Welcome to Mad Mushroom!
Mad Mushroom Media, Inc., and our subsidiaries that make up the Mad Mushroom group of
companies, is a global publishing company of interactive entertainment headquartered at 1
Chisholm Trail, Suite 450, Round Rock, TX, 78681 (“Mad Mushroom”, “we”, “us” or “our”). These
Terms & Conditions (“Terms”) cover the terms and conditions by which we offer you access to use
our games, apps, products, websites, and other services (the “Services”) as well as Virtual Items
and your Account (as defined in below). These Terms are a legal contract between you and Mad
Mushroom. By accessing our Services, you are agreeing to be bound by these Terms.
Nothing in these Terms is intended to limit or exclude the application of any mandatory consumer
laws in your jurisdiction of residence. If you do not agree to these Terms, you are not permitted to
use the Services or any Virtual Items, or to create an Account.
Please read these Terms carefully, and take particular care when reviewing these Sections:
Section VII — User Rules
Your use of our Services includes the obligation and responsibility to help us ensure that our social
and online gaming experiences are inclusive and respectful for all users and our employees and
contractors. You must follow the rules in Section VII, including the Code of Conduct, while using
the Services, Virtual Items, or your Account.
Section XIII — Mandatory Arbitration
THESE TERMS CONTAINS A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION
AND JURY TRIAL RIGHTS FOR ALL USERS RESIDING IN THE UNITED STATES AND ANY OTHER
TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR THE
TERRITORIES OF THE EUROPEAN ECONOMIC AREA.
FOR COVERED USERS, YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT, WHICH MEANS
THAT YOU AND MAD MUSHROOM WILL BE REQUIRED TO RESOLVE ANY DISPUTE, SUBJECT TO
LIMITED EXCEPTIONS, BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THE ARBITRATION
CLAUSE WAIVES YOUR RIGHT TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTION,
COLLECTIVE ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS. YOU ACKNOWLEDGE
THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND
CLASS ACTION / JURY TRIAL WAIVER.
PLEASE SEE SECTION XIII OF THESE TERMS FOR MORE INFORMATION ABOUT MANDATORY
ARBITRATION AND THE AFFECT ON YOUR LEGAL RIGHTS.
I. YOUR USE OF THE SERVICES
A. AGE RESTRICTIONS
In these Terms, the terms "you" and "your" refer exclusively to the individual user engaging with our
Services. Use of the Services is restricted to individuals who are at least 18 years of age or the age
of majority in your jurisdiction, whichever is higher. It is your responsibility to ensure that you meet
the age requirement for the Service in question. Access to and use of the Services by individuals
under the age of 18 or the legal age of majority in your jurisdiction is strictly prohibited.
By using the Services, you affirm that you are at least 18 years of age or older and possess the legal
authority to enter into these Terms. You also affirm that you will not permit any individual under the
age of 18 or the legal age of majority in your jurisdiction, to access or use the Services under any
circumstances. If you believe we have any data from or about a child under 18, please contact us at
privacy@madmushroom.gg, and we will promptly take the necessary steps to remove all such
data.
You are solely responsible for all actions taken through your use or access of the Services, including
compliance with these Terms. Mad Mushroom disclaims any responsibility for use of the Services
by individuals not meeting the specified age requirements.
B. TERM MODIFICATIONS
We reserve the right to modify these Terms, in whole or in part, at any time. We will endeavor to
notify you of any such modifications in advance of the modified Terms taking effect. If you do not
wish to agree to the modified Terms, you may no longer be able to access the Services once the
modified Terms takes effect. We will try to inform you about this legal consequence when notifying
you of the modified Terms. By actively accepting or continuing to use the Services after the Terms
take effect, you agree to be bound by these modified Terms. If you do not wish to agree to the
modified Terms, you may terminate your use of the Services without any charge being payable to us
(but you remain liable for any unpaid amounts due and payable to any Digital Storefront as set out
in Section V below).
C. YOUR ACCOUNT
Some elements of the Services may require that you create an account, whereas for other Services,
an account may be automatically created for you when you access the Services for the first time
(each an “Account”). To create an Account, you may be asked to provide your age information and
country/region, and then provide an email address, a username, a password, and such other
information as we may deem necessary in connection with the creation of your Account, all of
which will be processed and stored in accordance with our Privacy Policy, available at
https://www.madmushroom.gg/privacy. You must provide accurate, current, and complete
information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates these Terms in accordance with the termination provisions below and to delete any Account information in accordance with our Privacy Policy.
