Terms & Conditions of Use

THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN MAJESCO ENTERTAINMENT COMPANY (“MAJESCO” OR “WE”) AND YOU (“YOU”). PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING MAJESCO’S WEBPAGE, PRODUCTS, GAMES, SERVICES AND ANY APPLICATIONS OWNED, OPERATED, LICENSED OR CONTROLLED BY MAJESCO AND AVAILABLE THROUGH THE INTERNET, SOCIAL NETWORKING SITES OR YOUR MOBILE DEVICE (COLLECTIVELY THE “SERVICES”). BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND A REQUIREMENT THAT YOU MEET SPECIFIED AGE REQUIREMENTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Scope

Majesco makes the Services available to you subject to these terms and conditions (“Terms and Conditions”).

Changes to These Terms and Conditions

Majesco reserves the right to change or modify any of the Terms and Conditions at any time, in its sole discretion, by posting changes on Majesco’s web site or through the Services. Your continued use of the Services following the posting of such changes or modifications will constitute Your acceptance of such changes or modifications. If You do not agree to these Terms and Conditions or any changes or updates Your only remedy is not to use Majesco’s Services and to cancel any Service you have signed up for.

Majesco reserves the right to discontinue the Services or change the content of the Services with or without prior notice for any reason. You agree that Majesco will not be liable for any discontinuation of or changes to the Services, and You understand that You shall not be entitled to any refund of fees for discontinuation of or changes to the Services.

Account Information

When creating or updating your account information, You are required to provide Majesco with certain personal information, which may include your name, birth date, e-mail address and payment information.  This information will be held and used in accordance with Majesco’s Privacy Policy [INESERT LINK].  You agree that you will supply accurate and complete information to Majesco, and that You will update that information promptly after it changes.

You agree to promptly notify Majesco of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Services. In addition, You agree to exit from Your account at the end of each session. Furthermore, You are entirely responsible for any and all activities that occur under Your account. We will not be liable for any loss that you may incur as a result of someone else using Your password or account, either with or without your knowledge.

Where the Services utilize the account management of a social networking website (such as Facebook), You are responsible for maintaining the confidentiality of Your applicable social networking website password and account, and are fully responsible for all activities that occur under Your account.

Fees and Payment

The Services may include games and/or applications where You will have the opportunity to use ‘coins’ or other online currency (“Virtual Currency”) to license a variety of virtual in-game items (“Virtual Goods”) that can be used while playing such games and/or applications. Such Virtual Goods may have different functions in different games and/or applications.  You may also obtain a license to use Virtual Goods by redeeming virtual currency such as Facebook Credits.

Majesco may change the functions, generality or discontinue the use of Virtual Goods in its sole discretion. If any such change is not acceptable to you, you may stop using the game and/or application. Your continued use of the game and/or application will indicate acceptance of such changes.

Majesco shall have no liability for hacking or loss of Virtual Goods from your Majesco account, provided Majesco will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. Majesco has no obligation or responsibility to and will not reimburse You for any Virtual Goods lost due to Your violations of these Terms and Conditions. Majesco reserves the right, without prior notification, to limit the order quantity on any Virtual Goods and/or to refuse to provide You with any Virtual Good. Verification of certain information applicable to a transaction involving a Virtual Good may be required prior to our acceptance thereof. Price and availability of the Virtual Goods are subject to change without notice. Virtual Goods have no cash value and are not eligible for a refund under any circumstances.

Majesco prohibits and does not recognize any purported transfers of Virtual Currency or Virtual Goods effectuated outside of the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services, unless otherwise expressly authorized by Majesco in writing.  Accordingly, you may not trade, sell or attempt to sell Virtual Currency or Virtual Goods for “real” money, or exchange those items or currency for value of any kind outside of a game, without Majesco’s written permission.  Any such transfer or attempted transfer is prohibited and void, and will subject Your account to termination and the cancellation of all Virtual Goods.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY ARE NON-REFUNDABLE.  REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL GOODS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL CURRENCY OR VIRTUAL GOODS. ALL VIRTUAL GOODS AND CURRENCIES ARE FORFEITED IF YOUR ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, IN MAJESCO’S SOLE AND ABSOLUTE DISCRETION, OR IF MAJESCO DISCONTINUES PROVIDING THE SERVICE.

