MotionVolt Games Ltd – General Terms & Conditions
These Terms are a legal agreement between you and MotionVolt Games Ltd (referred to as us/we/our in these Terms). The Terms set out how you may use our apps and any games, products, forums and services we offer through the apps and any other similar services which may be offered by us from time to time) or otherwise provided by us (all collectively referred to in these Terms as our “Services“). Please read these Terms carefully.
- Who is MotionVolt Games?
MotionVolt Games Ltd is a company registered in Finland whose registered number is 2671842-4. Our contact details are set out in “How can I contact MotionVolt?” below.
- Why should you read these Terms?
You should read these Terms because they contain our legal commitments to you and a number of DOs and DON’Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.
- If you wish to buy any virtual currency in our Services such as coins or gold bars, you should read our Coins Terms and Conditions.
- If you wish to buy any recurring subscriptions in our Services (“Subscriptions”), you should read our Subscription Terms and Conditions.
- Can MotionVolt change these Terms?
We can update and change these Terms from time to time and the most current version of these Terms will be posted onto the Website and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.
- What do I need to do with my log-in details and how do I close my account?
If you have dedicated log-in details (i.e. you register for our Services and are not logging in through a third party service such as Facebook) you need to keep them safe! You are responsible for maintaining the confidentiality of your user name and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service. We cannot check the identities of people using our Services and will not be liable if your user name and password are used by someone else. If you become aware of any unauthorised use of your username and password, you should notify us immediately via Web Form to; https://www.motionvolt.com/index.php/support/. Please be alert for other websites and services which may pretend to be us or to be associated with us. If in doubt, please contact us.
Fair gameplay is important to MotionVolt. You therefore agree not to share your user name and password with any other user or third party, or knowingly carry out any activity which enables a third party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.
- How do I close my account?
If you no longer want your account, you can close it by contacting our Customer Support team at https://www.motionvolt.com/index.php/support/.
- What am I not allowed to do when using the Services?
You agree to follow the following rules (“the Rules”). You agree that you will notpost, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:
- is a personal attack on other individuals;
- bullies, stalks or otherwise harasses any other user of our Services;
- is vulgar, obscene, or sexually explicit (language or images);
- is a form of cheating;
- encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- infringes and/or violates any right of a third party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity’s use or enjoyment of the Services;
- engages in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing”;
- promotes and/or generates money for yourself and/or any third party business activity;
- impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;
- deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify; or
- does not generally pertain to the designated topic or theme of the Services.
- You may be banned or have your account suspended or terminated if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. In addition, if we believe you have engaged in cheating then we may remove any applicable Coins from your account.
If you believe that another user is violating these Rules, please let us know, using the contact details below. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user’s lack of compliance. You and other users are responsible for your own actions.
We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of the law.
- Who owns the content made available through the Services?
- All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos animations, copyrightable gameplay and texts. Any names, title, logos and designs that contain MotionVolt are exclusively owned by us.
You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.
You acknowledge that some of the Services may allow you to create your own personalised username and avatar and may also allow you to communicate with other users and post messages, images, text and other material (“User Content”) which can be seen by others.
By posting or making available any User Content through our Services, or by sending any User Content to us, you agree us that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further promise us that the availability or publishing of any such User Content as part of our Services will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.
- What is MotionVolt not responsible for?
We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.
We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable.
We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:
- damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
- loss, damage or upset that you suffer as a consequence of the actions of another user;
- loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the Services;
- any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Services, for instance if you lose revenue or salary, profit, opportunity or reputation; and
- any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
- Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud. All Services are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services.
We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
- What happens if I buy or download a MotionVolt game through the iTunes App Store or Google Play?
- You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.
If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.
If you purchase any content through one of our Services via an app, for example Coins or Subscriptions, then the relevant app store provider’s terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.
- Is MotionVolt responsible for third party websites or content?
- On some web pages you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us.
- Is MotionVolt responsible for third party advertising?
- On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. Please report any advert that you find offensive or inappropriate at https://www.motionvolt.com/index.php/support/ and we will investigate the matter.
- What do I do if I think my work is available on any Services but I did not give permission to show it?
If you believe that your work is included in any Services and this is violating your intellectual property rights, please advise us immediately at https://www.motionvolt.com/index.php/support/ and we will investigate the matter.
- What happens if I am not happy with these Terms or the Services?
By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.
We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Finland.
If we are unable to resolve any disputes between us regarding the delivery of services you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- Are there any other legal terms I need to be aware of?
The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.
- You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.
- If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.
- If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date.
- A person who is not a party to these Terms does not have any rights under them.
- How can I contact you?
Please contact us at:
email to: firstname.lastname@example.org
- Do I have to be a certain age to use the Services?
