any parental controls available on the devices and platforms on which our Games our offered. These controls may be used to limit the amount of time and money spent on the Game and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.
3 YOUR ACCOUNT
3.1 You may be required to make an account with us and/or with a third-party platform (e.g. Steam) or site operator to access our Services ("Account").
3.2 When you create your Account, you must choose and maintain your login details (including your username and password). Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date.
3.3 You must ensure that:
• You do not share your Account details with anyone.
• You do not sell, transfer or otherwise provide access to your Account to anyone.
• You keep your Account details secret.
3.4 You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). Maximum Entertainment accepts no responsibility for any losses or harm you suffer as a result of unauthorised use of your Account or any third-party account that you use to access our Services. We reserve the right to change your Account name if we find that your Account or any third-party account you use to access our Services uses abusive, offensive, or defamatory screen names and/or personas.
3.5 References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending or banning an Account (including a third-party account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.
3.6 We may Stop your Account if:
• You have breached these Terms (including the Community Guidelines).
• We reasonably believe it is necessary in order to prevent or stop any harm or damage to us, to any of our Services, to other users of our Services, to the general public, or to you.
• We no longer provide the Services for which you have an Account (we will give you reasonable notice before this happens).
3.7 You can delete your Account (including all Virtual Content and other associated content) at any time by submitting a request to Maximum Entertainment by contacting us at support@maximument.com or where available, by using the in-Game tools. Deletion of your Account is permanent and no refunds will be provided for purchased Virtual Content.
3.8 Please contact us immediately at support@maximument.com if you believe that someone has stolen your Account or you believe someone other than you has gained access to your Account.
4 LICENCE
4.1 All intellectual property and other rights in the Services are solely owned by Maximum Entertainment, and you have no ownership, title, or other ownership rights in and to the Services, regardless of whether you acquired and/or purchased any of our Services.
4.2 By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use. If we Stop your Account, your licence to use our Services will end.
5 VIRTUAL CONTENT
5.1 When playing our Games, you may have the opportunity to purchase or acquire additional in-game content, such as in-game cosmetics, virtual items and virtual currencies which can be used to purchase additional content ("Virtual Content").
5.2 When you receive Virtual Content, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access the relevant Virtual Content. You do not have any right of ownership over any Virtual Content you obtain.
5.3 Virtual Content has no "real world" monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Content to any other person or exchange it for real-world cash, goods or services, or anything else outside the Services. You are strictly prohibited from using Virtual Content as a stake in a bet or wager with anyone else.
5.4 We have the right to remove, alter or re-price Virtual Content at any time for any reason to the extent permitted by law.
5.5 All purchases of Virtual Content are final and non-refundable except as otherwise required by applicable law.
6 USER GENERATED CONTENT (UGC)
6.1 Some of our Services may allow you to create, upload or otherwise share digital content or communications to other users via the Services which can include images, videos and voice and text chat ("User Generated Content" or "UGC").
6.2 You own your UGC and you agree to grant Maximum Entertainment a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute any UGC that you upload to any of our Services. You also agree to waive your 'moral rights' over your UGC to the extent permitted by law.
6.3 You are solely responsible for your UGC and agree that:
• You are the exclusive copyright and intellectual property rights holder in relation to any UGC you submit.
• Your UGC does not breach these Terms.
• Your UGC in no way breaches the rights of any other person or entity, including specifically that your UGC does not copy or infringe any copyright, trademark or other intellectual property right held by any third party whatsoever.
• If your UGC breaches or is alleged to breach a third party’s rights, it may be removed at any time, and you will have no rights of recourse for such removal, other than removal in bad faith. If you repeatedly or persistently post UGC which breaches or appears to breach a third party’s rights, we may block access to the relevant Game or Stop your Account.
6.4 By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy.
6.5 Please notify us at support@maximument.com if you think someone has posted UGC which breaches these Terms, particularly the Community Guidelines (below). We will review the report and, subject to applicable laws, remove the UGC that is in breach of these Terms and take action against the user which breached these Terms (such as Stopping the reported user's Account). We may also take such actions, at our reasonable discretion, against anyone who knowingly submits a false report to us.
