Terms of service | MadOut Games

Madout 2 | Terms of Use

Effective date: March 20th, 2024

These Terms of Use (hereinafter referred to as the “Terms of Use”) govern the relationship between the user and Vladislav Ivanchuk as the copyright holder of the Game (“We” or derivatives) regarding the use of the MadOut2 Big City Online mobile game (the “Game”).

The Terms of Use on page https://www.madoutgames.com/terms-of-service are presented in their most current version. We reserve the right to modify these Terms of Use unilaterally. All changes become effective immediately upon their publication on this page. We will make every effort to provide additional methods of notifying Users about any changes, but we ask You to regularly check for the latest version on your own.

About us

Technical Support Contacts

The copyright holder of the Game: Vladislav Ivanchuk

E-mail: support@madoutgames.com

Address: The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba Dubai United Arab Emirates

Discord: nikolai_madout2

Definitions

Account - A user account created in the Game, designed to store the user's personal data and manage the features available in the Game.
Bundle - An offered set of Game items, a license for which the User can acquire for a fee through the Store.
Game - The MadOut2 Big City Online software, designed for use on mobile devices.
Game Currencies - Virtual elements that are objects of intellectual property. The list of Game Currencies includes: diamonds, coins, silver hammers, gold hammers, auto parts, and other Game Currencies available for purchase in the Store.
Game Items - the entire collection of objects, items, elements, and methods used in the Game. Game Items, including Game currencies and items for altering characters' appearances.
Store - an independent feature in the Game, which allows Users to purchase Game currency and Bundles.
User ("You") - an individual who has entered into the Terms of Use with the Rights Holder for the purpose of obtaining a license to use the Game.
User Content - digital content created by the User in connection with the use of the Game within its authorized functionality. May include: any informational materials, including texts, graphics, and other materials related to the Game, as well as chat messages with other Users.
Rights Holder ("We") - the entity that holds the rights to the Game, providing a license to use the Game in accordance with the Terms of Use.
Terms of Use - these Terms of Use.
Device - a mobile device through which You use the Game.
Fan Works - any derivative and composite works or other intellectual property objects created by Users based on the Game and the intellectual property of the Rights Holder for use outside the Game (for example: streams, let's plays).

Entering into the Terms of Use Agreement

The Game includes a feature for reviewing the Terms of Use and checking a "checkbox." The User consents to the Terms of Use by checking the "checkbox." Thus, the User confirms that they have reviewed and agreed to the Terms of Use.
If such a feature is absent, the User consents to the Terms of Use by installing and launching the Game on the Device.
We may unilaterally amend the Terms of Use. Each time you enter the Game, you confirm that You have reviewed and accepted the terms of the current version of the Terms of Use.

Conclusion of the Terms of Use Regarding Minors

We do not have general age restrictions for the Game. However, you can accept the Terms of Use only after reaching the age of capacity according to the laws of the country where you reside. If You have not reached the age of capacity, your parents or other legal guardians can review and agree to the Terms of Use on your behalf.
To the extent permitted by law, We are not responsible for any actions that may be taken by minors without the permission of their parents or legal guardians. Parents or legal guardians bear responsibility for any use of the Game by minors.
If You, as a parent or other legal guardian, discover that your child has accepted the Terms of Use without your consent, please contact us through the technical support contacts.
We recommend that You monitor your children's gaming sessions and explore the parental control options that we or our partners may provide.

Subject of the Terms of Use

We own all intellectual property rights in the Game and all intellectual property objects included in the Game, including but not limited to video and audio materials, computer code, names, objects, characters, slogans, locations, illustrations, graphics, animation, musical compositions, audiovisual effects, text, screen images, trademarks, logos, other related documentation, and other included content.
We grant the User the right to use the Game in its current version under the terms of a non-exclusive license worldwide for the duration of the Terms of Use for personal purposes.
The scope of the license rights to the Game includes the following rights:

To reproduce the Game by installing it on the Device;
To use all the functionality of the Game available to the User;
To create User Content and Fan Works.