II. LIMITED LICENSE
A. WE RESERVE ALL RIGHTS TO OUR IP
We, and our licensors, own and reserve all rights, title, and interest in and to the Services, Virtual
Items, and your Account (excluding any tangible medium the Services may be supplied on),
including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations,
photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations,
stories, plot, animation, concepts, audio-visual effects, virtual goods and in-game currency
(including Virtual Items), interactive features, gameplay, methods of operation, the compilation,
assembly, and arrangement of the materials of the Services, Virtual Items, or your Account, and all
other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and
trade identities of various parties, including ours; and (3) other forms of intellectual property (all of
the foregoing, collectively “Content”).
B. YOUR PERSONAL, NON-COMMERCIAL USE
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable,
revocable license to access and use the Services, including Virtual Items and your Account, for
your personal, non-commercial enjoyment. The Services, Virtual Items, or your Account, including
the Content, but excluding any tangible medium the Services may be supplied on, are licensed, not
sold. This license is personal to you only and does not give you any ownership rights in any of the
Services, Virtual Items, or your Account (or in or to any of their features or Content).
C. RESTRICTIONS
The limited license granted in these Terms does not give you any right to, and you may not, sell,
copy (except under applicable legal exceptions such as the “private copy” exception under
applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code
from, reverse engineer (except where permitted under applicable legal exceptions deriving from EU
Directive 2009/24 or other applicable law), modify, create derivative works, commercialize, or
otherwise exploit the Services (including the Content), Virtual Items, or your Account unless
subject to separate, express written terms provided by Mad Mushroom permitting such conduct. If
we terminate your Account or these Terms in accordance with the provisions below, any license
from us to you to use the Services, Virtual Items, your Account, or any Content, ends immediately.
D. LEGAL EFFECT
This license describes certain legal rights. You may have other rights under the laws of your state or
country. This license does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
III. VIRTUAL ITEMS
“Virtual Items” means any virtual currency, goods, items, boosts, or effects such as, but not
limited to, coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, apparel,
equipment, trophies, rewards, badges, or any other in-game virtual asset made available,
purchased from a Digital Storefront, earned, or otherwise acquired through the Services. Virtual
Items are licensed under these Terms and nothing herein shall be interpreted as transferring any
rights or ownership interest in such Virtual Items to you. Virtual Items are only available to users in
certain locations, and, unless otherwise stated in your agreement with the relevant Digital
Storefront, you may not purchase or use Virtual Items if you are not in an approved location. Virtual
Items may only be redeemed for content made available through the Services, which is generally
game-specific. Virtual Items have no monetary value, cannot be used outside of the Services, and
may not be sold, transferred or redeemed for real money or items of value outside of the Services
unless subject to separate, express written terms provided by Mad Mushroom permitting such
conduct. We have the right to modify, delete, move, remove, or suspend any Virtual Items at any
time with or without notice to you and with no liability of any kind to you. We may limit the total
amount of Virtual Items that may be held for any one game or that may be held in your Account in
the aggregate. We may limit the period of time during which you may hold or use Virtual Items
related to any particular game or other aspect of the Services. Additionally, the price and
availability of Virtual Items to purchase or acquire are subject to change. You agree that you have no
ownership or other rights in or to any Virtual Items or your Account.
IV. SWEEPSTAKES & PROMOTIONS
From time to time, Mad Mushroom may host sweepstakes, contests, and similar promotions
(collectively, "Sweepstakes") through the Services. Participation in these Sweepstakes is voluntary
and subject to specific terms, conditions, and rules that will be available in conjunction with such
Sweepstakes. These rules may include age restrictions, methods of entry, privacy policies, use of
personal information, and presentation of prizes, among others.
To ensure clarity and compliance, all Sweepstakes will be governed by a separate Sweepstakes
Policy. This Sweepstakes Policy will be made accessible to you prior to your participation in any
Sweepstakes and is hereby incorporated into these Terms by reference. By participating in any
Sweepstakes, you agree to be bound by the applicable Sweepstakes Terms & Conditions
(“Sweepstakes Terms”), which may be amended from time to time by Mad Mushroom at its sole
discretion.
Your participation in Sweepstakes is contingent upon your agreement to the Sweepstakes Terms in
addition to these Terms. Should there be any conflict between these Terms and the Sweepstakes
Terms, the provisions of the Sweepstakes Terms shall prevail with respect to your participation in
the Sweepstakes.
