1.1 These terms apply to your download, access and/or use of aquagamez, whether on your computer, on a mobile device, on our website www.aquagamez.com or any other website, device or platform. These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time such as mahjongmagicfantasy.com (we refer to all our Games and other services collectively as the “Services” in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.3 In these terms references to “aquagamez”, “we”, “us” and “our” are references to either aquagamez LLC., these terms represent a legal agreement between you and aquagamez LLC., a Korean company with registered office address at 206, Baekhyeon-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea, (company registration number 131115-0000413 and VAT number 253-81-01000).
1.5 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.6 You can access the latest version of these terms at any time at about http://aquagamez.com/terms.html. We can make changes to these terms at any time, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.
4.1 Our Games may include virtual currencies such as gold cans and gems (“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.
4.2 You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.
4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a aquagamez account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
4.5 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or aquagamez account. Accordingly, any risk of loss of this data is transferred to you:
4.6 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.7 We may revise the pricing for Virtual Goods and Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Money or Goods that may be purchased at any one time, and/or limit the total amount of Virtual Money or Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Goods from us or our authorized partners through the Services, and not in any other way.
4.8 Depending on your platform, any Virtual Goods or Virtual Money purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
4.9 Without limiting paragraphs 3.7, 4.4 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
4.10 The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, carrier billing and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user “Content”. You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
5.5 You agree that you will not:
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Services.
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.2 Where aquagamez selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8.1 We do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
10.2 We are not responsible for:
10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
10.4 Subject to paragraph 10.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
10.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
11.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
11.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
11.5 By submitting Content via our Services you:
11.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org.
14.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
15.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
16.1 You can find these terms at any time by visiting http://aquagamez.com/terms.html
16.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
17.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
18.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
19.1 Most concerns can be solved quickly by contacting us at email@example.com
19.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Korea.
20.1 If you have any questions about these terms or our Services you may contact us by email at firstname.lastname@example.org.
These terms were last updated on 30 May 2018.
©aquagamez LLC. “aquagamez” is a registered trade mark of aquagamez LLC. All rights reserved.
This policy describes how we and our other group companies (referred to collectively in this policy as “aquagamez” or “we”, “us” and “our”) collect, use, process and share information that aquagamez collects about you. Our business is constantly evolving and so this document may change from time to time. Please come back to this page every now and then to make sure you are familiar with the latest version. Any new policy will be effective from the date it is published by us.
This policy applies to all of our games, whether played on our website www.aquagamez.com, on mobile devices, PC or on other platforms such as Facebook. It also applies to our advertising activities on all platforms as described below and other services that we may provide to you from time to time. In this policy we refer to our games, websites, advertising activities and other services collectively as our “Services”. Certain of our websites, such as our Investor Relations website, may have different privacy policies in relation to any information collected through those sites. The privacy policies applicable to those sites will be available on those sites.
For information collected under this policy, the data controller is aquagamez LLC.. Other companies within the aquagamez group may also collect or have access to and use information about you for the purposes described in this policy.
As set out in the terms and conditions relating to our Services, you must be at least 13 years old to access and/or use our Services. We do not knowingly collect personal data about children under the age of 13.
We collect information from a number of different sources, but most of it comes directly from you when you play our games, or interact with our websites, advertising or other Services. Broadly the information we collect about you relates to the type of device you are using, how you play our games (such as levels attempted and purchases made), other games or apps you use on your device and may include information that you submit when creating an account with us or which you allow us to access when you connect to your social network accounts through our games or Services. We may also collect information from advertising platforms and partners and other third parties such as information about purchases and interests.
In more detail, depending on which of our Services you interact with we may collect and process the following types of information:
Finally, we may collect some of the information types referred to above on an aggregated or anonymised basis, or we may use it or share it in an aggregated or anonymised way, for research or analysis into the way our Services operate and are used.
Logging in with Facebook will not allow us to post anything to your Facebook page without your permission. In the future we may also allow you to associate your aquagamez Profile with other social network accounts and use your log in details for that account to log into your aquagamez Profile. Where we do this, either we or your social network service provider will let you know what information we will receive about you from that social network.
