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MAGS User Agreement
EULA
"ENGLISH" VERSION
1. USE OF MAGS SERVICES AND MAGS CONTENT
1.1 We give you and other MAGS users the personal right (known legally as a ‘license’) to use MAGS services and to download, access and/or stream (depending on the content) and use MAGS content. This license is for your personal use. We can stop or suspend this license in some situations, which are explained later on.
You have the personal right to use MAGS content and services. This right can be suspended or stopped by us in some situations.
1.2 When you buy, access or install MAGS games, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User License Agreement).
1.3 Using certain third-party scripts is recommended for your full use of MAGS functionality and, although that usage is optional, we cannot promise full service performance without them.
You can (optionally) use certain third-party scripts to improve website performance – don’t worry, we don’t mean anything fiendish here! Just regular website scripts.
1.4 If you are over 18 years old, welcome! If you are between 16 and 18 years old, before we greet you equally warmly, ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries, persons under a certain age cannot legally enter into agreements such as this Agreement). If you are under the age of 16, you cannot have a MAGS account or use MAGS services, as we cannot legally process children's personal data without the special consent of a parent or guardian (but your parents/guardians can register).
If you are under the age of 18, you need parental/guardian consent to use MAGS services. We know it sounds a little silly – no, no – it's not our invention, but actually a legal requirement.
2. MAGS ACCOUNT
2.1 To buy MAGS content from MAGS services, and in some cases to play/use MAGS content where our partners require use of a MAGS account, you will need to set up a MAGS account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your MAGS account settings you can also optionally set your country of residence, birthday.
To buy MAGS content you will need to set up a MAGS account. Make sure to keep your password safe! Check out our Privacy Policy too (link opposite).
2.2 You can use your MAGS account to set up a public profile accessible by other people. You can also use your MAGS account to connect with other MAGS users. Please act sensibly and remember you are responsible for your own actions.
Your MAGS account will have a public profile and you can communicate with other MAGS users. Be sensible and careful!
2.3 Your MAGS account and MAGS content are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to MAGS’s rules which are set out here, as updated or amended when necessary.
Your MAGS account and content are for you only – there are rules about how to use them (see opposite).
3. SYSTEM REQUIREMENTS
3.1 Since MAGS gives the user access to many different services and games created at different times and through different platforms, we cannot provide a single set of system requirements for all MAGS services or MAGS content. Make sure your computer and internet connection are good enough to use MAGS services and play MAGS games and videos.
3.2 We can say that the use of any MAGS game will require a computer equipped with a mouse and keyboard (touch screen control is not supported), with the appropriate operating system (see the relevant MAGS product page) with all service packs and important updates installed on it. All MAGS games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications listed on the MAGS product page. MAGS games are not tested on virtual machine software and therefore do not support playing through them.
3.3 For MAGS videos, make sure that the video player supports the video format specified on the MAGS product page.
3.4 If you have questions about system requirements, please contact us. To be clear, you are responsible for making sure that you have enough internet access to download purchased MAGS games or MAGS videos from us or stream MAGS videos, and that your system can play MAGS games and watch MAGS videos.
4. BETA VERSIONS
As MAGS develops, we may offer you optional access to "beta" versions of MAGS software or services (e.g. new versions of the MAGS application made available before its general release) or MAGS content (more on this later).
Here are the rules:
a) We (or any relevant publisher/partner) will determine the terms and requirements for access to the beta. Providing and maintaining the beta and who can use it is at our discretion.
b) You may need to go through the registration process or other requirements to access the beta version (and this may include meeting eligibility criteria).
c) Betas will be limited in time and there may be additional contractual requirements.
d) Beta may include temporary or permanent cleaning of the server/progress/content, resetting or correcting.
e) The beta version may be subject to confidentiality restrictions (which you will be notified in advance, if so).
f) You may be invited to participate in the beta feedback process – this is completely optional, but it would be really valuable.
g) The beta version is for use and enjoyment, so it may not be sold, rented or otherwise transferred to anyone else.
h) The purpose of accessing the beta is to allow you to try something new, but we expect you to realize that it will not be complete yet. Accordingly, beta versions will be provided "as is" without any additional promises on our part or any liability on our part if they are not complete or do not work fully or cause problems. Beta versions may not be completely complete, and features may be changed, modified, or removed during the beta.
We may provide access to MAGS content in beta/pre-release. For example, a publisher/partner may choose to release a game or part of a game in beta, or may join our "Games in Development" program (see sections 7.6-7.8 below). Any such MAGS content will also be subject to this policy, unless the relevant publisher specifies its own rules (which will take precedence over these rules).
We may offer beta access to new versions of MAGS software or services. Beta versions are not complete and we are not responsible for what happens when you use them. Do not be afraid, they should not blow up the computer!
5. PAYING FOR MAGS CONTENT AND RECEIVING REFUNDS
Paying for MAGS content
5.1 Surprise, once you decide you like a MAGS game, MAGS video or other MAGS content, you will usually have to pay for it before you can access it (although we also have some free content!). You can pay in a variety of ways: (i) with a valid debit or credit card; or (ii) use PayPal or other authorized payment service providers. Keep your payment information secure.
You can use a debit/credit card, PayPal or other local payment methods to make purchases. Keep your payment information secure.