Mobile Devices

You understand and agree that some of the Services may be made available through your phone, tablet computer, or other mobile device (“Mobile Device”).  Your Mobile Device along with your phone carrier will have other terms and conditions that apply to its use as well as standard charges for data, voice, and other messaging.  Using the Services on your Mobile Device may incur such charges.

Age Requirement

Many of our Services are not intended for use by children under 13 years of age. If you are under the age of 18, You represent and warrant that Your legal guardian has reviewed and agrees to these Terms and Conditions.

Privacy Policy

You understand and agree that Majesco may collect personally identifiable information in connection with the Services. Please review Majesco’s Privacy Policy [INSERT LINK]to learn how Majesco collects and uses personal information. You agree that we may communicate with You regarding the Services, Majesco, and its partners by SMS, text message or other electronic means to Your mobile device or Your personal computer. If You do not agree to each and every part of Majesco’s Privacy Policy, then You should not use the Services or submit any personally identifiable information through the Services.

Ownership

The Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, server software, and Virtual Goods) are copyrighted works owned by Majesco and its licensors. Majesco reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services.

Limited License

You are granted a nonexclusive, revocable, limited, non-transferable and non-sublicensable license to use the Services for personal, non-commercial use. Such license does not include: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services, (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Services or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Services (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Services other than for its intended purpose.

Your use of and access to the Services is subject to all applicable local, state, national and international laws and regulations, and You agree not to violate such laws and regulations in Your use of and access to the Services. In addition, You agree that: (a) You will not interfere with another user’s use and enjoyment of the Services; (b) You will not interfere with or disrupt Majesco's security measures; (c) You will not interfere with or disrupt networks connected to Majesco and will comply with all regulations, policies and procedures of such networks; (d) You will not use the Services to infringe the intellectual property rights of anyone; and (e) You will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of Your dealings with Majesco.

Conduct Requirements

The Services may include features or functionality that may be used to communicate with other users of the Service or to otherwise post or transmit information or content (the “User Content”). For example, the Service may allow You to send email messages or other communications to other users, or to post information to the sites of the Services. You agree to use the Services in accordance with the following conduct requirements:

  • You may not transmit or post User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or racially or ethnically or otherwise objectionable.
  • You may not transmit or post User Content that would constitute, encourage or provide instructions for a criminal offense, violate any party’s rights, or that would otherwise create liability or violate any law or regulation in any jurisdiction worldwide.
     
  • You may not transmit or post User Content that may breach any contractual or fiduciary relationship or that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party.
     
  • You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
     
  • You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside.
  • You may not forge message headers or otherwise disguise, or attempt to disguise, the existence, source or destination of any User Content that you transmit or post.
  • You may not engage in unsolicited promotions, political campaigning, advertising or solicitations.
  • You may not transmit or post private information of any third party, including, without limitation, addresses, telephone numbers, credit card numbers, email addresses and any unique identifier such as a Social Security number.
  • You may not transmit or post any viruses, corrupted data or other files.
  • You may not transmit or post any User Content that, in the sole judgment of Majesco, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or any related features or services.
  • You may not transmit, post or otherwise cause, instigate or assist in the distribution of spam.

Majesco takes no responsibility and assumes no liability for any User Content transmitted or posted by You or any third party, or for any loss thereof or damage thereto. Majesco is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Your use of the Services and the web sites and any related features or services is at Your own risk. As a provider of interactive services, Majesco is not liable for any statements, representations, information or content provided by its users in any public forum, personal home page or other location.

Although Majesco has no obligation to screen, edit or monitor any information or content transmitted or posted by Service or web site users, Majesco reserves the right, and has absolute discretion, to remove, screen or edit any information or content transmitted or posted on or through the Service and its web sites and any related features or services at any time and for any reason without notice.