We have the right to grant access to the Game or its full functionality under certain conditions, such as agreement with the Terms of Use and Privacy Policy. We also reserve the right to terminate or restrict access to the Game at any time in accordance with the Terms of Use.
The rights to use the Game, Game items, or some of its additional features may be provided to the User for free or for a fee. Information about the cost of Game currency, Bundles, other Game Items, and possible subscriptions is contained within the Game and its sections.

Warnings When Using the Game

To provide access to the Game, We need to access a limited list of your personal data. The processing of information provided by the User when using the Game is carried out by us in accordance with the Privacy Policy, available at https://www.madoutgames.com/privacy.
The Game features a multiplayer mode. For full access to this mode, the User must have a stable Internet connection. We are not responsible for any issues with using the Game arising from Internet connection problems.
The Game has a feature for saving and managing progress to connect to the Game from different Devices. This feature may be available provided the User authenticates using one of the available methods at the time of authentication. Without authentication (in "Guest" mode), this feature may be limited, and we will not be able to recover data related to Your gameplay on another Device.
For entertainment purposes, the Game may feature scenes of violence, shootouts, and extreme driving. Please do not attempt to replicate this in real life.
The Game includes features for User communication and the ability for Users to independently create User Content. Messages or content may be accessible for viewing by other Users. By using the Game and accepting the Terms of Use, You acknowledge and agree that You may encounter materials that may be objectionable or offensive to You.
The Game may contain sudden bright, photosensitive images that could potentially cause negative sensations for the player, regardless of health status. Negative symptoms may manifest as dizziness, vision deterioration or blurring, twitching of the eye or facial nerve, trembling of the hands or legs, disorientation, confusion, or loss of consciousness, seizures. Immediately stop playing if You experience any of these symptoms. We also ask you to observe standard health and safety precautions.

Rules for Using the Game

The User is not permitted to perform the following actions:

Replace or modify Game files, as well as use or develop cheats, exploits, programs automating the gameplay, bots, mods, or any unauthorized software that modifies or interferes with the Game.
Use in any form and by any means errors in the Game's structure, bugs, or any other technical errors in the Game. A User who discovers such errors is obliged to notify us.
Gain access to the Accounts of other Users regardless of the reason, as well as in any way provide access to another User to their Account temporarily.
Use the Game for any unauthorized commercial purposes, including but not limited to advertising or solicitation (mailings, spam, or other repetitive mass messages).
Misuse technical support contacts, including sending false, offensive, promotional messages, as well as distributing confidential or personal information obtained from technical support.
Support any illegal behavior in any way, including, but not limited to, illegal use of prohibited substances, gambling, theft, and the like.
Post or otherwise use in the Game obscene, foul, and offensive words and phrases, including in the nickname or in chat.
Conceal, i.e., omit any committed violation of the Terms of Use, or be its direct accomplice. A User who discovers a violation by another User is obliged to notify Us.
Distribute the Game or its copies for commercial or non-commercial purposes, including by placing it on the Internet for access to it or downloading by specific individuals or an unlimited number of persons.
Impersonate our official representative or employee in the Game, outside the Game, and on any third-party resources.

Responsibility for Violating the Terms of Use

The User is responsible for violating the Terms of Use, including breaching applicable laws, and all consequences of such violation, including damages that We or third parties may incur.
We are entitled to demand compensation for any kind of damages when the User uses the Game for illegal purposes, in an unlawful manner, or in a way that contradicts the Terms of Use. If We are forced to act as a defendant in a lawsuit by a third party or face inquiries from government bodies due to the User's use of the Game, We have the right to seek reimbursement for expenses related to filing lawsuits, responses, or inquiries.
If the User violates the Terms of Use, depending on the severity of such violation, we are entitled to take the following measures (jointly or separately):

Confiscation of Game currency;
Confiscation of Game items;
Redirecting Users to a separate server;
Limiting or terminating access to the Game;
Limiting or terminating access to the Account;
Deleting the Account with no possibility of recovery.

We are entitled to take the measures mentioned above without prior notice to the User.
We are entitled to take the measures mentioned above without providing the User with evidence proving the User's violation of the Terms of Use, which resulted in the User's access to the Game or its part being terminated or restricted.
The decision on appeals or the duration of measures is entirely at our discretion.
We do not compensate for losses, whether monetary or in any other form, incurred by the User due to the implementation of the measures mentioned above.