5.2 When you use a payment method to purchase MAGS content, we rely on your promise that you can use that method. You are responsible for any purchases made using your MAGS account or payment method and agree to the pricing, payment and billing policies applicable thereto that you were notified of at the time of purchase. All payments are non-refundable and non-transferable, except as expressly set forth in this Agreement. Children – Your parent or guardian must approve each purchase they make.
You are responsible for your purchases. Children - do not forget to first get parental consent.
5.3. All prices are visible on the product catalogue page. These include legally binding sales taxes/VAT.
MAGS Coupon Codes
5.4. We may also issue time-limited coupon codes that provide free or discounted access to MAGS content (we will call them "Coupon Codes"). If you receive Coupon Codes when you purchase MAGS content, but later decide to return that MAGS content, we think it is fair to return the coupon codes as well. Therefore, we will terminate it or, if it has been exchanged for a MAGS game, this game will be removed from your account.
If you decide to return or exchange MAGS content that came with coupon codes, we think it's fair to ask you to return them.
Distribute directly to your account
5.5 We have a direct distribution to account feature (we call it "MAGS Direct to Account") whereby the distribution platforms that work with us will be able to sell you games or other content, where you can choose to have that game/content automatically activated in your MAGS account, without having to use any codes. To be clear, the entire purchase process is handled by the second platform, so in case of any problems with the purchase process, please talk to them directly. Therefore, in this particular case, we cannot offer you our Voluntary Return Policy (because MAGS did not sell the game/content). Of course, everything related to the services of our platform is still our responsibility.
With our MAGS Direct to Account feature, we can activate the game/content you buy on the relevant distribution platforms directly from your MAGS account – cool!
6. RETURNS AND RETURNS
Statutory rights to reimbursement
6.1. If you are a resident of the European Union or other relevant jurisdictions (except the USA), you have the statutory right to withdraw from the purchase of MAGS content within 14 days of purchase, without giving any reason. However, this does not apply if you have expressly consented to the operation of MAGS content (which is digital content) starting immediately after the completion of the purchase process and have confirmed the loss of your right of withdrawal.
If you are an EU resident, we are obliged to inform you about the statutory right of withdrawal, but still our voluntary policy is better.
6.2. Neither this nor any other part of this User Agreement affects your statutory rights. New Year's Day:
a) For Australian users: Our goods are covered by warranties that cannot be excluded under Australian consumer law. You have the right to a replacement or refund for a major accident and compensation for any other reasonably foreseeable loss or damage. You also have the right to repair or replace the goods if the goods are not of acceptable quality and the failure does not constitute a major breakdown. Details here
b) For New Zealand Users: Neither this nor any other part of this User Agreement excludes, restricts or modifies the application of any rights or remedies that cannot be excluded, limited or modified in this way, including the rights granted by the New Zealand Consumer Guarantees Act 1993. According to this law, there are guarantees that include that the goods and services are of acceptable quality. If this warranty is not met, there are rights to repair the software (which may include repair, replacement, or refund). If a remedy cannot be provided or the failure is material, the law provides for a refund.
In some jurisdictions, you may have statutory rights in relation to your purchase, e.g. Australia or New Zealand (see following)
Our Voluntary Return Policy
6.3. We understand that sometimes a purchase doesn't work out the way you expected and we want to be fair to MAGS users. Therefore, in addition to your statutory right to a refund, we may offer you a Voluntary Refund Policy. In rare cases, if we have reasonable doubts about a refund request, we may not apply the Voluntary Return Policy. Under no circumstances will this deprive you of any applicable statutory rights to a refund. The sale is considered final after the expiration of the refund rights (unless we agree otherwise in individual cases).
We will be happy to offer you our assistance in accordance with our Voluntary Return Policy in addition to your statutory return rights (see details opposite
7. PATCHES, UPDATES AND CHANGES
From time to time, you may need to correct or update MAGS services or MAGS content (for example, to add or remove features or fix software errors). We need these rights for MAGS to work efficiently. Our Partners may use MAGS services to make corrections or updates to relevant MAGS content.
From time to time, we may need to patch or update the way MAGS services or content work.
8. RULES FOR USING MAGS SERVICES
8.1 Please comply with these MAGS Rules and MAGS Content. Please read this policy carefully, as failure to comply with it (in particular in connection with cheating) will be considered a material violation of this Agreement, which may lead to suspension or cancellation of access to MAGS services. Here are the rules:
a) Use MAGS services or MAGS content solely for your own pleasure (for example, do not use them to make money or for political purposes).
(b) As for MAGS content, what you can do practically (which includes modifying, merging, distributing, translating, restoring source code, decompiling, disassembling or creating derivative works) depends on what the mags content rights holder allows you to do (MAGS cannot grant such rights), so check it directly with the rights holder (the first thing you should do, it's to see if they have a EULA, and if so, what it says). We also ask that you only make authentic attempts to improve the MAGS content.
(c) With respect to THE MAGS services (including THE MAGS software), unless you have the prior consent of MAGS, you should not modify, combine, distribute, translate, reverse engineer, decompile, disassemble or create derivative works based on them – unless this Agreement or the laws of your country permit it. We would like to point out that you can contact us for permission to do so and we will review these requests and respond to them in good faith. In general, at some point in the future, we want to open client protocols to make it easier for users to work with MAGS data/software without the need for reverse engineering or similar techniques.
(d) You must not hack, harm, regret, interrupt or misuse MAGS services or MAGS content, MAGS users or MAGS personnel or use them for similar purposes.