You are solely responsible for creating backup copies of and replacing any information or content that You post or store on or through the Service or any related features or services at Your sole cost and expense. You represent and warrant that (a) you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that You transmit or post on or through the Service, the web sites and any related features or services; (b) such information and content is accurate and not misleading; and (c) use and posting of the information and content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Any use of the Services in violation of the foregoing conduct requirements is strictly prohibited, can result in the immediate revocation of your limitation license and may subject you to liability for violations of law.  ANY ATTEMPT BY YOU TO DISRUPT OR INTERFER WITH THE SERVICE IS A VIOLATION OF MAJESCO POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Third Party Advertisements

You understand that the Services may feature advertisements from Majesco or third parties.  Majesco’s disclosure information for third party advertising is addressed in Majesco’s Privacy Policy [INSERT LINK].

Majesco may provide links through the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as Virtual Currency and Virtual Goods).  Any charges or obligations you incur in your dealings with these third parties are your responsibility.  Majesco makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from the Services, and will not be liable for any claim relating to any third party content, goods and/or services.  The linked sites are not under the control of Majesco and may collect data or solicit personal information from you.  Majesco is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Furthermore, the inclusion of any link does not imply endorsement of Majesco of these linked sites.

Disclaimer of Warranties

MAJESCO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES OR THE USE THEREOF BY YOU TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES PROVIDED BY MAJESCO ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FURTHER, MAJESCO DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR NOT INTERFERE WITH OTHER FUNCTIONS, FEATURES OR SERVICES ON YOUR PERSONAL COMPUTER.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW MAJESCO IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE MAJESCO SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MAJESCO IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).

IN NO EVENT SHALL MAJESCO, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.

IN NO EVENT WILL THE TOTAL LIABILITY OF MAJESCO OR ANY OF THE ABOVE-REFERENCED PERSONS OR ENTITIES, UNDER ANY THEORY, ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE COMPENSATION YOU HAVE PAID TO MAJESCO DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MAJESCO SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless Majesco, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors from any loss, liability, damages and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with Your use of the Services, any User Content, Your violation of these Terms and Conditions, or Your violation of the rights of any third party.  Majesco reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Majesco, and you agree to cooperate with Majesco’s defense of these claims. 

Dispute Resolution.

Informal Resolution.  To facilitate the resolution of any controversy related to this Agreement (“Dispute”), You and Majesco agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding.  Informal resolution may be completed through a customer service mechanism.  If this fails, additional informal discussions begin upon written notice from you or Majesco.  Majesco will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file.  You will send your notice to Majesco Entertainment Company, 160 Raritan Center Parkway, Suite 1, Edison NJ 08837, attn: Legal Department.

Binding Arbitration.  If you and Majesco are unable to resolve a Dispute through informal discussions, either You or Majesco may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration.  YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, Majesco will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules.  Except as otherwise provided in this Agreement, you and Majesco may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

No Class Action.  You and Majesco agree that any arbitration shall be limited to the Dispute between Majesco and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.

Exceptions to Informal Discussions and Arbitration.  You and Majesco agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Majesco’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, or criminal activity; and (3) any claim by Majesco for injunctive relief.

Venue.  Any arbitration will take place in New Jersey, United States of America.  Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the State of New Jersey, United States of America, and you and Majesco agree to submit to the personal jurisdiction of that court.  Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of New Jersey without regard to its conflict of laws provisions.  Each party hereby waives any claim that such venue is improper or inconvenient.

Miscellaneous

If you violate these Terms and Conditions or if You engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of Majesco or any third party, We may issue you a warning about the violation, or We may choose to immediately terminate or suspend any and all accounts that You have established. You acknowledge that Majesco is not required to provide You notice before terminating or suspending Your access to Service(s), but it may choose to do so.

If Your account is terminated, We may, but are not required to, remove some or all of Your content from our servers. Further, You understand that You shall not be entitled to any refund of fees for such termination of your Majesco account or suspension of Your access to all or part of the Services.

If any provision of these Terms and Conditions is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute Your entire agreement with Majesco with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any Terms and Condition of this Agreement or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms and Conditions, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

Reference or linking to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or affiliation therewith, by Majesco.

Questions/Contact Information.
If you have any questions about these Terms and Conditions, please feel free to give us your feedback through the Services or via mail to Majesco Entertainment Company, 160 Raritan Center Parkway, Suite 1, Edison NJ 08837.