V. PURCHASES & BILLING
A. DIGITAL STOREFRONTS
Some aspects of the Services and some Virtual Items may require you to pay a fee through a
storefront operated by us or a third-party (each a “Digital Storefront”). Your contractual partner in
providing these Services and Virtual Items to you will be the Digital Storefront. Your purchase
through the Digital Storefront is subject to any applicable terms or conditions imposed by the
Digital Storefront (“Storefront Terms”), all of which are incorporated herein by reference. You are
responsible for all charges in relation to your purchase from such Digital Storefront and must
provide accurate and complete payment information to the Digital Storefront. We may suspend or
cancel the applicable Services or supply of Virtual Items if the Digital Storefront informs us that
they did not receive full payment from you after reasonable prior notification, or if you obtain, or
attempt to obtain, refunds in violation of the applicable Digital Storefront’s policies. Suspension or
cancellation of the Services or Virtual Items for non-payment to the Digital Storefront could result in
a loss of access to and use of your Account and any Content or Services. For the avoidance of
doubt, we have no liability to you in the event that your access to any of the Services is terminated
by a Digital Storefront as a result of your breach of their Storefront Terms.
B. DIGITAL PRODUCTS AND SERVICES
Mad Mushroom maintains a strict NO REFUNDS policy for all digital products procured through our
Services, except as mandated by applicable law or expressly stated otherwise in these Terms. This
policy covers all forms of digital content, including but not limited to games, apps, and virtual items
offered by Mad Mushroom. By accessing and using our Services, you acknowledge and agree to this
no refund policy.
C. PHYSICAL MERCHANDISE
1. Shipping Terms: All physical merchandise ordered from Mad Mushroom is dispatched
under the terms of "Free on Board" (FOB). This means the risk of loss for any merchandise
passes to you the moment it departs from our shipment facility. As the recipient, you are
deemed to have taken ownership of the merchandise upon its shipment.
2. International Orders: For international customers, it is understood and agreed that you will
bear responsibility for any applicable import duties, fees, or taxes associated with your
order.
3. Defective Merchandise Returns: In the event you receive defective merchandise, you are
entitled to return the merchandise within 30 days of receipt, provided you return it alongside
a copy of the purchase receipt. The responsibility for covering return shipping charges falls
on you. The specific return process, including any additional return policies, will be
provided alongside your order.
4. Return Process and Discretion: Upon receipt of any returned merchandise, Mad
Mushroom reserves the right, at our discretion, to either repair or replace the returned
item(s) or to refund the purchase price to the original method of payment. It is important to
note that we are under no obligation to accept returns of any merchandise unless such
return is initiated within the 30 day return window and from the original purchaser of the
merchandise.
C. NOTIFICATION OF DELAYS
Should there be an anticipated delay in the delivery of any physical product ordered from us, or in
the availability for download or use of any digital product offered on our Site, Mad Mushroom
reserves the right to inform you of such delay through email, along with an updated anticipated
availability date for the affected product.
VI. USER GENERATED CONTENT
A. USER GENERATED CONTENT
“UGC” includes all digital content or communications that users create, upload, or distribute via
the Services, including but not limited to: text, posts, audio, or audio-visual communications; code,
scripts, textures, models, maps, files, or other assets or documents; photos, images, video, or any
other audio or audio-visual works; and any feedback or suggestions related to the Services. UGC
specifically excludes Custom Content (defined below). You are solely responsible for the UGC that
you create, upload, or distribute via the Services (“Your UGC”) and you hereby represent to us that
Your UGC will not violate these Terms including, without limitation, the User Rules in Section VII.
B. RIGHTS TO UGC
You retain whatever rights, if any, you may have under applicable law in Your UGC. If you do hold
any such rights to Your UGC, including any copyright or other intellectual property interest, then, in
exchange for the rights licensed to you in these Terms, you hereby grant us an irrevocable,
worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify,
adapt, create derivative works based on, publish, distribute, transmit, publicly display,
communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the
Services or for any other commercial and non-commercial purpose related to the Services,
including but not limited to the improvement of the Services, without compensation or notice, for the full duration of the intellectual property rights pertaining to Your UGC (including all revivals,
reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to
Mad Mushroom herein explicitly include the right for Mad Mushroom to allow other users to use
Your UGC as part of our operation of the Services. By creating, uploading, or distributing Your UGC
to or via the Services, you represent to us that you own any rights in and to Your UGC on a sole and
unencumbered basis, and that any such rights you grant to us in this Section VI, and our
exploitation of those rights, will not violate or infringe the rights of any third parties.