(e) Not to create, use, share and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that in any way interacts with or affects the MAGS services or MAGS content (including, without limitation, any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs, that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS collecting information about MAGS Services).
(f) You must not interfere with the OPERATION of MAGS or third party network software or other software, including by tunneling, injecting code, modifying or altering MAGS software, using other similar software along with MAGS services or MAGS content, by emulating a protocol, or by creating or using private servers relating to MAGS services or MAGS content. Do not access or attempt to access areas of SAGGER.COM, mags, or MAGS servers that have not been made available to the public.
(g) Do not do or say anything that is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be kind to each other, please!
(h) Do not share, buy, sell, transfer, gift, lend, steal, misappropriate or abuse MAGS accounts. MAGS keys/codes may only be transferred, transferred or used in a manner permitted by MAGS. If you have any questions or problems, please contact customer support.
(i) Please comply with any applicable geographical or regional, language or location restrictions, requirements or MAGS rules.
(j) Please do not take any action in connection with MAGS that infringes any copyrights, trademarks, patents, trade secrets, privacy, advertising or other rights of others, such as images, photos, sound files, text files, image files and any other materials or information.
MAGS services and content are here for your personal enjoyment and we ask you to use them exclusively for this purpose. For example, do not interfere with or hack MAGS services. Don't do or say things that are offensive or illegal.
9. USER GENERATED CONTENT
9.1 This section applies to content (e.g. text, images or links) that you make available to us or other MAGS users through MAGS services (for example, through a profile picture or messages to other MAGS users). We'll call this "User Generated Content."
You are the owner of the user-generated content used in MAGS services. Make sure that this does not infringe any rights of third parties.
9.2 As far as we and you are concerned, you own any User Generated Content, but we must give us certain limited rights to it so that we can actually transmit it through MAGS services. Accordingly, we ask you to grant us a non-exclusive, irrevocable license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform User Generated Content in connection with MAGS services.
9.3 It is your responsibility to ensure that you have all the necessary rights before using user-generated Content and to check that it is safe to use - we cannot know this ourselves and we cannot verify it, so we have to rely on you.
9.4. However, we have the right (but not the obligation) to review and, if appropriate or legally necessary, to remove any User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of another person's privacy, threatening, harassing, offensive, hateful, racist or pornographic. If you determine that such content has been posted on MAGS services, please let us know by contacting us at [email protected].
If you find that illegal or inappropriate content has been posted on MAGS services, please let us know.
10. FEEDBACK OR SUGGESTIONS
10.1 You are welcome to provide us with feedback and suggestions for improving the MAGS services, and we really value them all. However, to be clear, we don't have to use or accept them and we won't owe you anything (financially or otherwise) in relation to them.
It's fun to send us feedback and suggestions for MAGS services, thank you! But please don't be disappointed if we don't use them or reward you for them.
11. WARRANTIES AND LIMITATIONS OF LIABILITY WITH RESPECT TO MAGS SERVICES
11.1 We warrant that: (i) we have the right to enter into this Agreement and grant you the license to use the MAGS services referred to in section 2.1; and (ii) we will exercise due diligence with respect to the MAGS services and your use of them; and (iii) we will use reasonable efforts to comply with applicable laws when performing our obligations to you under this Agreement.
We make legally binding promises (called "warranties") regarding MAGS services, for example, that we will exercise due diligence with respect to their use.
11.2. Your Representations and Warranties. You represent and warrant that you have the full force and ability to enter into this Agreement and will fully comply with its terms. You also represent and warrant that any User Generated Content that you submit through MAGS services does not infringe the intellectual property rights of third parties. You further represent and warrant that you will not use or share User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of another person's privacy, threatening, harassing, abusive, hateful, racist, or pornographic.
11.3. We work hard to make the MAGS content work on your systems, but we only have limited time to run tests and not always everything is in order. Therefore, we cannot accept any liability for the content of MAGS, except as required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to SAGGER.COM or MAGS services that are beyond our control. However, do not forget that you may be entitled to a refund and refund for MAGS content if technical problems occur, see section 7.3(c).
12. FORCE MAJEURE
Neither you nor we shall be liable for any failure to perform any obligations under this Agreement or to provide access to MAGS services and MAGS content if such failure is caused by the occurrence of any unforeseen event beyond your or our reasonable control, including but not limited to interruption of Internet access, interruption of communication, fire, flood, war or force majeure.
If there are unforeseen events beyond your or our control (war, earthquake, giant flood, alien attack, Godzilla, etc., ok, the last two are jokes), then neither of us will be liable to the other for any obligations that cannot be performed.
13. GOVERNING LAW
For users residing in the European Union and other parts of the world (but not in the US):
13.1 You and we agree that your use of MAGS services and MAGS content and this Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland and that any dispute relating to this Agreement shall be resolved not exclusively by the courts of the Republic of Poland. For any legal claims arising out of this Agreement, the winning party shall be entitled to legal fees and expenses.
Any legal questions/complaints/claims regarding this Agreement shall be governed by the laws of The United States and the non-exclusive jurisdiction of the courts of the United States (for users in the EU and the rest of the world, excluding the U.S.) and the laws and jurisdictions of California (for U.S. users only).
13.2. This choice of applicable law and jurisdiction is subject to any mandatory consumer protection rules or other laws in your jurisdiction of residence that would not otherwise be available.
You always benefit from the protection of mandatory laws that apply to you as a consumer and that would apply in the absence of choice of law or court.
