Terms & Conditions
1. About these terms
1.2. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and use our Services.
1.3. You can access these terms at any time at magicbean.tv/terms.aspx. We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services shall confirm your acceptance of the updated terms.
2. About accessing and using our Services
2.1. The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2. The charge for any individual item you can purchase directly via our apps. The charge is inclusive of all sales taxes and other charges. Depending on which payment gateway you use, additional charges may be issued by each payment gateway; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with the payment gateway vendor before create a purchase via our apps. We accept payment via Google Wallet only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible. We will endeavor to fulfill your order immediately at the point of purchase.
2.3. You are responsible for the internet connection and/or mobile charges that you may incur for using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you play.
2.4. We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time:
2.5. for technical reasons (such as technical difficulties experienced by us or on the internet);
2.6. to allow us to improve user experience, where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
2.6.1. because it no longer makes business sense for us to provide the relevant Game or part of our Services; or
2.6.2. because we have altered the services we provide.
2.7. There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.2. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
4. Virtual Goods and Virtual Money
4.1. Our Games may include virtual currencies such as coins, gems and stars ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). You can buy Virtual Money from us for real money if you are at least 13 years old. If you are over 13 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. However, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.5. Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 8 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5. User conduct and content
5.1. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2. You promise that all the information you provide to us on accessing and/or accessing our Services is and shall remain true, accurate and complete at all times.
5.3. Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4.You agree not to upload, communicate, transmit or otherwise make available any Content:
5.4.1. that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
5.4.2. that is or could reasonably be viewed as invasive of another's privacy;
5.4.3. that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
5.4.4. which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
5.4.5. which infringes any intellectual property right or other proprietary right of others;
5.4.6. which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
5.4.7. which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. You agree that you will not:
6.1. use our Services to harm anyone or to cause offence to or harass any person;
6.2. 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
6.3. sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
6.4. disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
6.5. disobey any requirements or regulations of any network connected to our Services;
6.6. use our Services in violation of any applicable law or regulation;
6.7. use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
6.8. use our Services in any other way not permitted by these terms.
6.9. create more than one account per platform to access our Services;
6.10. use another person or entity email address in order to sign up to use our Services;
6.11. use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
6.12. disguise, anonymise or hide your IP address or the source of any Content that you may upload;
6.13. use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
6.14. remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
6.15. interfere with or disrupt our Services or servers or networks that provide our Services;
6.16. attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
6.17. We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
6.18. We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no to do so.
6.19. You are solely responsible for your interactions with other users of our Services.
7. Playing our Games with other users
7.1. Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to (i) choose to play against another user or to play socially with another user whom MagicBean selects for you, or (ii) play against, or play socially with one of your contacts on a platform or social network which you have allowed our games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
7.2. Where MagicBean selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
7.3. By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address in order to search for you.
8. Your breach of these terms
8.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
8.2. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
9. Availability of the Services
9.1. We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time.
We may change and update our Services without notice to you.
We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
9.2. We do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards.
9.3. In relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill).
We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money).
9.4. We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
9.5. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period.
We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
10. Limitation of Liability
10.1. We shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Game or any of our other Services, including damages to property, computer failure, or malfunction and, to extent permitted by law, damages for personal injuries, even if we have been advised of the possibility of these damages.
In no event shall our liability exceed the actual price paid by you (if any) for the license to use Virtual Goods or Virtual Money or any other part of our Game or Services.
Some states do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of damages, so the above limitations and/or exclusions may not apply to you.
This warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
10.2. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
10.3. We are not responsible for:
10.3.1. losses or harm not caused by our breach of these terms or negligence;
10.3.2. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
10.3.3. any damage that may be caused to any device on which you access or use our Game or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Game or other Services;
10.3.4. any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
10.3.5. technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
10.4. For any losses or harm (other than those mentioned in paragraph 10.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
10.5. Subject to paragraph 10.6 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
10.6. Any additional legal rights which you may have as a consumer remain unaffected by these terms.
11. Intellectual property
11.1. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
11.2. Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Services (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
11.3. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
11.4. In particular, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
11.5. By submitting Content (as defined in paragraph 5.3) via our Services you:
11.5.1. are representing that you are fully entitled to do so;
11.5.2. grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
11.5.3. acknowledge that you may have what are known as â€œmoral rightsâ€ in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
11.5.4. agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to tamagicbean legal action (at our cost) on your behalf.
11.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
11.6.1. a description of the intellectual property rights and an explanation as to how they have been infringed;
11.6.2. a description of where the infringing material is located;
11.6.3. your address, phone number and email address;
11.6.4. a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
11.6.5. a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
12.1. We are registered with the data protection authority in Jakarta.
12.3. Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on that social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
14. Transferring these terms
14.1. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
15. Entire agreement
15.1. These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or play our Games via other platforms (for example, by downloading our Games to play via Google Play or the App Store, or by accessing our Games via any other third party website or service, including, without limitation, Facebook) then different terms and conditions apply in respect of those Games. You can find more information about our other terms and conditions at about.magicbean.tv/consumer-terms
16. Changes to these terms
16.1. You can find these terms at any time by visiting magicbean.tv/terms.aspx. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
17.1. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
18. Waivers of our rights
18.1. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
19. Complaints and dispute resolution
19.1. Most concerns can be solved quickly by contacting us at email@example.com In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Indonesia.
20. Questions about these terms
20.1. If you have any questions about these terms or our Games you may contact us by email at firstname.lastname@example.org
20.2. These terms were last updated on 1 February 2017.