C. CONTENT MODERATION; RIGHT TO REMOVE
We have no obligation to host, maintain, support, or distribute any of Your UGC or the Custom
Content that you create. We have not necessarily reviewed and are not obligated to actively monitor
any UGC or Custom Content that may be available via the Services. We do not confirm the security,
quality, or originality of any UGC or Custom Content. UGC and Custom Content do not represent
the views of Mad Mushroom or its management, employees, or any other person associated with
us. You understand that we may modify, take-down, suppress, block, hide, remove, or delete any or
all UGC or Custom Content, and report any illegal UGC or Custom Content and any related user
information to the appropriate authorities. Consistent with our obligations under applicable law, if
we take adverse action against Your UGC or the Custom Content you create from the Services,
suspend or ban your Account, or otherwise restrict your access to some or all of the Services,
Virtual Items or your Account as a result of Your UGC or the Custom Content you create, we will
endeavor to notify you of the same.
VII. USER RULES & CODE OF CONDUCT
For the purposes of this Section VII, “Services” includes Virtual Items and your Account; and
“Material” means Your UGC and any Custom Content you create.
A. APPLICABILITY
For clarity, the User Rules and Code of Conduct in this Section apply to your communications and
interactions with Mad Mushroom’s employees, agents, and contractors including, without
limitation, individuals on our customer support, engineering, security, or community teams.
B. USER RULES
1. Respect Intellectual Property
You agree that you will not use the Services to create, upload, or distribute any Material that
infringes any third party’s copyright, trademark, or other intellectual property rights or otherwise
violates the terms of this Section.
2. No Illegal Conduct / Unauthorized Commercial Exploitation
You agree that:
i. You will only use the Services for lawful purposes, in compliance with applicable laws.
ii. You will not use the Services in connection with any wager of any money or other thing of
value unless subject to separate, express written terms provided by Mad Mushroom
permitting such conduct.
iii. You will use the Services for your own personal, non-commercial use, and you will not
commercially exploit the Services unless subject to separate, express written terms
provided by Mad Mushroom permitting such conduct. This includes participating in,
enabling, or encouraging the collection, sale, or exchange of anything from the Services
(including, but not limited to, any Virtual Items or Accounts) that is not explicitly authorized
by Mad Mushroom; facilitating, creating, or maintaining any unauthorized connection to the
Services (including, any unauthorized server that modifies, emulates, or otherwise
connects to any of the Services); and creating or participating in any exploitation of price
differences of Virtual Items by any means (for example, between real money currency
prices).
3. No Supporting / Encouraging Violations
You agree that you will not provide material support to another user’s violation or attempted
violation of these Terms. This includes providing financial support; know-how, expertise, or other
assistance; or repeated encouragement to engage in conduct that violates these Terms.
4. No Technical Exploits
You agree that:
i. You will not use IP proxying or other methods to disguise your location or place of residence
including, without limitation, to circumvent geographical restrictions on access to Content,
access controls, or technical protective measures; or to engage in activities that are
unlawful based on applicable local law.
ii. You will not, unless subject to separate, express written agreement provided by us, use the
Services via, or copy any Content to, a remote server, virtual PC, or other system or network
including, without limitation, one that enables (or purports to enable) such Services or
Content to be downloaded or streamed to one or more separate internet-enabled devices.
iii. You will not use, promote, or make available any bug, glitch, exploit, cheat, hack, script,
bot, unauthorized mod, or other methods designed to maliciously interact with the
Services, including without limitation, to breach these Terms; to collect information or user
data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or
otherwise intercept, redirect, or interfere with the operation of the Services.
iv. You will not reverse engineer, decompile, or disassemble (except where permitted under
applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in
whole or in part, without our explicit prior written consent.
v. You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.
C. CODE OF CONDUCT
You agree that:
1. You will not use improper or unauthorized means to interfere with or adversely impact any
other user’s ability to use the Services as intended; to gain an unfair gameplay advantage;
or to gain access to Virtual Items or other Content to which you do not have valid
entitlement. This includes the use of cheats, unauthorized mods, hacks, glitches, or other
technical exploits, and phishing, scamming, or social engineering.
2. You will not use the Services to create, upload, or distribute any Material that violates or
invades another person’s privacy. This includes “doxxing” i.e. sharing or threatening to share
information to embarrass, intimidate, harm, or harass another person.
3. You will not use the Services to create, upload, or distribute any Material that is knowingly or
intentionally misleading, false, or fraudulent. You will not use the Services to engage in
“spam,” i.e. repeatedly or periodically misuse a communication channel in a way that
disrupts or interferes with the operations of the Services, advertises any third-party product
or service, or adversely impacts any other user’s ability to use the Services as intended.
4. You will not use the Services to create, upload, or distribute Material that contains actual or
shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal
cruelty. This includes all depictions of such content, regardless of whether the Material is
real or manipulated media, animation, computer-generated imagery, or other digital
creation.