6.6 We reserve the right to remove any UGC from our Services. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
7 YOUR RIGHTS AND RESPONSIBILITIES
7.1 You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party.
7.2 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. You should stop using our Services if any laws applicable to you restrict or prohibit you from using our Services.
7.3 Your device may need to meet certain hardware, software and network requirements to play our Games. Our Games may also only be accessible on certain platforms (such as Steam). We cannot guarantee that our Games will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that our Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Games.
7.4 When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.
8 COMMUNITY GUIDELINES
8.1 When using our Services, you may be able to interact with other users of the Services. We want to ensure that our Games are a safe, enjoyable and inclusive environment so we have published our Community Guidelines that all users must comply with. Our Community Guidelines are designed to ensure that our users act with kindness and respect and that they don't use our Services for any illegal purposes. By agreeing to these Terms, you are also agreeing to comply with the Community Guidelines. Any breach of the Community Guidelines will be treated as a breach of these Terms and may result in your Account being Stopped.
9 INTELLECTUAL PROPERTY INFRINGEMENT
9.1 If you suspect that someone has uploaded UGC or has used our Services in a way which infringes your intellectual property, please see our Intellectual Property Infringement Policy which follows these Terms of Use.
10 SUSPENSION AND TERMINATION
10.1 We may suspend, restrict or terminate your access to our Services or any part of our Services and consequently suspend or terminate the licence granted to you under these Terms:
• If you breach these Terms.
• For reasons of a system failure, maintenance or repair or due to events beyond our reasonable control.
• We decide to withdraw the Services and/or any other part of the Services from the market for any reason at our sole discretion.
10.2 We will always do our best to give you reasonable notice before terminating or deleting your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may immediately terminate your licence to access our Services. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services.
11 CANCELLATION
11.1 We hope you enjoy our Services, however if you change your mind, the cancellation policy below will apply:
• All purchases of licences to use our Virtual Content, Games or any other digital content or Services that we provide ("Purchased Licences") are final and non-refundable except where required under applicable law.
• For residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, you agree that the Purchased Licence will be supplied and delivered to you immediately before the statutory withdrawal period ends and you lose the right to withdraw your Purchased Licence once the Purchased Licence has been downloaded, streamed and/or accessed, due to the nature of the Purchased Licenses.
12 CHANGES TO THESE TERMS
12.1 We may make changes to these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Services. The updated Terms will be posted on our website. We may also notify you when we make material changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time.
13 OUR LIABILITY TO YOU
13.1 We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement, security purpose or for any other reason. If so, we will try to ensure the suspension is as short as possible.
13.2 Our Services are provided on an "as is'' and "as available" basis. To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services. We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.
13.3 To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising. Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.
14 PLATFORMS
14.1 Our Services may be provided through a third-party platform, including game platforms (e.g. Steam) which will have their own terms and conditions which you will need to agree to before using that platform. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services.
14.2 Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a breach of these Terms by you and we may Stop your Account.
14.3 Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
15 PERSONAL DATA
15.1 We process information about your in accordance with our Privacy Policy (https://maximument.com/privacy-policy). By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.
16 FEEDBACK
16.1 If you provide us with any feedback, ideas, concepts or code relating to any of our Services ("Feedback"), you hereby grant us non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute your Feedback for any purposes, for all current and future methods and forms of exploitation. You also agree to waive your 'moral rights' over your Feedback to the extent permitted by law.
16.2 You agree that we are not required to use your Feedback nor credit you for any Feedback that we use.
17 GENERAL
17.1 These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
17.2 You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
17.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
17.4 You agree to comply with all local and international export laws and regulations that apply to the Services. You warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America; and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or United States of America.
17.5 Nothing in these Terms will create any relationship of partnership, agency or employment between us.
17.6 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
17.7 These Terms are governed by the laws of California. We both agree that the courts of Contra Costa County, California or in the United States District Court for the Northern District of California will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.
18 DISPUTES
18.1 This section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@maximument.com. If we cannot resolve your concern, you agree to be bound by the procedure set forth in this section to resolve any and all disputes between us.