Limitation of Liability

The Game is provided "as is" without any additional assurances of any kind. The User assumes all risks associated with any damage and losses resulting from the use or inability to use the Game. We do not guarantee that the game meets the User's requirements, and that the operation of the Game will be uninterrupted and error-free.
We are not liable to the User for any damage arising in connection with the terms of use or the User's use of the Game and other materials provided to the User by the Copyright Holder.
We are not responsible for the inability to install or launch the Game on the Device, as well as for any possible errors and malfunctions in the operation of the Game. The User must connect to the internet to use the Game where applicable. The User is responsible for all expenses associated with connecting to the internet.
We are not liable for any failure to fulfill obligations due to unforeseen circumstances (force majeure), such as natural disasters, terrorism, war, military operations, riots, embargoes, epidemics, governmental actions, fires, floods, accidents, strikes, shortage of transportation, malicious software, and dishonest actions of third parties resulting from unauthorized access or software disconnection.

Acquisition of Game Items

A license to use Game Currencies can be acquired through the following methods:

Acquisition on a paid basis;
Achievement of certain progress in the Game;
Watching a video clip;
Gift for completing specific tasks or for logging into the Game.

A license to use other Game Items can be acquired through the following methods:

Purchase on a paid basis as part of Bundles;
Exchange for Game Currency;
Achievement of certain progress in the Game;
Watching a video clip;
Gift for completing specific tasks or for logging into the Game.

Acquiring additional functionality is not a necessary condition for participation or use of the Game by the User and is done by the User at their own request and desire.
The content of the Store and the procedure for its use may be changed by the Copyright Holder unilaterally.
In the event that Users acquire Game Items or Game Currency without payment or with incomplete payment, we reserve the right to apply liability in accordance with section 34 (a) - (b) of the Terms of Use.
We reserve the right, unilaterally, to replace the User's Game Currency or other Game Items with different Game Currency or other Game Items without any compensation.
The Game may include functionality that allows Users to directly exchange certain Game Items among themselves. We reserve the right to independently determine the conditions under which a User may exchange Game Items with other Users. We are entitled to independently determine which Game Items are eligible for exchange among Users.

Payment and refund terms

The User can make purchases through the Game. Payments are processed by third-party payment systems. In some cases, the payment system operator may charge a commission, therefore the cost may vary.
To learn about the rules and conditions for making payments through third-party payment systems and services, please independently review the relevant information provided by the owners of such systems and services. Follow their instructions carefully and provide only accurate information.
We are not responsible for any deviations in User payments for any reason.
The User is responsible for any actions performed with their Device and Account. Any actions originating from the Device or Account are considered to be carried out by the User or with their consent, regardless of who performed them.
The User must retain documents confirming purchases throughout the use of the Game and provide the document upon our request, as well as information about the circumstances of the purchase.
Refunds are provided under the following circumstances:

The User did not receive or received incorrect Game Items that they intended to purchase for consideration due to a technical error in the Game.
Funds were deducted due to a technical error in the Game.
At the discretion of the Rights Holder.

In case the User has received a refund, We reserve the right to:

Revoke in-game items that were purchased prior to the refund.
Restrict access to the user's account or the game if refunds occur consistently or for fraudulent purposes.

We reserve the right to refuse a refund without providing a reason.

Interaction Among Users

The Game features an online chat function that allows Users to communicate with each other through text and voice messages. We do not disclose Users' real names but display their nicknames to conversational partners.
Users are prohibited from insulting and discriminating against other Users, using profanity (including substituting some characters in profane words), raising sensitive topics, and violating applicable laws and regulations.
You are responsible for how You interact with other Users and third parties. We have the right, but not the obligation, to intervene in any disputes between Users.
In the event of disputes between You and other Users, We are not liable for claims, demands, or any kind of losses arising from such disputes.
The Game contains features of automatic moderation of the online chat. With the help of these features, prohibited content, including content containing profanity, is automatically removed. However, these features are not capable of recognizing all prohibited content (for example, profanity with symbol substitution in words). Therefore, the User acknowledges that they may encounter offensive and inappropriate content.
We retain a limited number of user messages solely for displaying such messages in the game for a certain period of time, after which the messages are automatically deleted.