For U.S. users only:
13.3 You and we agree that your use of the MAGS Services and MAGS Content and this Agreement shall be deemed to have been entered into in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California, USA (and, where applicable, US federal law). Any legal claim by you against MAGS will only be filed in any state or federal court located in Los Angeles, California that has subject jurisdiction over the dispute between you and us, and therefore we both consent to the exclusive jurisdiction of those courts. For any legal claims arising out of this Agreement, the winning party will be entitled to legal fees and expenses.
For users in the U.S., California law and jurisdiction apply only.
14. CUSTOMER SERVICE AND DISPUTE RESOLUTION
14.1.If you have any doubts, claims or problems with us, we hope that we will be able to resolve them quickly and amicably. Please contact us by e-mail. We will use reasonable and good faith efforts to informally resolve any disputes between us. We undertake to respond to any claims within 14 days.
If you live in the EU and have any doubts or problems, please contact us by email. We hope that we can resolve any complaints with you through informal dispute resolution.
14.2. If the problem is not solved within this time, the next steps depend on where you live. If you live in the EU, you can submit your legal claims to an online dispute resolution platform operated and made available by the European Commission, which can be accessed through http://ec.europa.eu/consumers/odr/ to reach an out-of-court settlement or initiate legal proceedings.
14.3. If you live in the US or the rest of the world (but not in the EU), please contact us at [email protected].
15. CHANGES TO THIS AGREEMENT
15.1 We may amend this Agreement if we deem it necessary, e.g. for legal reasons or to reflect changes to MAGS services or MAGS content. If so, we will make the revised Agreement available online on the https:// SAGGER.COM page and (if you have a MAGS account) send you an email informing you of the changes.
We may change this Agreement, but if we do, we will post the revised version online and it will usually take effect within a reasonable period of time. We will also send you an email (if you have a MAGS account).
15.2 Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you can contact us at [email protected] if you have specific questions about the changes.
If you have any problems with our changes, please contact us so that we can talk to you. Don't be angry with us!
15.3 If you do not agree to these changes (whether or not you send us an email), we unfortunately need to ask you to stop using MAGS services and MAGS content. We're sorry to have to say this, but we hope you appreciate that for MAGS services to work properly, we need to have everyone using them on the same terms, not different people with different rules. Therefore, we encourage you to contact us if you have questions or concerns.
15.4 To let you know that we will never make many changes to this Agreement, we will not tell you what they are and we will not force you to agree to changes that you do not understand before you can use the services of MAGS!
16. TERMINATION
16.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without cause by completely ceasing to use MAGS services. If you would like us to delete your account, please contact our support team. Termination will not affect any existing rights or obligations of us or you.
You may terminate this Agreement by simply ceasing to use MAGS services permanently.
16.2. Our right to terminate the Agreement. In the event of a material breach of this Agreement, we reserve the right to suspend or terminate your access to MAGS services and MAGS content. By a material breach of the Agreement we mean a serious breach that could cause significant damage to MAGS users, as well as in particular a breach of the provisions of paragraph 11 above. If we suspend or cancel your access to MAGS services or MAGS content, we will take reasonable steps to contact you to explain why we have done so and what (if any) you can do in relation to it.
In the event of a serious breach of this Agreement, you may lose access to MAGS services (temporarily or permanently).
16.3 This seems very unlikely, but if we have to permanently stop providing access to MAGS services and MAGS content (not due to any breach by you), we will endeavor to give you at least sixty (60) days' notice by posting a note on www.SAGGER.COM and sending an email to any registered user – during which time you should be able to download any purchased MAGS content.
In the very unlikely event that we need to stop running MAGS, we will do our best to notify you in advance so that you can download and safely store all DRM-free content.
17. OTHER LEGAL ISSUES
17.1 If any part of this Agreement is found to be legally unenforceable, no other part of it will be affected.
This section sets out some additional, hopefully understandable, principles for the legitimate functioning of this Agreement.
17.2 This Agreement (including any additional MAGS terms referred to herein) and the MAGS Privacy Policy constitute the entire agreement between you and us and supersede any prior oral or written agreements. If you do not agree with this, please contact us as soon as possible after you have started using MAGS services in [email protected] otherwise it will be binding on you after a reasonable period of time (usually 30 days).
This Agreement and our Privacy Policy are an agreement between you and us. If something is missing, please contact us as soon as possible, otherwise it will be legally binding.
17.3 This Agreement governs our relationship with you (and vice versa). It doesn't create any laws for anyone else.
17.4 Please note that we are subject to various laws and may be required to comply with law enforcement or other legal requirements.
17.5 In the event of a reorganization, sale or merger of MAGS, it may be necessary to work with relevant third parties to transfer or merge your MAGS account.
17.6. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement
17.7 We may assign, subcontract or transfer this Agreement to a third party or other member of our group if necessary to support GOG, as part of a reorganization or merger, or for other business reasons. We will notify you if this happens.
17.8. If you are a citizen of the European Union, please note that MAGS has enabled the cross-border portability of free and paid content in accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on the cross-border portability of online content services in the internal market, but this is subject to all other legal requirements regarding MAGS, including the protection of intellectual property, and may also be subject to any requirements of GOG's developer partners and publishers.
18. OUR CONTACT DETAILS
If you have any complaints about your MAGS account, MAGS services or just want to contact us, here are our contact details:
Name: Media Alliance Gaming Studio sp. z o.o.