18.2 You will be responsible for all your legal costs incurred in relation to any dispute between us and 50% of any arbitration costs, including fees payable to the arbitrator. This will apply notwithstanding the outcome of any Arbitration.
18.3 Claims Covered by Arbitration. All disputes, claims or controversies (except as specifically excluded in Section 18.8 below), arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you, or anyone using your Account or otherwise acting on your behalf, and us, or any of our current or former affiliates, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this “Disputes” section ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights.
18.4 Informal Negotiations. We agree to first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute by contacting our customer service team at support@maximument.com. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team.
18.5 Binding Arbitration. If a Dispute cannot be resolved informally, subject to the exceptions in sections 18.3 and 18.4, you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc ("JAMS") according to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms. You shall be responsible for 50% of all arbitration fees. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Maximum Entertainment may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
18.6 Limitations. We agree that each may bring claims against the other only in our or your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in Contra Costa County, California or in the United States District Court for the Northern District of California and in accordance with the laws of California.
18.7 Location. If an in-person hearing is required, the hearing under section 18.5 will take place in California, USA. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
18.8 For U.S. and Canadian Users only. This section 18.8 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@maximument.com. If we cannot resolve your concern, you and Maximum Entertainment agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. Please read this section carefully. It provides that we agree to resolve most disputes with you through binding individual arbitration instead of court trials and class actions.
• Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Maximum Entertainment agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.
• Exclusions from Arbitration. We each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
• Opt-Out Right. You have the right to opt out of binding arbitration and the class action waiver within 30 days. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 30 days of the date that you accept, or anyone acting on your behalf accepts, this agreement unless a longer period is required by applicable law (the “Opt-Out Deadline”). You may opt-out of the arbitration procedures outlined in this section by email to Legal@maximument.com. With the subject line “terms of use – opt-out notice.” Your written notice must include: (i) your player ID, (ii) your name, (iii) your address, (iv) the email address associated with your app store or Account, if you have one, and (v) a clear statement that you do not wish to resolve disputes with us through arbitration.
• In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
• Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to Legal@maximument.com, with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the player ID, full name and contact information of the complaining party; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team member(s). You and Maximum Entertainment agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this section.
• Arbitration Procedure. If a Dispute cannot be resolved informally, subject to the exceptions in section 18.8, you and Maximum Entertainment agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA"), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
• We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000, we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
• Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA's Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
• Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
• Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
• The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
• Class Action Waiver. In addition to the above, we each agree that any proceeding, whether in arbitration or in court, will be conducted with you only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below and in this paragraph. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.
• If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
• Jury Waiver. If for any reason a dispute proceeds in court rather than through arbitration, the parties agree to each waive any right to a jury trial.
19 CONTACTING US
19.1 If you require customer support or would like to report a complaint, fault or abusive behaviour in violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at support@maximument.com.
Maximum Entertainment - Intellectual Property Infringement Policy
Maximum Entertainment takes Intellectual Property seriously and expects all the users of its services and players of its games (Players) to do the same. If we believe that any Players have infringed any other party's Intellectual Property, we will take appropriate action, including the removal of that content from our Services and potentially Stopping the Player's Account (as those terms are defined in our Terms of Use above).
Intellectual Property Owners:
If you are the owner of any copyrighted material and you believe that it has been posted onto one of our Services, you can submit a Takedown Request. Before submitting a request, you should carefully consider if you have a valid complaint. Submitting a Takedown Request is a legal process, and you could face serious legal consequences for submitting a false complaint. You should also consider if the content you are making the complaint about falls within one of the legal exceptions under copyright law such as fair use or fair dealing.
Copyright Removal Request
If you believe that your copyrighted material has been used on our Services without authorisation, you can submit a takedown request to our Registered Agent. In order for your Takedown Request to be effective, you must provide us with the following information:
1. identification of the copyrighted work claimed to have been infringed (including copies of the copyrighted material or links to the work);
2. identification of the infringing material or activity on our Service (or links to that material) and any other information necessary for us to be able to locate the material;
3. your contact information including your name, company name (if applicable), address, telephone number and email address;
4. a statement that you have a good faith belief that use of the material in the manner complained has not been authorised by the copyright owner or its agent and does not fall within the legal exceptions set out in the law;
5. a statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner of the copyrighted material or have been authorised to act by the owner of the copyrighted material; and
6. your physical or electronic signature.
