TERMS OF SERVICE

Effective Date: March 1, 2024

Welcome to MB W Team's Terms of Service! These terms govern the relationship between you ("you" or "User") and MB W Team, a company based in Lithuania, regarding your use of MB W Team's games, including "Z-Typer: Alpha Strike," our online store, websites, and related services (collectively referred to as the "Service"). Your use of the Service is also subject to our Privacy Policy and other relevant policies, which are incorporated by reference into these Terms.

Before you can access or use the Service, including browsing any of our websites or accessing a game, you must agree to these Terms of Service and the Privacy Policy. Upon using the Service, a guest account may be created for you, or you may be required to register an account ("Account"), which includes, for example, game accounts or any unique user ID we provide. By using or registering for an Account, or by otherwise engaging with the Service, you confirm that you are of legal age in your jurisdiction or that your legal guardian has reviewed and agreed to these Terms on your behalf.

BY DOWNLOADING, ACCESSING, OR USING THE SERVICE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.

IMPORTANT NOTICE: For residents of certain jurisdictions, you may also agree that any disputes with MB W Team will be resolved on an individual basis, potentially through arbitration or applicable legal proceedings, as detailed in the "Dispute Resolution" section below.

MB W Team reserves the right to update, change, or otherwise modify these Terms of Service, along with our Privacy Policy and any other relevant policies, at any time. Amendments will be effective upon posting on the Service. Your continued use of the Service after such posting constitutes your acceptance of those changes. If you do not agree with any changes to these Terms at any time, your sole recourse is to cease using the Service immediately.

Using the Service

1.1. Your Right to Use the Service

Under these Terms of Service and our other relevant policies, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service for your personal, non-commercial entertainment. This grant is contingent upon your full compliance with these Terms and all applicable MB W Team policies. You agree not to utilize the Service for any other purposes.

Service Use Restrictions:

You bear full responsibility for any unauthorized use of the Service by minors, including any use of your payment methods by minors.
You are prohibited from selling, renting, trading, or giving away your Account, creating an Account with false information or on behalf of someone else, using the Service if you have been removed or banned by MB W Team, and using the Service for any form of advertising or solicitation.

You may need to select a password or use other credentials for your Account ("Login Information"). You must keep your Account and Login Information secure and not share them or let others access your Account. You must notify MB W Team immediately upon any breach of security or unauthorized use of your Account.
MB W Team reserves the right to remove or reclaim usernames at any time and for any reason, including claims by a third party that a username violates their rights.
The Service is designed to support one Account per game on a supported device.

Use Limitations:

Any violation of these limitations is strictly forbidden and may result in the immediate revocation of your limited right and potential legal liability.

You agree not to:

Engage in activities that are in conflict with the spirit or intent of the Service or misuse MB W Team's support services.
Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify the Service or any MB W Team game.
Modify any files of the Service or any MB W Team game without express written consent.
Disrupt the normal flow of the Service, manipulate rankings, exploit errors for gain, or engage in any activity that negatively affects other users' experiences.
Overburden or disrupt any computer or server related to the Service or any MB W Team game environment.
Attempt to gain unauthorized access to the Service, Accounts of others, or networks connected to the Service.
Post objectionable material, engage in harmful behavior, or violate the rights of others.
Reverse engineer, decompile, or disassemble any aspect of the Service or MB W Team games.
Solicit personal information from other users or collect private information through the Service.
Use the Service for gambling, betting, or any similar activities.
Violate any export controls, anti-money laundering rules, economic sanctions, or similar laws.

MB W Team reserves the right to determine what constitutes inappropriate conduct and to take appropriate action, which may include terminating your Account and banning you from the Service.

1.2. Suspension and Termination of Account and Service

MB W Team reserves the right, without limiting our other remedies, to limit, suspend, terminate, modify, or delete your accounts or your access to our Service or parts of it if you are, or we suspect that you are, in breach of these Terms of Service or engaging in illegal or improper use of the Service. As a result of account termination or limitation, you may lose your username, profile, and all associated benefits, privileges, earned items, and purchased items within the Service, with no obligation on MB W Team's part to compensate you for such losses.

We may also limit, suspend, or terminate the Service and user accounts, prohibit access to our games and websites, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe they are causing legal liabilities, infringing on intellectual property rights of third parties, or acting against the letter or spirit of our terms or policies. In cases where it's deemed appropriate, we may suspend or terminate accounts of users who are repeat infringers of third-party intellectual property rights.

MB W Team also reserves the right to terminate any account that has been inactive for 180 days or more.