The Services are not directed at children. For some Services you may need to register and should be at least over 13 to do so. If you help someone who is 13 or under to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
Terms and Conditions for the Sale of Coins
Please read these coin terms and conditions (“Coin Terms”) carefully before purchasing any virtual coins, gold bars, tokens or other in-game currency available through or otherwise in relation to our Services (“Coins“). By ordering any Coins, you agree to be bound by these Coin Terms and the Terms. These Coin Terms are in addition to the Terms and if there is a conflict between the Coin Terms and the Terms, the Coin Terms shall apply.
- When do these Coin Terms apply?
These Coin Terms cover your purchase and use of Coins.
Please be aware that a number of our Services have more than one in-game currency. If this is the case, there will be different items which can be purchased with each type of in-game currency, and each may be acquired in different ways.
Coins can only be used in line with these Coin Terms and within the game in which they are purchased or otherwise acquired. You acknowledge that certain additional in-game functionality may only be accessible in exchange for Coins.
These Coin Terms also apply if you are given any Coins because you have participated in a competition or win Coins through playing any of our games.
- Where can I buy Coins?
Some of our games let you buy Coins. You can recognise these games because they have an option to purchase Coins, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Coins and may have temporary offers or sales for Coin purchases.
Please note that when purchasing Coins through one of our games, which you have downloaded from an app store, there may be additional terms and conditions which apply. You may be asked to agree to the app store provider’s own terms and conditions, which will apply in addition to these Coin Terms. We suggest you read app store terms carefully and follow the process provided by the relevant app store.
- I am ready to buy Coins – what do I need to do?
You can buy Coins from us for real money if you are 18 years of age or older or, if you are under 18, have the permission of a parent or guardian. We may ask you to provide the details of your parent or guardian from time to time.
If you want to buy any Coins, please follow the steps set out in the game which you have downloaded. If you experience any difficulties when purchasing Coins, you can email us at: https://www.motionvolt.com/index.php/support/
Please note the following:
- You will be presented with multiple Coin bundles, with different virtual currency options if applicable, and with different prices and amounts of Coins to choose from. Please select the bundle that you wish to purchase, review this selection and, if you are happy, please proceed to check out. If you are purchasing Coins through an app, your payment will be processed through the applicable app store and additional app store terms and conditions may apply.
- The price of Coins is as stated at the time you place your order, except in the case of obvious error. We try and ensure that all Coin prices stated are accurate but errors may occur. The price includes value added tax (where applicable).
- We are entitled to change the purchase price for Coins at any time, before you purchase the Coins. At the time of purchase of Coins, you may be offered additional Coins free of charge. These Coin Terms cover such additional Coins offered free of charge.
- Note that such payment methods are subject to change at the discretion of MotionVolt and the third party payment provider.
- Once you have placed your order, you will receive a thank you message and confirmation on screen. Please notify us immediately if you dispute a transaction for Coins or believe that any transaction occurring on your account is unauthorised.
- All purchased or allocated Coins will be assigned to the associated account through which the purchase or allocation is made.
- How do I spend my Coins?
You can spend your Coins in order to acquire additional features, items, or benefits (“Premium Item”) within the game within which you purchased the Coins. When you use Coins to acquire a Premium Item within a game, the relevant amount of Coins will automatically be deducted from your account that is connected with that game.
The nature and duration of any Premium Items you buy will vary between and within our games. Some Premium Items may only be used a limited number of times within the relevant game.
We can at any time, without notifying you, vary the scope, variety and type of Premium Items. MotionVolt has no obligation to make, or continue to make, any specific Premium Item for any game. We may also restrict or vary the type of Premium Items available to you based on your country of residence.
- What am I not allowed to do with my Coins?
By buying or using Coins, you agree not to:
- transfer Coins between accounts or between you and any other person, except for any MotionVolt authorized and enabled transfers between games;
- transfer or attempt to transfer Coins between two or more accounts in any way; or
- transfer Coins between accounts by any means that attempts to bypass normal playing rules or that is contrary to the general purpose of a game (for example: by using one account to intentionally lose a game to another account for the purpose of transferring credits between the accounts).
- Although users may hold more than one account, it is strictly prohibited to use multiple accounts to hold and use Coins in any manner that is contrary to the general purpose of a game. It is strictly prohibited to sell an account or any Coins to any person.
We may from time to time limit the use of Coins, including applying limits to the number of Coins allocated to your account at any time, and/or the number of Coins redeemable within a given time period.
- What legal terms do I need to be aware of when I am purchasing Coins?
When you buy Coins, you are buying a limited personal revocable licence to use the Coins. You agree that the Coins do not constitute personal property and are not legal tender or currency of any kind. All Coins purchased by you are non-refundable. No interest is paid or earned on any Coins balance.
You have certain rights in respect of the Coins. These include that we have the right to supply the Coins to you and that the Coins will be of satisfactory quality and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Coin Terms is intended to affect these legal rights or other rights to which you may also be entitled.
