Terms of Service
READ THESE TERMS OF SERVICE VERY CAREFULLY BEFORE USING OUR SERVICES.
PLEASE NOTE THAT YOUR AGREEMENT TO THESE TERMS OF SERVICE INCLUDES YOUR AGREEMENT TO ARBITRATION CLAUSE AND CLASS ACTION WAIVER, REQUIRING INDIVIDUAL, MANDATORY ARBITRATION OF ANY DISPUTE AND WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING.
PLEASE READ VERY CAREFULLY THE PROVISIONS IN THE SECTIONS TITLED “VIRTUAL ITEMS, PAYMENTS”, “APPLICABLE LAW, JURISDICTION AND VENUE NOT RELATED TO US LAWS”, “ARBITRATION OF DISPUTES RELATING TO US LAWS”, “ARBITRATION PROVISION AND COURT OR JURY TRIAL AND CLASS ACTION WAIVERS”, “CHOICE OF LAW”, “LIMITATION OF LIABILITY”, “CLASS ACTION WAIVER”, “STATUTE OF LIMITATIONS”, “REMEDY”, “LEGALITY REQUIREMENT” AND OTHERS BELOW. THEY REGULATE AND AFFECT SOME OF YOUR RIGHTS ABOUT HOW TO USE MURKA SERVICES AND RESOLVE ANY DISPUTE WITH MURKA.
PLEASE NOTE THAT YOU ARE ONLY ALLOWED TO USE MURKA SERVICES IF YOU HAVE REACHED THE AGE OF MAJORITY WHERE YOU LIVE.
THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR ANY PRIZES OF MONETARY VALUE.
PLEASE BE SURE THAT YOU CLEARLY UNDERSTAND THESE TERMS OF SERVICE.
YOUR USE OF OUR SERVICES CONSTITUTES AGREEMENT TO THESE TERMS OF SERVICE.
The Terms of Service (the "Terms") you are reading are a legal agreement between Murka Games Limited ("Murka") and you. In these Terms, “Murka” refers to Murka Games Limited and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Murka as “we” or “us”. By accessing and using our games, content, activities and services (the "Service") which are made available via our website or through social networking websites, or any mobile versions/applications thereof (the "Site", together – the “Services”), you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered member of Murka or any of our games.
By accessing and/or using the Services, including without limitation by voluntarily pressing (tapping/clicking) the corresponding in-game button (e.g. "Spin", "Play", "Collect", "Buy", "Accept", "Start", "Go", etc.), you affirmatively agree to abide by the Terms, including all rules, terms, conditions, restrictions, and notices therein. If you do not wish to be bound by the Terms, you may not access or use the Services.
Right to Modify
Murka reserves the right, at its sole discretion, to revise or modify these Terms at any time by posting the amended Terms on Murka’s websites or within the Services, and you agree to be bound by such revisions or modifications. New versions of the Terms and any other policies or rules will be accessible at www.murka.com or from within the Services. Users are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Services and to cancel any accounts you have created using the Services.
License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your personal, non-commercial entertainment purposes by accessing them through your web browser or other application provided by Murka or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations.
Any use of the Services in violation of these limitations will be considered a breach of these Terms, and may result in disciplinary or legal action against you or your account.
You agree that you will not:
(a) Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or any other "cheat utility" software program or applications which are designed to modify the Murka experience to the detriment of fair play;
(b) Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
(c) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
(d) Exploit the Services or any of its parts for any commercial purpose;
(e) Promote or encourage any illegal activity including, without limitation, hacking, cracking or the distribution of counterfeit software, or cheats or hacks for the Services;
(f) Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law;
(g) Sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Services to any third party.
Disclosure and Transfer of Personal Data
Code of Conduct
Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by Murka, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand, and abide by this Code of Conduct.