You can submit your Takedown Request by completing the Takedown Request Form available here: https://maximument.com/intellectual-property-infringement or by sending us an email to support@maximument.com.
If you do not provide us with all the information listed above, your Takedown Request will not be effective, and we will not take any action against the allegedly infringing material.
Any information that you provide to us in your Takedown Notice may be shared with the person that you allege has infringed your copyrighted material.
You may be liable for damages if you knowingly submit a false Takedown Request. We also reserve the right to take action against you in the event that you make false Takedown Requests including suspending your Account or preventing you from accessing our Services.
Trade Mark Infringement Request
If you believe that any content on our Services infringes one of your trade marks, we strongly recommend that your first action should be to try and resolve the issue with the Player who posted/used your trade mark directly. If you are unable to resolve the issue with the Player, you can submit a Trade Mark Infringement Complaint to us by sending an email to support@maximument.com.
In order for your Trade Mark Infringement Complaint to be valid, you must provide us with the following information:
1. your contact information including your name, company name (if applicable), address, telephone number and email address;
2. details of your trade mark including the trade mark registration number and the registering authority; and
3. identification of the infringing material or activity on our Service (or links to that material) and any other information necessary for us to be able to locate the material;
After we receive a Removal Request
Once we receive a Takedown Request or a Trade Mark Infringement Complaint, we will act quickly to take down any infringing content from our Services.
Once we have removed any infringing content, we will contact the Player that posted that infringing material and provide details of the actions we have taken.
If the Player believes that their material was removed as a result of a mistake or misidentification, they can submit a counter-notice requesting reinstatement of the material. The Player must include the following information in their counter-notice:
1. the Player’s name, address, and telephone number
2. a statement that the Player consents to the jurisdiction of California;
3. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. a statement under penalty of perjury that the Player has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. the Player's physical or electronic signature.
Following our receipt of a counter-notice, we will inform the copyright or trade mark owner that submitted the Takedown Request or Trade Mark Infringement Complaint.
If we do not receive notice from the copyright or trade mark owner that they have filed a court action against the Player within 14 days, we will reinstate the Player's content.
If a Player knowingly makes a false representation in a counter-claim that their material was taken down improperly, the Player may be liable for damages (including legal costs) to the rights holder.
Registered Agent
Legal Department
Maximum Entertainment LLC
1485 Treat Boulevard
Suite 200
Walnut Creek
California CA 94597
USA
Last updated: September 2024
These Terms of Use, together with our Privacy Policy (https://maximument.com/privacy-policy) and all supplemental terms and other documents referenced in these terms as amended from time to time (together, the "Terms") govern your downloading and/or use of our Games (defined below), applications, Virtual Content, User Generated Content, websites and any other services made available by us from time to time (together, the "Services").
Please read these terms carefully as they form a legally binding contract between you and Maximum Entertainment and govern your use of our Services. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, you may not access, purchase or use our Services. Whilst you should read these Terms in full, please pay particular attention to:
• Licence. When you use and/or purchase one of our Services, you receive a licence to use that Service. You do not own any of the Services provided to you.
• Community Guidelines. You agree that you will follow the Community Guidelines in section 8 relating to your conduct while using our Services, including any UGC you create and/or share with other users of our Services.
• How to contact us for support or to report complaints, faults or abuse. If you would like to report any breach of our Community Guidelines, please see section 8. If you would like to report any breach of your intellectual property rights, please see section 9.
• Disputes. If you reside within the United States or Canada, please read section 18 which includes a binding arbitration clause and a class action waiver at section 18.8. This will govern any disputes between Maximum Entertainment and you.