If we are unable to resolve any disputes between us about your purchase of the Coins or these Coin Terms, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- Can I cancel my order once I have bought my Coins?
By purchasing Coins from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Coins immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.
- What happens to my Coins if my account is suspended or terminated?
We reserve the right to suspend or terminate your account if:
- we or our designated payment processor are unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Coins;
- we or our designated payment processor are notified of or reasonably suspects any cheating, fraudulent, abusive or other unlawful activity whatsoever in relation to your account or Coins balance; or
- you are otherwise in breach of these Coin Terms, the terms of the third party payment service provider or any other Terms.
- If your account has been suspended for the first time, we may remove all of the Coins in your account. If we have reasonable grounds to suspect that you are engaging in unlawful, fraudulent or other improper activity for a second time, we may suspend or terminate your account and any use of your Coins. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.
If your account has been suspended for a second time or terminated, you will lose all of the balance of your Coins. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.
- What do I do if I have not received my Coins?
It is possible that you have successfully ordered and paid for your Coins, but you may not have received them. Please remember that during busy periods, there may be a short delay before your Coins are assigned to your account.
If you are still having issues receiving your Coins and you have not received them after a short period of time, please let us know by contacting customer support at: https://www.motionvolt.com/index.php/support/
- What is MotionVolt not responsible for?
We are not responsible for the following types of loss or damage which may arise from your use of the Coins:
- damage or loss not caused by our breach of the Coin Terms;
- loss or damage which is caused by us when it does not comply with the Coin Terms but which we and you could not anticipate nor expect to happen when you started using the Coins;
- any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Coins, for instance if you lose revenue or salary, profit, opportunity or reputation; and
- any loss or damage if the Coins are not provided to you are interrupted or suspended or if we do not comply with the Coin Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
Subscription Terms and Conditions
- When do these Subscription Terms and Conditions apply?
Some of our Services provide you with the opportunity to purchase a Subscription for access to fixed or dynamic content, premium content and/or Coins on an ongoing basis. Subscriptions may be available at different fees and for different periods of time (the “Subscription Period”) as specified in the Services at the point of purchase. These Subscription Terms and Conditions apply to all such purchases of Subscriptions.
- What legal terms do I need to be aware of for Subscriptions?
Subscriptions are automatically renewing payments that continue until cancelled.
Fees are charged automatically on or before the beginning of each Subscription Period.
A Subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 24 hours before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription Period will be taken during the 24 hours before the expiry of the current Subscription Period.
If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will be automatically cancelled.
- What is a trial period?
Some of our Subscriptions offer a trial period which is free of charge for a certain period of time that is specified in the Services. At the end of such trial period, the Subscription will automatically convert into a paid Subscription for the fees and for the Subscription Period set out in the Services at the time of activation of the trial period. If you do not cancel the Subscription within the trial period therefore, the first Subscription fee will be immediately and automatically charged when the trial period expires. Please note that any paid Subscription begins immediately from the activation of such paid Subscription and not after the expiry of any trial period. Any unused trial period will therefore be forfeited if a Subscription is activated prior to the expiry of such trial period.
- Can I cancel my order once I have bought a Subscription?
You cannot cancel your Subscription for the current Subscription Period as that is activated as soon as you purchase a Subscription. However, you may cancel your Subscription for the next Subscription Period following the steps set out below.
- How can I cancel a Subscription?
You can manage and cancel your subscriptions at any time in the Account Settings of your device. For iOS subscriptions, please see Apple’s support page at https://support.apple.com/en-gb/ht202039 For Google Play subscriptions, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform=Android
- What happens when my Subscription ends?
You will immediately stop receiving any benefits that your Subscription provided including any regular free Coins. You will also lose access to any premium content that is only available for Subscribers.
- Are Subscription fees refundable?
No. Except where required by law or at our sole discretion, paid Subscription fees are non-refundable.
- Can Subscription fees change?
We may modify the Subscription fee at our sole discretion and at any time. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided reasonable prior notice of any change in Subscription fee. If you disagree with the change in Subscription fee, you may cancel your Subscription for the next Subscription Period following the steps set out above.
- Can Subscription content change?
Yes, we may modify the rewards and perks of each Subscription in our Services at our sole discretion.
- Why do I still see advertising when I purchase a “remove ads” Subscription?
We use different types of advertising in our Services. When you purchase a Subscription that states that advertising is removed from a particular Service, it will not remove advertising that you choose to display. This includes rewarded video advertising which is only shown when you select the option to display it.
- I have an issue with my Subscription. Who do I contact?
All billing and transaction processes are handled by the relevant third party distributor or platform such as Apple’s App Store or Google’s Google Play. If you have any payment related issues, then you need to contact such distributors directly. For any other issues, please contact our support https://www.motionvolt.com/index.php/support/