By accessing and using the Services, you agree that you will not:
(a) Publish, post, upload, transmit, distribute or disseminate Content (as defined below) that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
(b) Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
(c) Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuously posting repetitive text), are all prohibited;
(d) Promote, encourage, or otherwise advocate the use of illegal drugs;
(f) Use, upload, transmit, distribute or otherwise make available any Content (as defined below), including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
(g) Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages;
(h) Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Murka representative) for the purpose of misleading others (including attempting to obtain the password, the account, or other information from a user);
(i) Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages);
(j) Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties;
(k) Use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
(l) Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
(m) Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your account to anyone without Murka’s written permission.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services, and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
The Services may provide communication channels such as forums, communities, or chat areas (the "Communication Channels") designed to enable you to communicate with other Service users. Murka is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels, and to remove any materials, at any time without written notice for any reason, at its sole discretion. Murka may also terminate or suspend your access to any Communication Channels at any time, without written notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Murka, and these communications should not be considered reviewed or approved by Murka. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will Murka be liable for any activity within the Communication Channels. When you post your observations and comments on the Services such as in forums, communities, blogs or chat areas, Murka cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it. MURKA IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, COMMUNITIES, BLOGS OR CHAT AREAS. Murka may also, at its discretion, choose to monitor and/or record your interaction with the Services or your communications with Murka or other players (including without limitation chat text and voice communications) when you are using the Services.
Virtual Items, Payments
THE SERVICES DO NOT OFFER AN OPPORTUNITY TO WIN REAL MONEY, PRIZES OR ANYTHING OF VALUE. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
ALL PURCHASES AND PAYMENTS OF ALL KINDS IN THE SERVICES ARE STRICTLY VOLUNTARY AND NON-BINDING.
The Services may include an opportunity to collect through gameplay or to purchase (the “Virtual Items”): (a) virtual in-game “currency”, including but not limited to virtual “coins”, “points”, “credits”, “bonuses”, “chips”; (b) virtual in-game items, including but not limited to virtual “gems”, “chests”, “bracelets”, “spins”, “cards”; (c) certain in-game benefits, including but not limited to additional levels or extra content, – all for use in the Services. Virtual Items constitute a specific functionality of gameplay, without any material value, that can be used by you personally only within the Services. Virtual Items have no monetary or material value and cannot be used to purchase or use products or services other than within the applicable Service. Virtual Items cannot be refunded or exchanged for cash or any other tangible value. Virtual Items may not be purchased or sold outside of the Services from any individual or other company via cash, barter or any other transaction. Some number of free Virtual Items may be made available to you to collect when you log into the Service at certain time intervals. Virtual Items purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were collected by you as a result of gameplay.
Virtual Items are licensed to you by Murka and such license means limited, non-exclusive, non-transferable, non-assignable, revocable license (permit) to use such functionality (those Virtual Items) within the applicable Service, subject to the limitations and other terms set out by Murka, and does not transfer ownership of those Virtual Items to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Other than a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Murka expressly prohibits and does not recognize any sales, transfers, assignments, gifts, trades, or sublicenses of Virtual Items, whether for money, goods, or any other exchange for anything of value outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using Murka’s products and services, and even legal action.
Murka retains the right to manage, control, modify and/or discontinue Virtual Items without notice at its sole discretion, and Murka shall have no liability to you or anyone for the exercise of such rights. Prices, availability, % of discount/increase of Virtual Items are subject to change without notice. Murka may remove or cancel Virtual Items associated with your account upon its sole discretion.
There is never any requirement to make any purchase of any kind to use the Services. If you wish to purchase Virtual Items, you will be required to pay a fee using “real world” money to obtain Virtual Items. Virtual Items may only be purchased or acquired through means we provide on the applicable Site or otherwise expressly authorize.
Virtual Items purchased in Murka’s games on applications stores or platforms such as but not limited to Facebook, App Store, or Google Play will be subject to those platforms’ payment terms and conditions. Murka does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information.
When purchasing Virtual Items or other content as may be made available, you agree to pay the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the terms and prices in effect at the time the fee or charge becomes payable. You agree that you will pay for all Virtual Items you purchase through the Services, and that Murka may charge your payment method for any Virtual Items purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. When you play Murka’s games or access any of our other Services on our website infinityslots.com, we are using third-party payment processor for processing payments. For more details please visit: https://www.safecharge.com . Murka may change such third-party payment processor in its sole discretion at any time. If such third-party payment processor is modified, Murka will update this provision when applicable. Your total price will include the price of Virtual Items plus any applicable tax.