1 ABOUT US
1.1 We are Maximum Entertainment, a group of companies owned by Maximum Entertainment AB, providing our Services through wholly-owned subsidiaries, namely Maximum Entertainment LLC, registered in California, USA under company number 202135810234, and whose principal offices are at 1485 Treat Boulevard, Suite 200, Walnut Creek, California CA 94597, USA; Maximum Entertainment Ireland Limited, registered in Ireland and whose principal offices are at Floor 3, Block 3, Miesian Plaza, Dublin 2, D02 Y754, Ireland; Maximum Entertainment UK Limited, registered in England and Wales and whose principal offices are at Willow Mere House, 7 Compass Point Business Park, Stocks Bridge Way, St. Ives, PE27 5JL, UK; and Maximum Entertainment France SAS, registered in France and whose principal offices are at 9-11 Avenue Michelet, 93400 St Ouen sur Seine, France. In these Terms, we will refer to ourselves as "we", "us", "our" or "Maximum Entertainment".
1.2 When we refer to our "Games", we are referring to Maximum Football and to any other games developed or made available by us and made available to you from time to time.
1.3 We do not guarantee the ongoing supply of any of our Services or that our Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time.
1.4 You can contact us at support@maximument.com.
2 ABOUT YOU
2.1 By using our Services, you agree that you (i) are at least 18 years of age, or (ii) if you are younger than 18, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for and/or using our Services, we will Stop their Account (as defined below) provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.
2.2 Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.
2.3 If you access our Services through a third-party platform or site, you may be required to comply with their terms and conditions in addition to these Terms, please read these carefully.
2.4 For Parents/Guardians. Please familiarise yourself with any parental controls available on the devices and platforms on which our Games our offered. These controls may be used to limit the amount of time and money spent on the Game and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.
3 YOUR ACCOUNT
3.1 You may be required to make an account with us and/or with a third-party platform (e.g. Steam) or site operator to access our Services ("Account").
3.2 When you create your Account, you must choose and maintain your login details (including your username and password). Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date.
3.3 You must ensure that:
• You do not share your Account details with anyone.
• You do not sell, transfer or otherwise provide access to your Account to anyone.
• You keep your Account details secret.
3.4 You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). Maximum Entertainment accepts no responsibility for any losses or harm you suffer as a result of unauthorised use of your Account or any third-party account that you use to access our Services. We reserve the right to change your Account name if we find that your Account or any third-party account you use to access our Services uses abusive, offensive, or defamatory screen names and/or personas.
3.5 References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending or banning an Account (including a third-party account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.
3.6 We may Stop your Account if:
• You have breached these Terms (including the Community Guidelines).
• We reasonably believe it is necessary in order to prevent or stop any harm or damage to us, to any of our Services, to other users of our Services, to the general public, or to you.
• We no longer provide the Services for which you have an Account (we will give you reasonable notice before this happens).
3.7 You can delete your Account (including all Virtual Content and other associated content) at any time by submitting a request to Maximum Entertainment by contacting us at support@maximument.com or where available, by using the in-Game tools. Deletion of your Account is permanent and no refunds will be provided for purchased Virtual Content.
3.8 Please contact us immediately at support@maximument.com if you believe that someone has stolen your Account or you believe someone other than you has gained access to your Account.
4 LICENCE
4.1 All intellectual property and other rights in the Services are solely owned by Maximum Entertainment, and you have no ownership, title, or other ownership rights in and to the Services, regardless of whether you acquired and/or purchased any of our Services.
4.2 By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use. If we Stop your Account, your licence to use our Services will end.
5 VIRTUAL CONTENT
5.1 When playing our Games, you may have the opportunity to purchase or acquire additional in-game content, such as in-game cosmetics, virtual items and virtual currencies which can be used to purchase additional content ("Virtual Content").
5.2 When you receive Virtual Content, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access the relevant Virtual Content. You do not have any right of ownership over any Virtual Content you obtain.
5.3 Virtual Content has no "real world" monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Content to any other person or exchange it for real-world cash, goods or services, or anything else outside the Services. You are strictly prohibited from using Virtual Content as a stake in a bet or wager with anyone else.
5.4 We have the right to remove, alter or re-price Virtual Content at any time for any reason to the extent permitted by law.