5. You will not use the Services to create, upload, or distribute Material or engage in conduct
that depicts, promotes, or attempts to normalize, encourage, or knowingly result in another
person’s eating disorder, suicide, or other acts of physical self-harm. This includes Material
or conduct that is reasonably understood to facilitate or encourage another person to
physically harm or starve themselves; to consume dangerous amounts of alcohol, drugs, or
other substances; and to engage in or threaten self-harm to intimidate, manipulate, or
coerce someone else.
6. You will not use the Services to create, upload, or distribute Material or engage in conduct
that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person. This includes Material that is defamatory and conduct such as camping, stream sniping, swatting, or other abusive in-game behavior.
7. You will not use the Services to create, upload, or distribute any Material or engage in
conduct that is pornographic, obscene, or sexually harassing. This includes distributing
unsolicited or unwanted sexually suggestive Material; engaging in unsolicited or unwanted
sexualization of another person; making threats or attacks based on another person’s
actual, perceived, or supposed sexuality or sexual activity; or the unauthorized sharing of
another's sexually suggestive or explicit content without their consent (i.e., “revenge porn”).
8. You will not use the Services to create, upload, or distribute any Material that depicts,
promotes, or attempts to normalize, encourage, or knowingly result in the sexual abuse of
minors. This includes Material that in any way sexualizes minors, including real or
manipulated media, animation, computer-generated imagery, or other digital creation;
engaging or attempting to engage in sexually suggestive or explicit communication with a
minor; and soliciting sexually suggestive or explicit Material from, or sharing such Material
with, a minor.
9. You will not use the Services to create, upload, or distribute Material or engage in conduct
that constitutes hate speech or behavior, which we define to be any form of expression that
is reasonably understood to attack or promote hatred or violence against an individual or
group based on any of the following characteristics: age; color or race; disability; ethnicity;
gender or gender identity; national origin or immigration status; religious affiliation; sex or
sexual orientation; military service; socioeconomic class, status, or caste; or weight, size,
or body type.
10. You will not use the Services to create, upload, or distribute Material or engage in conduct
that depicts, promotes, or supports violent extremism or terrorism. This includes any
Material or conduct which is reasonably understood as endorsing or supporting extremist
violence or the perpetrators of such acts; and promoting extremist ideologies or conspiracy
theories that encourage or incite violence against others.
11. You will follow any additional rules set out in the individual community standards, our
subsidiaries or partners may define, that may apply to your use of specific games, apps,
products, or websites within the Services.
12. In addition to the foregoing, you will not use the Services to create, upload, or distribute any
other Material or engage in any conduct that is otherwise illegal or use the Services to
attempt or conspire to commit any of the violations specified in this Code of Conduct.
D. CONSEQUENCES FOR VIOLATIONS
If you breach these Terms, including without limitation the User Rules in this Section VII (as
amended from time to time), Mad Mushroom reserves the right to take adverse action against you
including, without limitation: resetting some or all in-game progress associated with your Account; suspending your access to some or all of the Services, Virtual Items, or your Account; terminating
your access to some or all of the Services, Virtual Items, or closing your Account in accordance
with the termination provisions below; barring you from creating an Account or accessing the
Services in the future; or taking appropriate legal action to enforce these Terms or our other rights
under applicable law. We may notify law enforcement or other government agency or regulatory
body, and provide any associated personal data as set out in our Privacy Policy, if the breach
involves a threat to the life or safety of yourself or others, or any other activity that we believe to be
unlawful. We reserve the right to take adverse action against you based on information we might
receive from third parties including, without limitation, other users, law enforcement, government
agencies or other regulatory authorities. We are not liable for any violation of these Terms by you or
by any other user.
VIII. CONTENT REPORTING; TAKE-DOWN REQUESTS; DMCA
A. HARMFUL OR ILLEGAL CONTENT
If you are aware of any UGC or Custom Content available on the Services that violates the User
Rules in Section VII of these Terms, including the Code of Conduct, you may notify us using the
reporting tools located in-game or on our related customer support websites. For more information
about how to report UGC or Custom Content that violates the User Rules, contact us at
contact@madmushroom.gg. By submitting any such notification to us, you confirm that you have a
good faith belief that the UGC or Custom Content that you report violates these Terms and the
information provided in your notice are accurate and complete.
B. NOTICE OF COPYRIGHT OR TRADEMARK INFRINGEMENT
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of the owner of such
proprietary rights or otherwise have a valid basis under the law, including “fair use.”