Advertising and links to third-party services

The Game features an ad viewing function. This function can be disabled by the User, including by purchasing Game Items. Information on disabling this function is provided within the Game and its sections.
During ad viewing, You may encounter links to third-party websites or applications. We are not responsible for the materials contained on third-party services.

Fan Works and User Content

Users are entitled to use any materials or objects contained in the Game or related to the Game to create Fan Works. This right extends only to materials and objects related to the Game and only on the basis of the Terms of Use.
Fan works must not:

Harm the business reputation of the Rights Holder and have a negative impact on the "MadOut" brand reputation. When creating any Fan Works and distributing such works, the User must not use materials from the Game in conjunction with any threatening, offensive, indecent, pornographic, or illegal materials, messages, or other means of expression.
Indicate that the Fan Work is an official product of the Rights Holder, or contain phrases such as "Official," "Authorized," or similar phrases that could in any way give the impression that We are associated with the creation of the Fan Work.

The User is not entitled to distribute Fan Works created using our intellectual property for commercial purposes in any way.
The Game also provides functionality for creating User Content. Such User Content, provided there is sufficient creative and original input from You, may be recognized as intellectual property subject to applicable laws.
Upon recognition of Fan Works or User Content as intellectual property objects, by accepting the Terms of Use, the User grants us a free non-exclusive license for the duration of the exclusive right and worldwide territory for them.
We reserve the right to use Fan Works and User Content in any way and to perform any actions with regard to them, including: modification, copying, reproduction, distribution, transmission (sub-licensing) to third parties, including for a fee, making them publicly available, including on the internet, using them in the Game, in advertisements and promotional materials, creating derivative works, and translating them into other languages.
We reserve the right to use Fan Works or User Content without specifying the author.
With regard to Fan Works and User Content, the User assures that they do not violate applicable laws, contractual obligations, or the rights of third parties, including intellectual property rights, and that the User has obtained necessary permissions from third parties whose personal information or intellectual property is contained therein.

Updates and Changes in the Game

We may provide automatic updates and changes to the Game if the User is connected to the Internet. To successfully install updates and changes and continue using the Game, the User consents to the installation of such updates and changes. All updates are an integral part of the Game, and the Terms of Use also apply to such updates.
We reserve the right to modify the content of the Game at any time at our discretion without notifying the User.

Termination of the Terms of Use

We reserve the right to unilaterally terminate the contractual relationship with the User at any time and to restrict access to the Game, including its individual parts and any virtual elements, such as Game items, without compensating for any losses incurred as a result.
The User has the right to unilaterally terminate the contractual relationship at any time without notifying the Rights Holder by deleting their Account or the application if it is used in "Guest" mode. In this case, access to Game items is restricted without the right to restoration.
In the event of termination of the contractual relationship, we do not provide a refund for the Game currency and other Game Items and do not compensate for any losses.
Unilateral termination of the Terms of Use by the User does not release them from liability for violations of the Terms of Use during the period when such Terms of Use were in effect.

Applicable Law and Dispute Resolution

The Terms of Use are drafted in accordance with the laws of England and Wales.
All disputes and disagreements regarding the Terms of Use shall be resolved through negotiations. Users can contact us by sending an email to support@madoutgames.com. We are obligated to provide a written response within 10 working days through the communication channels specified by the User in the request.
In the event that it is not possible to reach an agreement between the parties through negotiations within 60 calendar days from the moment the other party receives a written claim, the User agrees that dispute shall be referred to to be in Dubai International Arbitration Centre and finally resolved by arbitration under the Dubai International Arbitration Centre Arbitration Rules in force on the date of the submission of the request for arbitration (the "‎Rules"), which Rules are deemed to be incorporated by reference into this clause. In accordance with the Rules, the Parties appoint 1 (one) arbitrator after the dispute has arisen. The legal seat of the arbitration shall be the Dubai International Financial Centre and the language of the arbitration shall be English.

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