Your purchase of Virtual Items and/or other content is final and is not refundable, transferable or exchangeable, except in Murka’s sole discretion. You acknowledge that Murka is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through infinityslots.com or another platform such as Facebook, App Store, or Google Play or any other sites or platforms where we offer our Services. If your account is charged for items or services you did not purchase, charged with any incorrect amount that does not correspond to the number of purchased items and services, or you did not receive any of the ordered additional features, you may request a refund or correction in accordance to payment provider policy. Murka shall not be liable for any chargeback and refund claims in the event of an unlawful request, abuse of our Services, or infringement of Murka’s Terms.
ALL GAMES ARE INTENDED FOR AN ADULT AUDIENCE AND DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. PRACTICE OR SUCCESS AT SOCIAL GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING.
Promotions, Contests, Sweepstakes and Offers
From time to time, we may offer limited-time promotions, contests, sweepstakes (“Promotion”). Please review the official rules (if any) associated with any Promotion and any other terms and conditions that apply to such Promotion. They will apply in addition to these Terms.
Also, at our sole discretion, we may make promotional offers, including discounts, deals, events with different features and different pricing to any of our users. Such offers may be different for different platforms such as Facebook, Google Play, App Store, etc., and for different users. These offers, unless made to you, will not apply to your offer. Therefore, unless otherwise defined by us, offer shall apply only to the user to whom it is addressed and only within the platform (store, website) on which it is made. We are not required to give, and you are not required to accept, any offer. Availability, % of discount, duration period of such offers are subject to change without notice. Murka retains the right to manage, control, modify and/or discontinue promotional offers without notice at its sole discretion, and Murka shall have no liability to you or anyone for the exercise of such rights. Please read terms and conditions (if any) that apply to such offers as they will apply in addition to these Terms. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. If you accept any offer, you assume all liability associated with the offer.
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Murka or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and Virtual Items or in-game “currency” acquired and developed as a result of gameplay, are the sole and exclusive property of Murka and may be used by Murka (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload, or otherwise transmit on or through the Services, Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Murka all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Murka the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. Murka’s representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Murka and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that Murka may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.
Your right to access and use the Site, Service and Content will remain effective until terminated in accordance with the Terms. Murka reserves the right to revoke the license granted to you herein, and if we do, Murka may terminate your access to and use of the Site, Service and Content and may, at its sole discretion, maintain or delete your account and any items associated therewith. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Items, accumulating or creating Site items, creating submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Items, Site items or submissions, regardless of whether you are barred from access to them. Murka may suspend, terminate, modify, or delete your Service account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Murka, at its sole discretion, determines is appropriate. For example, your account may be deleted and terminated without warning if Murka believes, at its sole discretion, that you violate any provision of these Terms; if you have provided any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Murka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
Upon termination of the Services or a part thereof, your license to use the Services or a part thereof will be automatically terminated. In such event, Murka shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Intellectual Property Rights
Murka retains all rights in the Services materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, any correspondence with Murka, character profile information, personalized avatars, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks, copyrights and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Services and are owned or licensed by Murka.
You may only use the Service Materials and IPR in connection with your use of the Services for personal, non-commercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof.
All trademarks, names, logos, slogans (collectively, “Trademarks”) are the property of Murka or their respective owners. Unless you have agreed otherwise in writing with us or the respective third-party owner, nothing in these Terms gives you a right to use any of our Trademarks and any other distinctive brand features.
You acknowledge that any breach of this Section by you shall constitute a material breach of the Terms, with all consequences arising therefrom.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Services, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to Murka’s Designated Agent with the following information:
(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Murka’s Designated Agent for claims of copyright infringement can be reached as follows: email@example.com. You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Third Party Websites and Advertising
Sometimes we provide links in the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility. Murka makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Murka and may collect data or solicit personal information from you, or they may automatically collect information from you. When you use other companies' services like these, the other company's service may (or may not) ask you for permission to access your information and content. Murka is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by Murka of these linked sites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the websites linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
Applicable Law, Jurisdiction and Venue Not Related to US Laws
These Terms and the rights of the parties hereunder shall be governed by, and construed in, accordance with the laws of the British Virgin Islands, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms shall be governed by the British Virgin Islands Arbitration Act, 2013. You and Murka consent to the exclusive jurisdiction and venue of the state or federal courts located in the British Virgin Islands for all disputes arising out of or relating to these Terms.