If you choose to play our games online on the desktop version of Facebook.com, your basic Facebook account information will automatically be associated with your aquagamez account. You can control how your Facebook information is used and shared with your Facebook friends in your Facebook account settings.
You can make changes to what data a third party social network or platform shares with us, or stop our Services interacting with that social network or platform by adjusting your settings with that third party provider, however you may find you are not able to enjoy all of the same features of our Services.
We, our suppliers and group companies may use the information we collect about you for a number of purposes. These include providing our games and other services to you, optimising the games and services we provide, enabling in-app purchases, storing your progress through our games, enabling social network integration, providing customer service support when you need it. We also use your information in connection with our advertising purposes. For more information, see below. We may also use your information for research or analysis. Finally, there may also be other reasons why we need to use your information, such as maintaining records or protecting our legal rights. A more detailed description of how we use your information is set out below.
We promote our own games and services in a number of ways. That might include cross promoting one of our games while you are playing a different game of ours. It might also include advertising our games within websites and other media published by others, or sending you marketing materials by email.
Like many companies, we may use information about you in connection with advertising. This includes using information that we have about you, such as the games you play, to try to make sure you only see advertising that might be of interest to you. For example, if we know you play Mahjong Magic Fantasy, we might suggest that you continue the adventure in other our game by showing you an ad for other our game. We may also use the information that we have about you to help a third party deliver advertisements that are tailored to you based on a determination of your characteristics or interests by us based on the information that we have about you.
As well as advertisements for our own goods and services, we may also facilitate third parties to optimise their advertising of their own goods and services by helping them to target those ads to those that might be most interested in them. These advertisements may be shown within our games or within websites and other media which are published by others and optimised by us or using our information. This is done using anonymised information and we won't hand over or sell any of your personal information to third party advertisers.
We will also use information about your particular device in order to show you adverts which work properly on that device, or to measure the effectiveness of our ad campaigns and we may also retain information about how many times you have seen a particular advertisement so we can stop you from seeing it too many times.
When we advertise our games in games or media published by other companies, we may use various third party advertising partners, including ad exchanges, ad networks and ad servers.
Our advertising partners help us to serve advertisements to you. Some of this technology also helps us to make decisions as to whether or not to show a particular advert to you - for example, by informing us that you have shown an interest in similar goods or services previously.
Advertisers on mobile devices sometimes use advertising (or ad) identifiers to enable and optimise their advertising. Ad identifiers are non-permanent, non-personal device identifiers such as the Android advertising ID and/or Apple's ID for advertising, or IDFA. See below for you can reset these identifiers or indicate your preference that they should not be used for advertising purposes.
You can choose to prevent your device's ad identifier being used for interest based advertising, or you can reset your device's ad identifier, by changing the settings of your device. Settings vary from device to device but you will usually find the ad identifier settings under “privacy” or “ads” in your device's settings.
You can disable cookies through your web or phone browser settings.
Although we and our advertising partners use ad identifiers, cookies and similar technologies to enable us and third parties to provide more relevant advertising to you, these technologies also:
As a result, if you choose to adjust your preferences in order to prevent these technologies, you may find that you cannot enjoy the full use of our services.
Please note that adjusting your preferences as described in this section does not mean you will no longer receive adverts, it only means the adverts you do see will be less relevant to your interests.
Alternatively, if you do not wish us to collect data as described in this section, you should stop using our services.
We will share your information:
Our games and our websites include social features that enable you to interact with other players. These features will enable other players to see your username, your avatar and your progress through our games and other game play related information such as high scores. Depending on your settings in your social network or aquagamez account, other information in your profile may be shared with other players. Also, other players will be able to see anything that you post to any public page, forum or other similarly open feature in our games, websites, community channels or other Services.
We may share your information with our service providers if necessary to enable them to provide services to us.
You have certain rights in connection with your personal information and how we handle it. Details of those rights and how to exercise them are contained in this section.
You have certain rights in relation to the personal information that we hold about you. Those rights include:
We will keep your information for as long as we consider necessary for the purposes described above, or as long as the law allows. We store your information on servers that we control which are primarily based in the European Union. We may also use servers that are located outside the European Union and we may engage partners outside the European Union who will also process and store your information to provide services to us.