MB W Team may cease providing and/or supporting the Service or any part of the Service at any time, which will result in your right to use the Service or part of it being automatically terminated. In such cases, MB W Team is not required to provide refunds, benefits, or other compensation related to the discontinued Service. Termination of your account includes disabling your access to the Service or parts of it, including any content you or others have posted.

You have the option to terminate your account at any time and for any reason. To do so, you must follow the process outlined on our support page or directly inform MB W Team of your desire to terminate your account.

2.Ownership

2.1. Games and Service

MB W Team retains all rights, titles, and interests in and to the Service, including but not limited to our games like "Z-Typer: Alpha Strike," all underlying code, themes, objects, characters, character names, stories, dialogue, expressions, artistic designs, animations, sounds, musical compositions, audio-visual effects, operational methods, moral rights, documentation, in-game chat transcripts, character profile information, recordings of game sessions, as well as the game clients and server software. All intellectual property rights and other proprietary rights related to our games and the Service are expressly reserved by MB W Team.

2.2. Accounts

Notwithstanding any other terms, you acknowledge and agree that you have no ownership or other property interest in your Account. All rights in and to the Account are owned by and inure to the benefit of MB W Team, and this includes any rights arising from your use of the Service.

2.3. Virtual Content

MB W Team either owns, is licensed for, or otherwise possesses rights to all content that appears within the Service or MB W Team's games. Despite any other provisions, you acknowledge that you have no right or title in or to any content that appears in the Service, including but not limited to virtual items, features, goods, services, or currency that may appear or originate in any MB W Team game, regardless of whether they were acquired in-game or purchased directly from MB W Team. This also extends to any other attributes associated with an Account or stored within the Service.

3. User Content

3.1. Submission of User Content

"User Content" encompasses all communications, images, sounds, and all material, data, and information that you upload or transmit through an MB W Team game client or the Service, as well as content uploaded or transmitted by other users. By submitting User Content while using the Service, you affirm, represent, and warrant that your submission is (a) accurate and not confidential or misleading; (b) compliant with all applicable laws, contractual obligations, and third-party rights, and you have obtained all necessary permissions from any third party involved in the User Content; (c) free from viruses, adware, spyware, worms, or other malicious code; and (d) you understand that any personal information within the User Content will be processed by MB W Team in accordance with its Privacy Policy.

3.1.1. Content Screening

MB W Team does not assume responsibility for user conduct or for screening User Content for inappropriate or illegal content or conduct. We do not pre-screen all User Content, and using the Service is at your own risk. You might encounter User Content that could be offensive, indecent, or objectionable. MB W Team, at its discretion, may monitor and/or record your interactions with the Service or communications (including chat texts) when using the Service.

By agreeing to these Terms of Service, you consent to such monitoring and recording. You acknowledge that you have no expectation of privacy regarding the transmission of User Content, including chat text or voice communications.

MB W Team reserves the right to review, monitor, edit, delete, or disable access to any User Content without notice for any or no reason at any time. Although MB W Team may monitor the Service at its discretion, it assumes no responsibility for User Content and has no obligation to modify or remove inappropriate User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may offer forums, blogs, and chat features where you can post User Content, including your observations and comments. MB W Team cannot guarantee that other members will not use the ideas and information that you share. If you want to keep an idea or information confidential or don't want others to use it, do not post it on the Service. MB W Team has no obligation to evaluate, use, or compensate you for any ideas or information you may submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the content you post on or through the Service and for providing it to others. MB W Team may reject, refuse to post, or delete any User Content for any or no reason, including User Content that may violate these Terms of Service.

3.2.3. Your License to MB W Team

By submitting User Content, you grant MB W Team an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to use, copy, adapt, modify, create derivative works from, distribute, publish, transmit, publicly display, publicly perform, or access electronically your User Content in connection with the Service, including for marketing and promotions. You also grant MB W Team the right to use your name, likeness, and any other information or material included in any User Content in connection with any User Content, without any obligation to you. You waive any rights of attribution and/or moral rights you may have in your User Content, irrespective of whether it is altered or changed in any manner. MB W Team claims no ownership rights in your User Content and this license is not intended to restrict your rights to use and exploit your User Content.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any disputes that arise from those interactions. MB W Team reserves the right, but is not obligated, to intervene in such disputes. You agree to cooperate fully with MB W Team in investigating any suspected unlawful, fraudulent, or improper activity. If you have disputes with other users, you release MB W Team (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages related to such disputes.

4. Fees and Purchase Terms

4.1. Purchases

Within the Service, you have the option to purchase, using real-world money, a limited, personal, non-transferable, non-sublicensable, revocable license to use various forms of virtual currency, such as coins or gems, and virtual in-game items, content, features, as well as other goods or services (collectively referred to as "Virtual Items"). These purchases must be made through the Service directly from us or through our authorized partners, and not by any other means.