5.5 All purchases of Virtual Content are final and non-refundable except as otherwise required by applicable law.
6 USER GENERATED CONTENT (UGC)
6.1 Some of our Services may allow you to create, upload or otherwise share digital content or communications to other users via the Services which can include images, videos and voice and text chat ("User Generated Content" or "UGC").
6.2 You own your UGC and you agree to grant Maximum Entertainment a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute any UGC that you upload to any of our Services. You also agree to waive your 'moral rights' over your UGC to the extent permitted by law.
6.3 You are solely responsible for your UGC and agree that:
• You are the exclusive copyright and intellectual property rights holder in relation to any UGC you submit.
• Your UGC does not breach these Terms.
• Your UGC in no way breaches the rights of any other person or entity, including specifically that your UGC does not copy or infringe any copyright, trademark or other intellectual property right held by any third party whatsoever.
• If your UGC breaches or is alleged to breach a third party’s rights, it may be removed at any time, and you will have no rights of recourse for such removal, other than removal in bad faith. If you repeatedly or persistently post UGC which breaches or appears to breach a third party’s rights, we may block access to the relevant Game or Stop your Account.
6.4 By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy.
6.5 Please notify us at support@maximument.com if you think someone has posted UGC which breaches these Terms, particularly the Community Guidelines (below). We will review the report and, subject to applicable laws, remove the UGC that is in breach of these Terms and take action against the user which breached these Terms (such as Stopping the reported user's Account). We may also take such actions, at our reasonable discretion, against anyone who knowingly submits a false report to us.
6.6 We reserve the right to remove any UGC from our Services. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
7 YOUR RIGHTS AND RESPONSIBILITIES
7.1 You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party.
7.2 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. You should stop using our Services if any laws applicable to you restrict or prohibit you from using our Services.
7.3 Your device may need to meet certain hardware, software and network requirements to play our Games. Our Games may also only be accessible on certain platforms (such as Steam). We cannot guarantee that our Games will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that our Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Games.
7.4 When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.
8 COMMUNITY GUIDELINES
8.1 When using our Services, you may be able to interact with other users of the Services. We want to ensure that our Games are a safe, enjoyable and inclusive environment so we have published our Community Guidelines that all users must comply with. Our Community Guidelines are designed to ensure that our users act with kindness and respect and that they don't use our Services for any illegal purposes. By agreeing to these Terms, you are also agreeing to comply with the Community Guidelines. Any breach of the Community Guidelines will be treated as a breach of these Terms and may result in your Account being Stopped.
9 INTELLECTUAL PROPERTY INFRINGEMENT
9.1 If you suspect that someone has uploaded UGC or has used our Services in a way which infringes your intellectual property, please see our Intellectual Property Infringement Policy which follows these Terms of Use.
10 SUSPENSION AND TERMINATION
10.1 We may suspend, restrict or terminate your access to our Services or any part of our Services and consequently suspend or terminate the licence granted to you under these Terms:
• If you breach these Terms.
• For reasons of a system failure, maintenance or repair or due to events beyond our reasonable control.
• We decide to withdraw the Services and/or any other part of the Services from the market for any reason at our sole discretion.
10.2 We will always do our best to give you reasonable notice before terminating or deleting your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may immediately terminate your licence to access our Services. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services.
11 CANCELLATION
11.1 We hope you enjoy our Services, however if you change your mind, the cancellation policy below will apply:
• All purchases of licences to use our Virtual Content, Games or any other digital content or Services that we provide ("Purchased Licences") are final and non-refundable except where required under applicable law.
• For residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, you agree that the Purchased Licence will be supplied and delivered to you immediately before the statutory withdrawal period ends and you lose the right to withdraw your Purchased Licence once the Purchased Licence has been downloaded, streamed and/or accessed, due to the nature of the Purchased Licenses.
12 CHANGES TO THESE TERMS
12.1 We may make changes to these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Services. The updated Terms will be posted on our website. We may also notify you when we make material changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time.
13 OUR LIABILITY TO YOU
13.1 We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement, security purpose or for any other reason. If so, we will try to ensure the suspension is as short as possible.
13.2 Our Services are provided on an "as is'' and "as available" basis. To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services. We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.