Arbitration of Disputes Relating to US Laws
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration under the Rules of Arbitration of the American Arbitration Association for all such disputes relating to the laws of the Unites States of America or any State of the United States of America. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
Arbitration Provision and Court or Jury Trial and Class Action Waivers
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU DO NOT AGREE WITH ALL OF THE CONTENTS OF THIS SECTION, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR SERVICE. YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION AND ARE WAIVING ANY RIGHT TO A COURT OR JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT ANY AND ALL CLAIMS, CONTROVERSIES, AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SITE OR SERVICE, OR YOUR DEALINGS WITH MURKA, INCLUDING, BUT NOT LIMITED TO, ENFORCEABILITY OF THIS SECTION, SHALL BE FINALLY REFERRED TO, SETTLED, DETERMINED, AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
YOU AGREE THAT, TO THE EXTENT ANY CLAIMS EXIST, YOU MAY BRING SAID CLAIMS AGAINST MURKA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION AND/OR CLASS ACTIONS ARE NOT PERMITTED AND ARE EXPRESSLY WAIVED AND RELEASED.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION. IN THE EVENT OF A CONFLICT BETWEEN THE RULES AND PROCEDURE SET FORTH IN AAA’S RULES AND THIS AGREEMENT, THOSE SET FORTH IN THIS AGREEMENT WILL CONTROL TO THE EXTENT PERMITTED BY LAW.
THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF AAA OR AN ARBITRATOR THAT YOU AND MURKA AGREE UPON IN WRITING OR, AS IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT EXCEPT THAT SUCH AN ARBITRATOR SHALL BE SELECTED BY AAA. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU AND MURKA MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, APPLYING NEVADA STATE LAW AND THE HEARING (IF ANY) MUST TAKE PLACE IN NEVADA STATE. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
BY AGREEING TO THESE TERMS, YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR HEAR ANY OF YOUR CLAIMS AND YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, YOU ARE EXPRESSLY WAIVING THE RIGHT TO A COURT OR JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE SITES OR SERVICE, OR YOUR DEALINGS WITH MURKA MUST BE COMMENCED IN ARBITRATION WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT SIX (6) MONTHS PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURTS LOCATED IN NEVADA STATE, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OF YOUR USE OF THE SITE OR SERVICE, AND YOUR RELATIONSHIP WITH MURKA.
YOU WILL BE REQUIRED TO PAY A REASONABLE COST TO INITIATE THE ARBITRATION EQUAL TO, BUT NO GREATER THAN WHAT YOU WOULD BE CHARGED AS A FIRST APPEARANCE FEE IN COURT.
MURKA WILL PAY ALL FEES AND COSTS THAT ARE UNIQUE TO THE ARBITRATION PROCESS, INCLUDING THE ARBITRATOR'S FEES. THE ARBITRATOR SHALL HAVE ONLY SUCH AUTHORITY TO AWARD EQUITABLE RELIEF, DAMAGES, COSTS, AND FEES AS A COURT WOULD HAVE FOR THE PARTICULAR CLAIM(S) ASSERTED, INCLUDING ATTORNEYS’ FEES AND COSTS. EITHER PARTY, AT ITS OWN EXPENSE, MAY BE REPRESENTED BY COUNSEL OF ITS OWN CHOOSING IN ALL STAGES OF THE ARBITRATION PROCEEDING. YOU AND MURKA WILL BE RESPONSIBLE FOR YOUR/ITS OWN ATTORNEYS’ FEES AND COSTS, UNLESS A PARTY PREVAILS ON A STATUTORY CLAIM AFFORDING THAT PERMITS AN AWARD OF PREVAILING PARTY ATTORNEYS’ FEES AND COSTS, AND THE ARBITRATOR MAKES AN AWARD OF SUCH FEES AND COSTS. OTHERWISE, EACH PARTY MUST BEAR THEIR OWN FEES AND COSTS.