You acknowledge and consent to the immediate commencement of the delivery of any Virtual Items or other digital content following your purchase, even before any statutory withdrawal period set forth in applicable laws expires. By doing so, you explicitly agree that you will lose your right of withdrawal once the delivery of the digital content begins.

MB W Team reserves the right to manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice, and MB W Team will not be liable to you or any third party should it exercise such rights.

Except as explicitly permitted within the Service, the transfer, sale, redemption, or any other transfer of Virtual Items to any person or entity, including MB W Team, other users, or any third party, is strictly forbidden.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE, except as required by applicable law. For information on purchases made by minors, please consult our Parental Guide.

The offering of Virtual Items within MB W Team games is a service that begins immediately upon MB W Team's acceptance of your purchase.

4.2. Payment of Fees

You are responsible for all fees and applicable taxes incurred by you or anyone using an Account registered to you. MB W Team may modify the pricing for the goods and services, including Virtual Items, offered through the Service at any time. YOU RECOGNIZE THAT MB W TEAM IS NOT OBLIGATED 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 THE CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

You acknowledge that the Service provided by MB W Team is dynamic and subject to change. MB W Team may need you to accept updates to the Service, including the games like "Z-Typer: Alpha Strike" that you have installed on your devices. You understand and agree that MB W Team may update the Service and its games at its discretion, potentially without prior notification to you. To ensure continuous access to the Service and gameplay, it might be necessary for you to update third-party software periodically.

6.Disclaimer of Warranties

MB W Team provides the Service to you "as is" and "as available," without any kind of warranty, either expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from the course of dealing or usage of trade. MB W Team does not guarantee that you will be able to access or use the Service at your preferred times or locations; that the Service will be continuous or free from errors; that any defects will be corrected; or that the games or the Service itself will be free from viruses or other harmful components.

It's important to note that some jurisdictions do not permit the exclusion of certain warranties, so some of the exclusions mentioned above may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

To the fullest extent allowed by law, MB W Team will not be liable to you for any indirect, incidental, consequential, special, punitive, or other similar damages, including but not limited to loss of revenue, lost profits, lost data, or business interruption, or other intangible losses, arising from or related in any way to these Terms of Service or the Service itself, regardless of the legal theory on which such claim is based, and even if MB W Team has been advised of the possibility of such damages. Except where prohibited by law, MB W Team's liability to you shall not exceed the amount you have paid to MB W Team in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert any claim. If you have not made any payments to MB W Team during this time period, your only remedy (and MB W Team's exclusive liability) is to cease using the Service and cancel your account.

Nothing in these Terms of Service is intended to affect the statutory rights of any consumer or to exclude or limit any liability for gross negligence or wilful misconduct by MB W Team, or for death or personal injury caused by MB W Team's negligence or fraud.

You agree to indemnify, defend, and hold harmless MB W Team (including our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claim, demand, damages, or other losses, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service, or any breach of these Terms of Service by you, provided that such infringement of rights is not a result of your intentional or negligent behavior.

8. Dispute Resolution

You and MB W Team agree to adhere to the dispute resolution processes outlined in this agreement for any disputes or claims associated with these Terms of Service, the Privacy Policy, or the Service itself. This includes all types of claims, such as legal, equitable, or statutory. These dispute resolution processes will apply even if you cease using your account, delete it, or discontinue using the Service, and they also apply to disputes that arose prior to entering this agreement.

If you are a resident of the United States or Canada, the following Sections 8.1 to 8.6 apply to you. If you reside in any other country, these sections do not apply.

8.1. Informal Dispute Resolution

Before initiating formal dispute resolution processes, you must attempt to resolve the dispute informally with MB W Team for at least thirty (30) days. The informal resolution process starts when you send written notice of the dispute to MB W Team's designated contact.

8.2. Arbitration Agreement

You and MB W Team agree to resolve disputes exclusively through final and binding arbitration, except for the types of claims described in Section 8.4. This means giving up the right to a trial before a judge or jury. Arbitration uses different rules than court and may limit discovery. The arbitrator's decision will be final and binding with limited rights of appeal.

8.3. Arbitration Process

The arbitration will be administered by a recognized arbitration association under its rules, unless otherwise stated in these Terms. These Terms take precedence over any conflicting arbitration rules. Either party can initiate arbitration by following the association's rules and procedures.

The arbitration fees and each party's attorneys' fees and costs will be governed by the arbitration association's rules unless the arbitrator finds those fees excessive, in which case MB W Team will pay the fees.