13.3 To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising. Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.
14 PLATFORMS
14.1 Our Services may be provided through a third-party platform, including game platforms (e.g. Steam) which will have their own terms and conditions which you will need to agree to before using that platform. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services.
14.2 Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a breach of these Terms by you and we may Stop your Account.
14.3 Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
15 PERSONAL DATA
15.1 We process information about your in accordance with our Privacy Policy (https://maximument.com/privacy-policy). By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.
16 FEEDBACK
16.1 If you provide us with any feedback, ideas, concepts or code relating to any of our Services ("Feedback"), you hereby grant us non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute your Feedback for any purposes, for all current and future methods and forms of exploitation. You also agree to waive your 'moral rights' over your Feedback to the extent permitted by law.
16.2 You agree that we are not required to use your Feedback nor credit you for any Feedback that we use.
17 GENERAL
17.1 These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
17.2 You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
17.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
17.4 You agree to comply with all local and international export laws and regulations that apply to the Services. You warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America; and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or United States of America.
17.5 Nothing in these Terms will create any relationship of partnership, agency or employment between us.
17.6 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
17.7 These Terms are governed by the laws of California. We both agree that the courts of Contra Costa County, California or in the United States District Court for the Northern District of California will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.
18 DISPUTES
18.1 This section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@maximument.com. If we cannot resolve your concern, you agree to be bound by the procedure set forth in this section to resolve any and all disputes between us.
18.2 You will be responsible for all your legal costs incurred in relation to any dispute between us and 50% of any arbitration costs, including fees payable to the arbitrator. This will apply notwithstanding the outcome of any Arbitration.
18.3 Claims Covered by Arbitration. All disputes, claims or controversies (except as specifically excluded in Section 18.8 below), arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you, or anyone using your Account or otherwise acting on your behalf, and us, or any of our current or former affiliates, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this “Disputes” section ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights.
18.4 Informal Negotiations. We agree to first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute by contacting our customer service team at support@maximument.com. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team.
18.5 Binding Arbitration. If a Dispute cannot be resolved informally, subject to the exceptions in sections 18.3 and 18.4, you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc ("JAMS") according to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms. You shall be responsible for 50% of all arbitration fees. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Maximum Entertainment may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
18.6 Limitations. We agree that each may bring claims against the other only in our or your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in Contra Costa County, California or in the United States District Court for the Northern District of California and in accordance with the laws of California.
18.7 Location. If an in-person hearing is required, the hearing under section 18.5 will take place in California, USA. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
18.8 For U.S. and Canadian Users only. This section 18.8 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@maximument.com. If we cannot resolve your concern, you and Maximum Entertainment agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. Please read this section carefully. It provides that we agree to resolve most disputes with you through binding individual arbitration instead of court trials and class actions.
• Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Maximum Entertainment agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.
• Exclusions from Arbitration. We each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
• Opt-Out Right. You have the right to opt out of binding arbitration and the class action waiver within 30 days. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 30 days of the date that you accept, or anyone acting on your behalf accepts, this agreement unless a longer period is required by applicable law (the “Opt-Out Deadline”). You may opt-out of the arbitration procedures outlined in this section by email to Legal@maximument.com. With the subject line “terms of use – opt-out notice.” Your written notice must include: (i) your player ID, (ii) your name, (iii) your address, (iv) the email address associated with your app store or Account, if you have one, and (v) a clear statement that you do not wish to resolve disputes with us through arbitration.
• In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
• Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to Legal@maximument.com, with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the player ID, full name and contact information of the complaining party; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team member(s). You and Maximum Entertainment agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this section.
• Arbitration Procedure. If a Dispute cannot be resolved informally, subject to the exceptions in section 18.8, you and Maximum Entertainment agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA"), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
• We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000, we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
• Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA's Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
• Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
• Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
• The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
• Class Action Waiver. In addition to the above, we each agree that any proceeding, whether in arbitration or in court, will be conducted with you only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below and in this paragraph. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.
• If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
• Jury Waiver. If for any reason a dispute proceeds in court rather than through arbitration, the parties agree to each waive any right to a jury trial.