We respond to notices of copyright infringement that meet the requirements of the Digital
Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any Content, UGC, Custom
Content, or other aspect of the Services constitutes copyright infringement or misappropriation of
your trademark, please submit a notice of alleged infringement to our designated agent with the
following written information:
1. Your name, address, telephone number, and email address;
2. A detailed description of the copyrighted work that you claim has been infringed;
3. The URL or a detailed description of where the material that you claim is infringing is
located;
4. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
5. Your statement, under penalty of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorized to act on behalf of the copyright owner; and
6. A physical or electronic signature of owner of the copyright at issue or person authorized to
act on their behalf.
Our designated agent contact information is:
Letter Email
ATTN: DMCA Agent
Mad Mushroom Media, Inc.
1 Chisholm Trail, Suite 450
Round Rock, TX 78681
United States
Subject: DMCA Takedown Notice
Email: dmca@madmushroom.gg
Please note that under the DMCA, you may be liable for damages (including costs and attorney
fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the
information provided in your copyright infringement notice may be provided to the person
responsible for the allegedly infringing material.
C. REPEAT INFRINGER POLICY
If you repeatedly violate these Terms, for instance by infringing our intellectual property rights, the
Code of Conduct, or the rights of third-parties, we reserve the right to take adverse action against
you including, without limitation: suspending your access to some or all of the Services, Virtual
Items and/or your Account; closing your Account in accordance with the termination provisions
below; barring you from creating an Account or accessing the Services in the future; or taking
appropriate legal action to enforce these Terms or our other rights under applicable law.
D. MEMBER / USER DISPUTES
We do not control the information provided by other users that are made available through our
Services. You may find other user’s content to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and safety when using our Services. You are solely responsible
for your interactions with other users. Because we are not involved in user interactions, in the event
that you have a dispute with one or more members or those who have posted, viewed, or used
information from our Services, you release us, including our officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual, special, statutory, and
consequential) of every kind and nature including but not limited to defamation, negligence, tort,
contract, statutory violations, common law violations, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes. California residents specifically waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor does not know or suspect to exist in
their favor at the time of executing the release, which, if known by them, must have materially
affected their settlement with the debtor.” We reserve the right, but have no obligation, to monitor
disputes between you and other members.
IX. UPDATES AND FEATURES
A. UPDATES AND MODIFICATIONS
We may provide patches, updates, or upgrades to the Services, Virtual Items, or your Account that
may be required to continue using the Services, including automatic or “in the background”
updates without notice to you. Such updates are subject to these Terms unless other terms are
presented with the updates, in which case, those other terms apply. We are not obligated to make
any updates available. We do not guarantee that we will support the version of the system or device
for which you licensed, obtained, or purchased any part of the Services, unless we have made
claims regarding compatibility. We may from time to time, without additional cost to you, modify,
alter, or suspend, whether in whole in part, any of our Services, Virtual Items, and/or your Account,
for a valid reason. Valid reasons include, without limitation: improvement of our Services, Virtual
Items, or your Account (such as offering new Services, Virtual Items, or Content); changes
necessary for game balancing, for bug fixing or to prevent or counter exploits; changes that are
necessary due to a new technical environment or an increased or decreased number of users;
suspected or actual intellectual property infringement; changes in licenses we hold from third
parties or other third-party compliance requirements; termination of agreements we have with
third-parties for whatever reason; discontinuance of the supply, by a third-party, of a service or
feature which is part or interconnected with our Services, Virtual Item, or your Account; changes of
specific and verifiable open market costs; necessary enhancements for the safety of users or other
third parties; or other material, legal, regulatory, or security reasons.
B. AVAILABILITY
The Services, Virtual Items, Content, or your Account may be offered for a limited time, or may vary
depending on your region or device. If you change regions, without prejudice to our portability
obligations under applicable law and depending on your agreement with the applicable Digital
Storefront, you may need to re-acquire certain Services, Virtual Items, or Content that you paid for
or acquired in your previous region. Similarly, if you change regions, you may no longer be able to
access certain Services, Content or Virtual Items that you were able to access in your previous
region if such Services, Content, or Virtual Items are prohibited by the applicable laws of the new
region in which you are present.
C. THIRD PARTY SERVICES
You may have the possibility, via the Services, to access or enable content, software, apps,
products, websites, platforms, functionality, and services operated by third parties that are not part
of Mad Mushroom or otherwise under our control (“Third Party Services”). If you choose to access,
transact with, enable, or otherwise interact with any such Third Party Services, you understand that
you are directing the applicable third party entity to make such Third Party Services available to you.
You are responsible for your dealings with third parties. When you use our Services to access Third
Party Services, any applicable usage terms associated with the Third Party Services will govern your
use of that Third Party Service. We do not endorse any Third Party Services made available or
marketed on or through the Services. We do not license any intellectual property rights to you as
part of any Third Party Services, and we are not responsible or liable to you or others for any Third
Party Services or for the results, information, content, or interactions you may encounter while
using them. Any concerns you have regarding the results, information, content, or interactions you
may encounter while using such Third Party Services should be directed to the provider of such
Third Party Services.