Arbitration will occur in a location mutually agreed upon or, if not agreed, in a location determined by the arbitration association.

8.4. Exceptions to Arbitration

Certain disputes are excluded from the arbitration agreement, including intellectual property claims and claims that cannot be subject to arbitration as a matter of law.

8.5. No Class Actions

Disputes must be brought on an individual basis, not as part of a class, collective, or representative action. The arbitrator cannot combine cases or preside over any form of class or representative proceeding.

8.6. Opt-Out of Arbitration and No Class Actions

You can opt out of the arbitration agreement and no class actions provision by sending a written notice to MB W Team within 30 days of your first use of the Service or the availability of this opt-out.

8.7. Alternative and Online Dispute Resolution

For consumers in the EU or EEA, the Online Dispute Resolution platform provided by the European Commission offers an alternative for resolving disputes. You may also refer a dispute to your local consumer disputes board or similar out-of-court institution.

9. Applicable Law

For residents of the United States or Canada: The interpretation and enforcement of the agreement to arbitrate and the prohibition of class actions in Section 8 are governed by the United States Federal Arbitration Act, including its procedural provisions. Furthermore, any disputes arising from or in connection with these Terms of Service, the Privacy Policy, or the Service will be governed entirely by the laws of the State of California, USA, excluding its conflict of law principles.

For residents outside the United States and Canada: Any claims or disputes that emerge from or are associated with these Terms of Service, the Privacy Policy, or the Service will be governed by Finnish law, disregarding any conflict of law provisions. This ensures that the legal framework is clear for international users, providing a consistent basis for the resolution of any disputes.

10. Venue for Disputes Not Subject to Arbitration

For residents of the United States or Canada: Any claims or disputes against MB W Team that are not eligible for arbitration as outlined in Section 8 must be resolved solely in a federal or state court situated in San Francisco, California. Both you and MB W Team agree to the jurisdiction and venue in San Francisco, California for all such claims or disputes, ensuring a predetermined legal location for the resolution of any such matters.

For residents outside the United States and Canada: Any legal claims or disputes you may have against MB W Team must be addressed exclusively in a court located in Helsinki, Finland. This establishes a specific legal forum for the resolution of disputes, providing clarity and a singular venue for addressing any such issues that arise under these Terms of Service, the Privacy Policy, or the Service.

11. Severability

You and MB W Team agree that if any part of these Terms of Service or the MB W Team Privacy Policy is deemed illegal or unenforceable by a court of competent jurisdiction, such part shall be considered ineffective only within that specific jurisdiction and only to the extent of such invalidity or unenforceability. This does not affect the validity or enforceability of the remainder of the Terms of Service or Privacy Policy in that jurisdiction or in any other jurisdiction, and the rest of the provisions will remain in full force and effect. This ensures that the overall intent and framework of the Terms and Privacy Policy are preserved, even if specific provisions are modified or removed due to legal requirements.

12. General Provisions

12.1. Assignment

MB W Team may assign or delegate these Terms of Service and/or the MB W Team Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You are not permitted to assign or delegate any rights or obligations under these Terms of Service or Privacy Policy without the prior written consent of MB W Team, and any unauthorized assignment or delegation by you is void.

12.2. Supplemental Policies

MB W Team may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is contingent upon your compliance with those specific policies in addition to these Terms of Service.

12.3. Entire Agreement

These Terms of Service, along with any supplemental policies and any documents expressly incorporated by reference (including the MB W Team Privacy Policy), constitute the entire agreement between you and MB W Team. They supersede all prior communications, proposals, and agreements, whether electronic, oral, or written, between you and MB W Team with respect to the Service.

12.4. No Waiver

The failure of MB W Team to enforce any provision of these Terms of Service or the Privacy Policy or to exercise any right should not be construed as a waiver or relinquishment of such provision or right. An express waiver by MB W Team of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

No waiver, consent, or modification of these Terms of Service shall bind MB W Team unless in writing and signed by the party against which enforcement is sought.

12.5. Notices

MB W Team may provide notices to you through postings on the Service, emails, or other means of communication to the contact information you have provided. Any notices you give to MB W Team under these Terms of Service or the Privacy Policy must be in writing and sent to MB W Team's designated address.

12.6. Equitable Remedies

You acknowledge that MB W Team's rights and obligations under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm for which monetary damages alone may not be an adequate remedy. Consequently, MB W Team will be entitled to seek injunctive or other equitable relief in the event of any breach or anticipatory breach by you, without the necessity of posting any bond or proving actual damages.

You agree to limit your claims to monetary damages, subject to the limitations set forth in these Terms, and waive any right to seek injunctive or equitable relief.

12.7. Force Majeure

MB W Team is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.