19 CONTACTING US
19.1 If you require customer support or would like to report a complaint, fault or abusive behaviour in violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at support@maximument.com.
Maximum Entertainment - Intellectual Property Infringement Policy
Maximum Entertainment takes Intellectual Property seriously and expects all the users of its services and players of its games (Players) to do the same. If we believe that any Players have infringed any other party's Intellectual Property, we will take appropriate action, including the removal of that content from our Services and potentially Stopping the Player's Account (as those terms are defined in our Terms of Use above).
Intellectual Property Owners:
If you are the owner of any copyrighted material and you believe that it has been posted onto one of our Services, you can submit a Takedown Request. Before submitting a request, you should carefully consider if you have a valid complaint. Submitting a Takedown Request is a legal process, and you could face serious legal consequences for submitting a false complaint. You should also consider if the content you are making the complaint about falls within one of the legal exceptions under copyright law such as fair use or fair dealing.
Copyright Removal Request
If you believe that your copyrighted material has been used on our Services without authorisation, you can submit a takedown request to our Registered Agent. In order for your Takedown Request to be effective, you must provide us with the following information:
1. identification of the copyrighted work claimed to have been infringed (including copies of the copyrighted material or links to the work);
2. identification of the infringing material or activity on our Service (or links to that material) and any other information necessary for us to be able to locate the material;
3. your contact information including your name, company name (if applicable), address, telephone number and email address;
4. a statement that you have a good faith belief that use of the material in the manner complained has not been authorised by the copyright owner or its agent and does not fall within the legal exceptions set out in the law;
5. a statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner of the copyrighted material or have been authorised to act by the owner of the copyrighted material; and
6. your physical or electronic signature.
You can submit your Takedown Request by completing the Takedown Request Form available here: https://maximument.com/intellectual-property-infringement or by sending us an email to support@maximument.com.
If you do not provide us with all the information listed above, your Takedown Request will not be effective, and we will not take any action against the allegedly infringing material.
Any information that you provide to us in your Takedown Notice may be shared with the person that you allege has infringed your copyrighted material.
You may be liable for damages if you knowingly submit a false Takedown Request. We also reserve the right to take action against you in the event that you make false Takedown Requests including suspending your Account or preventing you from accessing our Services.
Trade Mark Infringement Request
If you believe that any content on our Services infringes one of your trade marks, we strongly recommend that your first action should be to try and resolve the issue with the Player who posted/used your trade mark directly. If you are unable to resolve the issue with the Player, you can submit a Trade Mark Infringement Complaint to us by sending an email to support@maximument.com.
In order for your Trade Mark Infringement Complaint to be valid, you must provide us with the following information:
1. your contact information including your name, company name (if applicable), address, telephone number and email address;
2. details of your trade mark including the trade mark registration number and the registering authority; and
3. identification of the infringing material or activity on our Service (or links to that material) and any other information necessary for us to be able to locate the material;
After we receive a Removal Request
Once we receive a Takedown Request or a Trade Mark Infringement Complaint, we will act quickly to take down any infringing content from our Services.
Once we have removed any infringing content, we will contact the Player that posted that infringing material and provide details of the actions we have taken.
If the Player believes that their material was removed as a result of a mistake or misidentification, they can submit a counter-notice requesting reinstatement of the material. The Player must include the following information in their counter-notice:
1. the Player’s name, address, and telephone number
2. a statement that the Player consents to the jurisdiction of California;
3. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. a statement under penalty of perjury that the Player has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. the Player's physical or electronic signature.
Following our receipt of a counter-notice, we will inform the copyright or trade mark owner that submitted the Takedown Request or Trade Mark Infringement Complaint.
If we do not receive notice from the copyright or trade mark owner that they have filed a court action against the Player within 14 days, we will reinstate the Player's content.
If a Player knowingly makes a false representation in a counter-claim that their material was taken down improperly, the Player may be liable for damages (including legal costs) to the rights holder.
Registered Agent
Legal Department
Maximum Entertainment LLC
1485 Treat Boulevard
Suite 200
Walnut Creek
California CA 94597
USA