E-mail: [email protected]
EULA
"ENGLISH" VERSION
1. USE OF MAGS SERVICES AND MAGS CONTENT
1.1 We give you and other MAGS users the personal right (known legally as a ‘license’) to use MAGS services and to download, access and/or stream (depending on the content) and use MAGS content. This license is for your personal use. We can stop or suspend this license in some situations, which are explained later on.
You have the personal right to use MAGS content and services. This right can be suspended or stopped by us in some situations.
1.2 When you buy, access or install MAGS games, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User License Agreement).
1.3 Using certain third-party scripts is recommended for your full use of MAGS functionality and, although that usage is optional, we cannot promise full service performance without them.
You can (optionally) use certain third-party scripts to improve website performance – don’t worry, we don’t mean anything fiendish here! Just regular website scripts.
1.4 If you are over 18 years old, welcome! If you are between 16 and 18 years old, before we greet you equally warmly, ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries, persons under a certain age cannot legally enter into agreements such as this Agreement). If you are under the age of 16, you cannot have a MAGS account or use MAGS services, as we cannot legally process children's personal data without the special consent of a parent or guardian (but your parents/guardians can register).
If you are under the age of 18, you need parental/guardian consent to use MAGS services. We know it sounds a little silly – no, no – it's not our invention, but actually a legal requirement.
2. MAGS ACCOUNT
2.1 To buy MAGS content from MAGS services, and in some cases to play/use MAGS content where our partners require use of a MAGS account, you will need to set up a MAGS account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your MAGS account settings you can also optionally set your country of residence, birthday.
To buy MAGS content you will need to set up a MAGS account. Make sure to keep your password safe! Check out our Privacy Policy too (link opposite).
2.2 You can use your MAGS account to set up a public profile accessible by other people. You can also use your MAGS account to connect with other MAGS users. Please act sensibly and remember you are responsible for your own actions.
Your MAGS account will have a public profile and you can communicate with other MAGS users. Be sensible and careful!
2.3 Your MAGS account and MAGS content are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to MAGS’s rules which are set out here, as updated or amended when necessary.
Your MAGS account and content are for you only – there are rules about how to use them (see opposite).
3. SYSTEM REQUIREMENTS
3.1 Since MAGS gives the user access to many different services and games created at different times and through different platforms, we cannot provide a single set of system requirements for all MAGS services or MAGS content. Make sure your computer and internet connection are good enough to use MAGS services and play MAGS games and videos.
3.2 We can say that the use of any MAGS game will require a computer equipped with a mouse and keyboard (touch screen control is not supported), with the appropriate operating system (see the relevant MAGS product page) with all service packs and important updates installed on it. All MAGS games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications listed on the MAGS product page. MAGS games are not tested on virtual machine software and therefore do not support playing through them.
3.3 For MAGS videos, make sure that the video player supports the video format specified on the MAGS product page.
3.4 If you have questions about system requirements, please contact us. To be clear, you are responsible for making sure that you have enough internet access to download purchased MAGS games or MAGS videos from us or stream MAGS videos, and that your system can play MAGS games and watch MAGS videos.
4. BETA VERSIONS
As MAGS develops, we may offer you optional access to "beta" versions of MAGS software or services (e.g. new versions of the MAGS application made available before its general release) or MAGS content (more on this later).
Here are the rules:
a) We (or any relevant publisher/partner) will determine the terms and requirements for access to the beta. Providing and maintaining the beta and who can use it is at our discretion.
b) You may need to go through the registration process or other requirements to access the beta version (and this may include meeting eligibility criteria).
c) Betas will be limited in time and there may be additional contractual requirements.
d) Beta may include temporary or permanent cleaning of the server/progress/content, resetting or correcting.
e) The beta version may be subject to confidentiality restrictions (which you will be notified in advance, if so).
f) You may be invited to participate in the beta feedback process – this is completely optional, but it would be really valuable.
g) The beta version is for use and enjoyment, so it may not be sold, rented or otherwise transferred to anyone else.
h) The purpose of accessing the beta is to allow you to try something new, but we expect you to realize that it will not be complete yet. Accordingly, beta versions will be provided "as is" without any additional promises on our part or any liability on our part if they are not complete or do not work fully or cause problems. Beta versions may not be completely complete, and features may be changed, modified, or removed during the beta.
We may provide access to MAGS content in beta/pre-release. For example, a publisher/partner may choose to release a game or part of a game in beta, or may join our "Games in Development" program (see sections 7.6-7.8 below). Any such MAGS content will also be subject to this policy, unless the relevant publisher specifies its own rules (which will take precedence over these rules).
We may offer beta access to new versions of MAGS software or services. Beta versions are not complete and we are not responsible for what happens when you use them. Do not be afraid, they should not blow up the computer!
5. PAYING FOR MAGS CONTENT AND RECEIVING REFUNDS
Paying for MAGS content
5.1 Surprise, once you decide you like a MAGS game, MAGS video or other MAGS content, you will usually have to pay for it before you can access it (although we also have some free content!). You can pay in a variety of ways: (i) with a valid debit or credit card; or (ii) use PayPal or other authorized payment service providers. Keep your payment information secure.
You can use a debit/credit card, PayPal or other local payment methods to make purchases. Keep your payment information secure.
5.2 When you use a payment method to purchase MAGS content, we rely on your promise that you can use that method. You are responsible for any purchases made using your MAGS account or payment method and agree to the pricing, payment and billing policies applicable thereto that you were notified of at the time of purchase. All payments are non-refundable and non-transferable, except as expressly set forth in this Agreement. Children – Your parent or guardian must approve each purchase they make.