D. INTERNET-BASED SERVICES
The Services may require a connection to the internet via a wireless or cellular network and, as a
result, may therefore receive certain standard information about the device, system, and software
used by you to connect to the Services. Such information is collected and used by us in accordance
with our Privacy Policy, available at https://www.madmushroom.gg/privacy. You are solely
responsible for the maintenance and reliability of your internet connection at your own cost and for
any usage fees which may arise as a result of your access to the Services via any wireless or cellular
network.
E. THIRD PARTY ADVERTISING
Some of the Services may include advertisements for, or links to, third party websites, content,
goods, promotions, or services (“Third Party Advertising”). We are not responsible for, nor control
the content of, any Third Party Advertising, and the inclusion of such Third Party Advertising in the
Services does not mean that we either endorse or approve of such Third Party Advertising or the
websites, content, goods, promotions, services, or business practices of the third party providers of
such Third Party Advertising.
X. YOUR RESPONSIBILITIES TO US
You agree to defend, indemnify and hold harmless Mad Mushroom and our subsidiaries, affiliates,
officers, agents, and other partners and employees from and against any and all direct liabilities,
damages, losses arising out of or in connection with: (1) your breach of these Terms; (2) any
information or content provided by you that infringes the rights of a third party when used by us in
accordance with these Terms; and (3) your unlawful acts or omissions. We can assist, at our own
expense, in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses. However, you
are not required to indemnify Mad Mushroom in respect of any liabilities, damages or losses arising
out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by Mad
Mushroom, Mad Mushroom’s officer’s employees, contractors or agents, or to the extent you are
not responsible for the breach.
You are solely responsible for any third party costs you incur to use the Services, Virtual Items or
your Account.
XI. TERMINATION
You may stop using the Services, Virtual Items, or your Account at any time and terminate these
Terms by destroying or deleting all copies of any materials or software in your possession and/or by
deleting your Account. In addition, you may request that we delete your Account, and your personal
information, at any time in accordance with our Privacy Policy, available at https://www.madmushroom.gg/privacy. For any Services, Virtual Items, and/or Account provided to you for an indefinite period of time, we have the right to terminate these Terms and your access to the Services, Virtual Items and your
Account, or cease providing such Services, at any time for any reason in our sole discretion. If we
have reasonable means to contact you and where practicable, we will try to inform you reasonably
in advance of any such termination or cessation of Services taking effect. Where it is not
practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual
residency is in Germany, the right of both parties to extraordinary termination for good cause shall
remain unaffected. Good cause exists if the terminating party, taking into account all
circumstances of the individual case and weighing the interests of both parties, cannot reasonably
be expected to continue the contractual relationship until the agreed termination or until the expiry
of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services, Virtual
Items, Content, and/or your Account if you: breach these Terms; use the Services, Virtual Items, or
your Account fraudulently, illegally or in any manner other than for its intended purposes; initiate
any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to
terminate or suspend your right to access some or all of the Services, Virtual Items, or your
Account, we will try to inform you in advance of such termination or suspension unless the action is
taken under a legal obligation that does not require us to inform you or if it is not practicable for us
to do so.
You acknowledge and agree that if these Terms is terminated (or we end your right to access any of
the Services, Virtual Items, Content, or your Account in accordance with these Terms), the licenses
granted to you under these Terms (or in respect of such Services, Virtual Items, Content, or
Account) shall immediately terminate.
XII. DISCLAIMERS & LIMITATION ON LIABILITY
A. DISCLAIMERS
Mad Mushroom, including our officers, directors, agents, subsidiaries, and employees is not
responsible for any incorrect or inaccurate Content published in connection with our Services, nor
for the conduct of any user of our Services whether online or offline. We assume no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, user
and/or member communications. We are not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination thereof, including injury or
damage to users and/or members or to any other person’s computer related to or resulting from
participating or downloading Content in connection with our Services.
We shall further not be liable for any delay or failure to perform resulting from causes outside its
reasonable control including, without limitation, any failure to perform hereunder due to
unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes,
internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel,
energy, labor or materials.
Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use
of our Services, as they are provided “AS-IS” and we expressly disclaim any warranty of fitness for a
particular purpose or non-infringement. We cannot guarantee and do not promise any specific
results from use of our Services. Our Services may not be available in all countries.