IF YOU WISH TO INITIATE ARBITRATION AGAINST MURKA, YOU MUST SEND WRITTEN NOTICE TO MURKA AT THE ADDRESS BELOW: firstname.lastname@example.org.
I HAVE CAREFULLY READ THIS AGREEMENT, AND I UNDERSTAND AND AGREE TO ITS TERMS. I HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, AND HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED HEREIN. I UNDERSTAND THAT I AM GIVING UP MY RIGHT TO A JURY TRIAL AND MY RIGHT TO PURSUE A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION BY ENTERING INTO THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY IF I SO CHOSE.
With respect to any dispute regarding the Site or Service or your use of the Site or Service, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Nevada State, without giving effect to any principles of conflicts of laws, as if the Terms were a contract wholly entered into and wholly performed within Nevada.
Choice of Law
If you are a United States resident, the laws of Nevada State, without regard to or application of its conflict of law provisions, will govern these Terms. If you are a resident of a country other than the United States, the laws of the British Virgin Islands, without regard to or application of its conflict of law provisions, will govern these Terms.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services, and are solely responsible for obeying those laws. If your accessing and using of the Services would result in violation of laws of the state(s) or country in which you reside and from which you access the Services, you are obliged and agree: (a) to immediately cease your use of the Services, and (b) to cancel any accounts you have created using the Services, and (с) to uninstall any software, related to the Services. If the Services or any part thereof is determined to be illegal under the laws of the state(s) or country in which you are situated, you are not granted any license to use the Services and you must refrain from using the Services. Virtual Items may only be collected or purchased by legal residents of state(s) and countries where access to and use of the Services are permitted.
Prohibition on Transfers
Murka expressly prohibits and does not recognize any sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for money, goods or any other exchange for anything of value. This prohibition extends to any transfers of Virtual Items within the Services or outside of them. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using Murka’s products and services, and even legal action.
Availability of the Services and Warranty Disclaimer
We make no promises or guarantees that the Services or any Content will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of fourteen (14) days from your first use of the Services or the shortest period required by law.
Limitation of Liability
MURKA AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MURKA OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MURKA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY YOU TO MURKA IN THE PAST 6 (SIX) MONTHS. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MURKA.
Class Action Waiver
YOU AGREE THAT BY ACCESSING OR USING THE SERVICES, YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AGREE THAT ARBITRATION OR COURT TRIAL (WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE) OF ANY CLAIM YOU MAY HAVE AGAINST MURKA, INCLUDING MURKA’S PAST AND PRESENT AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL TAKE PLACE ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION (THE “CLASS ACTION WAIVER”). THE CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION REGARDING A CLAIM.
Statute of Limitations
You agree to defend, indemnify, and hold Murka harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Murka arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is: (a) to discontinue your use of the Services; and (b) to cancel any accounts you have created using the Services; and (с) to uninstall any software related to the Services.
Waiver and Severability
The failure of Murka to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You acknowledge that the rights granted and obligations made hereunder to Murka are of a unique and irreplaceable nature, the loss of which shall irreparably harm Murka and which cannot be replaced by monetary damages alone so that Murka shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Murka may assign or delegate the Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without Murka’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If we have to give you notice of something according to the Terms, we may notify you by posting a notice on Murka’s websites or social networking websites, posting a message in the Murka’s game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you have to give us notice of something according to the Terms, please contact Murka at email@example.com.
Murka shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Murka, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Murka’s control such as acts of God, war, terrorism, riots, pandemic, embargoes, acts of civil or military authorities, changes in law, fire, floods, accidents, network infrastructure failures, or labour stoppages or strikes.
These Terms are the entire and exclusive agreement between Murka and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by Murka Games Limited and its Affiliates. If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by mailing us at Murka Games Limited, Krinou 3, the Oval, Agios Athanasios, Limassol, 4103 Cyprus.