You are responsible for your purchases. Children - do not forget to first get parental consent.
5.3. All prices are visible on the product catalogue page. These include legally binding sales taxes/VAT.
MAGS Coupon Codes
5.4. We may also issue time-limited coupon codes that provide free or discounted access to MAGS content (we will call them "Coupon Codes"). If you receive Coupon Codes when you purchase MAGS content, but later decide to return that MAGS content, we think it is fair to return the coupon codes as well. Therefore, we will terminate it or, if it has been exchanged for a MAGS game, this game will be removed from your account.
If you decide to return or exchange MAGS content that came with coupon codes, we think it's fair to ask you to return them.
Distribute directly to your account
5.5 We have a direct distribution to account feature (we call it "MAGS Direct to Account") whereby the distribution platforms that work with us will be able to sell you games or other content, where you can choose to have that game/content automatically activated in your MAGS account, without having to use any codes. To be clear, the entire purchase process is handled by the second platform, so in case of any problems with the purchase process, please talk to them directly. Therefore, in this particular case, we cannot offer you our Voluntary Return Policy (because MAGS did not sell the game/content). Of course, everything related to the services of our platform is still our responsibility.
With our MAGS Direct to Account feature, we can activate the game/content you buy on the relevant distribution platforms directly from your MAGS account – cool!
6. RETURNS AND RETURNS
Statutory rights to reimbursement
6.1. If you are a resident of the European Union or other relevant jurisdictions (except the USA), you have the statutory right to withdraw from the purchase of MAGS content within 14 days of purchase, without giving any reason. However, this does not apply if you have expressly consented to the operation of MAGS content (which is digital content) starting immediately after the completion of the purchase process and have confirmed the loss of your right of withdrawal.
If you are an EU resident, we are obliged to inform you about the statutory right of withdrawal, but still our voluntary policy is better.
6.2. Neither this nor any other part of this User Agreement affects your statutory rights. New Year's Day:
a) For Australian users: Our goods are covered by warranties that cannot be excluded under Australian consumer law. You have the right to a replacement or refund for a major accident and compensation for any other reasonably foreseeable loss or damage. You also have the right to repair or replace the goods if the goods are not of acceptable quality and the failure does not constitute a major breakdown. Details here
b) For New Zealand Users: Neither this nor any other part of this User Agreement excludes, restricts or modifies the application of any rights or remedies that cannot be excluded, limited or modified in this way, including the rights granted by the New Zealand Consumer Guarantees Act 1993. According to this law, there are guarantees that include that the goods and services are of acceptable quality. If this warranty is not met, there are rights to repair the software (which may include repair, replacement, or refund). If a remedy cannot be provided or the failure is material, the law provides for a refund.
In some jurisdictions, you may have statutory rights in relation to your purchase, e.g. Australia or New Zealand (see following)
Our Voluntary Return Policy
6.3. We understand that sometimes a purchase doesn't work out the way you expected and we want to be fair to MAGS users. Therefore, in addition to your statutory right to a refund, we may offer you a Voluntary Refund Policy. In rare cases, if we have reasonable doubts about a refund request, we may not apply the Voluntary Return Policy. Under no circumstances will this deprive you of any applicable statutory rights to a refund. The sale is considered final after the expiration of the refund rights (unless we agree otherwise in individual cases).
We will be happy to offer you our assistance in accordance with our Voluntary Return Policy in addition to your statutory return rights (see details opposite
7. PATCHES, UPDATES AND CHANGES
From time to time, you may need to correct or update MAGS services or MAGS content (for example, to add or remove features or fix software errors). We need these rights for MAGS to work efficiently. Our Partners may use MAGS services to make corrections or updates to relevant MAGS content.
From time to time, we may need to patch or update the way MAGS services or content work.
8. RULES FOR USING MAGS SERVICES
8.1 Please comply with these MAGS Rules and MAGS Content. Please read this policy carefully, as failure to comply with it (in particular in connection with cheating) will be considered a material violation of this Agreement, which may lead to suspension or cancellation of access to MAGS services. Here are the rules:
a) Use MAGS services or MAGS content solely for your own pleasure (for example, do not use them to make money or for political purposes).
(b) As for MAGS content, what you can do practically (which includes modifying, merging, distributing, translating, restoring source code, decompiling, disassembling or creating derivative works) depends on what the mags content rights holder allows you to do (MAGS cannot grant such rights), so check it directly with the rights holder (the first thing you should do, it's to see if they have a EULA, and if so, what it says). We also ask that you only make authentic attempts to improve the MAGS content.
(c) With respect to THE MAGS services (including THE MAGS software), unless you have the prior consent of MAGS, you should not modify, combine, distribute, translate, reverse engineer, decompile, disassemble or create derivative works based on them – unless this Agreement or the laws of your country permit it. We would like to point out that you can contact us for permission to do so and we will review these requests and respond to them in good faith. In general, at some point in the future, we want to open client protocols to make it easier for users to work with MAGS data/software without the need for reverse engineering or similar techniques.
(d) You must not hack, harm, regret, interrupt or misuse MAGS services or MAGS content, MAGS users or MAGS personnel or use them for similar purposes.
(e) Not to create, use, share and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that in any way interacts with or affects the MAGS services or MAGS content (including, without limitation, any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs, that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS or its partners and MAGS services and/or any unauthorized third-party programs that intercept, emulate or redirect any communication between MAGS collecting information about MAGS Services).