B. LIMITATION ON LIABILITY
MANY CENTURIES AGO, OLD MEN IN POWDERED WIGS AND BLACK ROBES DECIDED IT WOULD
BE COOL TO TYPE IN ALL CAPS FOR IMPORTANT SECTIONS OF DOCUMENTS SUCH AS WARRANTY
SECTIONS SO IT’S “CONSPICUOUS,” EVEN THOUGH ALL SECTIONS ARE IMPORTANT OR ELSE WE
WOULDN’T INCLUDE THEM IN THESE TERMS. ANYWAY, WE DECIDED TO FOLLOW THE TRADITION
AND TYPE LIKE WE’RE YELLING AT YOU, BUT WE’RE NOT ACTUALLY YELLING AT YOU. PLEASE
DON’T TAKE THIS THE WRONG WAY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND IN THAT EVENT
LIABILITY IS DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW), IN NO EVENT WILL WE BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE
SERVICE(S) DURING THE TERM OF YOUR MEMBERSHIP.
XIII. ARBITRATION
All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration
in the state of Texas or another location mutually agreeable to the parties. An award of arbitration
may be confirmed in a court of competent jurisdiction. Any and all disputes or claims arising out of
these Terms and/or your relationship with us or our Services shall be submitted to binding arbitration
according to the applicable rules.
THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO SUE US IN COURT AND HAVE A JURY TRIAL.
Before submitting any matter to arbitration, we each agree to first attempt in good faith to settle any
such dispute or claim. If a dispute or claim arises, either party to these Terms will send a notice to
the other. We may send a notice to you at either the e-mail address it has on file for your or your
physical address (if available).
You may contact us by sending a notice to:
ATTN: Mad Mushroom Arbitration
Mad Mushroom Media, Inc.
800 Bellevue Way NE, Suite 500
Bellevue, WA 98004
United States
The 30-day period to work in good faith to settle any disputes or claims will start on the day that notice
is received by the party receiving notice. You specifically agree that no claim or dispute may be
arbitrated (or brought in a court of law) on a class-action basis.
Each party may bring an action only in an individual capacity in a single action, and not as a plaintiff
or class member in any purported class or representative proceeding, and the arbitrator may not
consolidate or join any arbitration actions against us. If the preceding sentence is not deemed to be
enforceable, then this Section XIII will be considered void and extinguished.
The arbitration shall take place exclusively in Texas and shall be governed by Texas law without
regard to its conflict of law provisions. Parties may however seek interim relief, including (and
without limitation) any injunctive or other equitable relief, from the Court or Arbitrator to protect
against infringement of any intellectual property interests or if interim relief is otherwise deemed by
a party to be proper. The arbitration may be conducted in person, through submission of
documents, by phone or online. The arbitrator will make a written decision regarding the arbitration
and, upon request from either party, will provide a statement of reasons for the decision. The
arbitrator must follow Texas law (and federal law if applicable), and any award may be challenged on that basis. Subject to applicable laws, either party may request a court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award
entered by the arbitrator.
XIV. MISCELLANEOUS
A. GENERAL
These Terms, together with any documents or policies linked to herein, is the entire agreement
between you and us for your use of the Services (including Virtual Items and your Account). It
supersedes any prior written agreements between you and us regarding your use of the same. You
agree that we may assign these Terms, in whole or in part, at any time. If our assignment leads to a
change of us as the contracting party, you have the right to terminate these Terms. You may not
assign your rights or transfer your obligations under these Terms or transfer any rights to use the
Services, Virtual Items, or your Account. If your habitual residence is in Germany, the preceding
sentence does not apply to any monetary claims you may have against us which arise from these
Terms. If any provision of these Terms is held to be unenforceable for any reason, such provision
shall either be reformed only to the extent necessary to make it enforceable or removed from these
Terms entirely and the remaining provisions of these Terms shall remain effective. Sections I, II, IV,
VI, VII, VII, IX – XV and those that by their nature apply after these Terms ends will survive any
termination or cancellation of these Terms. Either party may disclose information related to these
Terms or use of the Services as necessary to satisfy any law, regulation, legal process, or
governmental request.
B. EXPORT LAWS
You must comply with all applicable domestic and international export laws and regulations (which
may be amended from time to time) that apply to the Services, Virtual Items, or your Account,
which include restrictions on destinations, users, and use. You agree not to use, export, re-export,
download, or otherwise transfer any part of the Services, Virtual Items, or your Account into (or to a
national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons list and
other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent
and warrant that you are not located in, under the control of, or a national or resident of an
embargoed country and that you are not a Specifically Designated National or Blocked Person.
XV. CONTACT US
If you have any questions or concerns about the Services, Virtual Items, your Account, or these
Terms, please contact us at contact@madmushroom.gg.
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