(f) You must not interfere with the OPERATION of MAGS or third party network software or other software, including by tunneling, injecting code, modifying or altering MAGS software, using other similar software along with MAGS services or MAGS content, by emulating a protocol, or by creating or using private servers relating to MAGS services or MAGS content. Do not access or attempt to access areas of SAGGER.COM, mags, or MAGS servers that have not been made available to the public.
(g) Do not do or say anything that is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be kind to each other, please!
(h) Do not share, buy, sell, transfer, gift, lend, steal, misappropriate or abuse MAGS accounts. MAGS keys/codes may only be transferred, transferred or used in a manner permitted by MAGS. If you have any questions or problems, please contact customer support.
(i) Please comply with any applicable geographical or regional, language or location restrictions, requirements or MAGS rules.
(j) Please do not take any action in connection with MAGS that infringes any copyrights, trademarks, patents, trade secrets, privacy, advertising or other rights of others, such as images, photos, sound files, text files, image files and any other materials or information.
MAGS services and content are here for your personal enjoyment and we ask you to use them exclusively for this purpose. For example, do not interfere with or hack MAGS services. Don't do or say things that are offensive or illegal.
9. USER GENERATED CONTENT
9.1 This section applies to content (e.g. text, images or links) that you make available to us or other MAGS users through MAGS services (for example, through a profile picture or messages to other MAGS users). We'll call this "User Generated Content."
You are the owner of the user-generated content used in MAGS services. Make sure that this does not infringe any rights of third parties.
9.2 As far as we and you are concerned, you own any User Generated Content, but we must give us certain limited rights to it so that we can actually transmit it through MAGS services. Accordingly, we ask you to grant us a non-exclusive, irrevocable license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform User Generated Content in connection with MAGS services.
9.3 It is your responsibility to ensure that you have all the necessary rights before using user-generated Content and to check that it is safe to use - we cannot know this ourselves and we cannot verify it, so we have to rely on you.
9.4. However, we have the right (but not the obligation) to review and, if appropriate or legally necessary, to remove any User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of another person's privacy, threatening, harassing, offensive, hateful, racist or pornographic. If you determine that such content has been posted on MAGS services, please let us know by contacting us at [email protected].
If you find that illegal or inappropriate content has been posted on MAGS services, please let us know.
10. FEEDBACK OR SUGGESTIONS
10.1 You are welcome to provide us with feedback and suggestions for improving the MAGS services, and we really value them all. However, to be clear, we don't have to use or accept them and we won't owe you anything (financially or otherwise) in relation to them.
It's fun to send us feedback and suggestions for MAGS services, thank you! But please don't be disappointed if we don't use them or reward you for them.
11. WARRANTIES AND LIMITATIONS OF LIABILITY WITH RESPECT TO MAGS SERVICES
11.1 We warrant that: (i) we have the right to enter into this Agreement and grant you the license to use the MAGS services referred to in section 2.1; and (ii) we will exercise due diligence with respect to the MAGS services and your use of them; and (iii) we will use reasonable efforts to comply with applicable laws when performing our obligations to you under this Agreement.
We make legally binding promises (called "warranties") regarding MAGS services, for example, that we will exercise due diligence with respect to their use.
11.2. Your Representations and Warranties. You represent and warrant that you have the full force and ability to enter into this Agreement and will fully comply with its terms. You also represent and warrant that any User Generated Content that you submit through MAGS services does not infringe the intellectual property rights of third parties. You further represent and warrant that you will not use or share User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of another person's privacy, threatening, harassing, abusive, hateful, racist, or pornographic.
11.3. We work hard to make the MAGS content work on your systems, but we only have limited time to run tests and not always everything is in order. Therefore, we cannot accept any liability for the content of MAGS, except as required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to SAGGER.COM or MAGS services that are beyond our control. However, do not forget that you may be entitled to a refund and refund for MAGS content if technical problems occur, see section 7.3(c).
12. FORCE MAJEURE
Neither you nor we shall be liable for any failure to perform any obligations under this Agreement or to provide access to MAGS services and MAGS content if such failure is caused by the occurrence of any unforeseen event beyond your or our reasonable control, including but not limited to interruption of Internet access, interruption of communication, fire, flood, war or force majeure.
If there are unforeseen events beyond your or our control (war, earthquake, giant flood, alien attack, Godzilla, etc., ok, the last two are jokes), then neither of us will be liable to the other for any obligations that cannot be performed.
13. GOVERNING LAW
For users residing in the European Union and other parts of the world (but not in the US):
13.1 You and we agree that your use of MAGS services and MAGS content and this Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland and that any dispute relating to this Agreement shall be resolved not exclusively by the courts of the Republic of Poland. For any legal claims arising out of this Agreement, the winning party shall be entitled to legal fees and expenses.
Any legal questions/complaints/claims regarding this Agreement shall be governed by the laws of The United States and the non-exclusive jurisdiction of the courts of the United States (for users in the EU and the rest of the world, excluding the U.S.) and the laws and jurisdictions of California (for U.S. users only).
13.2. This choice of applicable law and jurisdiction is subject to any mandatory consumer protection rules or other laws in your jurisdiction of residence that would not otherwise be available.
You always benefit from the protection of mandatory laws that apply to you as a consumer and that would apply in the absence of choice of law or court.
For U.S. users only:
13.3 You and we agree that your use of the MAGS Services and MAGS Content and this Agreement shall be deemed to have been entered into in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California, USA (and, where applicable, US federal law). Any legal claim by you against MAGS will only be filed in any state or federal court located in Los Angeles, California that has subject jurisdiction over the dispute between you and us, and therefore we both consent to the exclusive jurisdiction of those courts. For any legal claims arising out of this Agreement, the winning party will be entitled to legal fees and expenses.
For users in the U.S., California law and jurisdiction apply only.
14. CUSTOMER SERVICE AND DISPUTE RESOLUTION
14.1.If you have any doubts, claims or problems with us, we hope that we will be able to resolve them quickly and amicably. Please contact us by e-mail. We will use reasonable and good faith efforts to informally resolve any disputes between us. We undertake to respond to any claims within 14 days.
If you live in the EU and have any doubts or problems, please contact us by email. We hope that we can resolve any complaints with you through informal dispute resolution.
14.2. If the problem is not solved within this time, the next steps depend on where you live. If you live in the EU, you can submit your legal claims to an online dispute resolution platform operated and made available by the European Commission, which can be accessed through http://ec.europa.eu/consumers/odr/ to reach an out-of-court settlement or initiate legal proceedings.
14.3. If you live in the US or the rest of the world (but not in the EU), please contact us at [email protected].
15. CHANGES TO THIS AGREEMENT
15.1 We may amend this Agreement if we deem it necessary, e.g. for legal reasons or to reflect changes to MAGS services or MAGS content. If so, we will make the revised Agreement available online on the https:// SAGGER.COM page and (if you have a MAGS account) send you an email informing you of the changes.
We may change this Agreement, but if we do, we will post the revised version online and it will usually take effect within a reasonable period of time. We will also send you an email (if you have a MAGS account).
15.2 Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you can contact us at [email protected] if you have specific questions about the changes.
If you have any problems with our changes, please contact us so that we can talk to you. Don't be angry with us!
15.3 If you do not agree to these changes (whether or not you send us an email), we unfortunately need to ask you to stop using MAGS services and MAGS content. We're sorry to have to say this, but we hope you appreciate that for MAGS services to work properly, we need to have everyone using them on the same terms, not different people with different rules. Therefore, we encourage you to contact us if you have questions or concerns.
15.4 To let you know that we will never make many changes to this Agreement, we will not tell you what they are and we will not force you to agree to changes that you do not understand before you can use the services of MAGS!
16. TERMINATION
16.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without cause by completely ceasing to use MAGS services. If you would like us to delete your account, please contact our support team. Termination will not affect any existing rights or obligations of us or you.
You may terminate this Agreement by simply ceasing to use MAGS services permanently.
16.2. Our right to terminate the Agreement. In the event of a material breach of this Agreement, we reserve the right to suspend or terminate your access to MAGS services and MAGS content. By a material breach of the Agreement we mean a serious breach that could cause significant damage to MAGS users, as well as in particular a breach of the provisions of paragraph 11 above. If we suspend or cancel your access to MAGS services or MAGS content, we will take reasonable steps to contact you to explain why we have done so and what (if any) you can do in relation to it.
In the event of a serious breach of this Agreement, you may lose access to MAGS services (temporarily or permanently).
16.3 This seems very unlikely, but if we have to permanently stop providing access to MAGS services and MAGS content (not due to any breach by you), we will endeavor to give you at least sixty (60) days' notice by posting a note on www.SAGGER.COM and sending an email to any registered user – during which time you should be able to download any purchased MAGS content.
In the very unlikely event that we need to stop running MAGS, we will do our best to notify you in advance so that you can download and safely store all DRM-free content.
17. OTHER LEGAL ISSUES
17.1 If any part of this Agreement is found to be legally unenforceable, no other part of it will be affected.
This section sets out some additional, hopefully understandable, principles for the legitimate functioning of this Agreement.
17.2 This Agreement (including any additional MAGS terms referred to herein) and the MAGS Privacy Policy constitute the entire agreement between you and us and supersede any prior oral or written agreements. If you do not agree with this, please contact us as soon as possible after you have started using MAGS services in [email protected] otherwise it will be binding on you after a reasonable period of time (usually 30 days).
This Agreement and our Privacy Policy are an agreement between you and us. If something is missing, please contact us as soon as possible, otherwise it will be legally binding.
17.3 This Agreement governs our relationship with you (and vice versa). It doesn't create any laws for anyone else.
17.4 Please note that we are subject to various laws and may be required to comply with law enforcement or other legal requirements.
17.5 In the event of a reorganization, sale or merger of MAGS, it may be necessary to work with relevant third parties to transfer or merge your MAGS account.
17.6. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement
17.7 We may assign, subcontract or transfer this Agreement to a third party or other member of our group if necessary to support GOG, as part of a reorganization or merger, or for other business reasons. We will notify you if this happens.
17.8. If you are a citizen of the European Union, please note that MAGS has enabled the cross-border portability of free and paid content in accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on the cross-border portability of online content services in the internal market, but this is subject to all other legal requirements regarding MAGS, including the protection of intellectual property, and may also be subject to any requirements of GOG's developer partners and publishers.
18. OUR CONTACT DETAILS
If you have any complaints about your MAGS account, MAGS services or just want to contact us, here are our contact details:
Name: Media Alliance Gaming Studio sp. z o.o.
E-mail: [email protected]