Terms of Service

These Terms of Service ("Terms") are an agreement between you and Cryptology LLC ("Cryptology", "we", "us" or "our"). They cover the Mine Over Magma mobile game for iPhone, iPad and Android (the "Game") and the website at mineovermagma.com (the "Site"). Together, the Game and the Site are the "Services".

By downloading, installing or using the Services, you agree to these Terms. Our Privacy Policy explains how we handle your information. If you do not agree to these Terms, do not use the Services.

If you live in the United States, these Terms require you to settle disputes with us through individual arbitration and waive class actions, unless you opt out. See Dispute resolution.

Who Can Use the Services

Anyone can play the Game. If you are under 18, or under the age of majority where you live, a parent or guardian must read and agree to these Terms for you, and they are responsible for your use of the Services. If you accept these Terms for an organization, you confirm that you can bind it to them.

Minors in states with app store consent laws. Some U.S. states require an app store to get a parent's or guardian's consent before a minor downloads or buys an app. If you are under 18 and such a law applies to your app store account, we will not enforce these Terms against you, including Dispute resolution, unless the app store has confirmed to us that your parent or guardian gave that consent.

Your License to the Game

We give you a limited, personal, non-exclusive, non-transferable and revocable license to download, install and play the Game on devices you own or control, for your own non-commercial entertainment, as the rules of the app store you obtained it from allow. The Game is licensed to you, not sold. We and our licensors keep all rights not expressly given to you in these Terms.

If you obtained the Game from the App Store, Apple's standard Licensed Application End User License Agreement also applies to your license to the Game, and if it conflicts with these Terms on that license, Apple's agreement prevails. These Terms govern everything else, including the Site.

Purchases

The Game is free to download. Any in-app purchases are optional and are sold through the App Store or Google Play. The store page and the Game show each price before you buy, in your local currency, with taxes included or added as your store decides. Prices can change, but a change never affects what you have already bought.

• Payment. Apple or Google processes every payment with the payment method on your store account. We never receive or store your payment details.
• What you get. A purchase gives you a license to the content or feature you bought, tied to your Apple or Google account, not a sale of it. Where the store page says so, Family Sharing makes it available to your family group.
• Restoring purchases. Sign in to the same Apple or Google account and use Restore purchases in the Game's settings.
• Refunds. Refunds are governed by the policies of the store you bought from: see Apple's refund page and Google Play's refund policy. We do not have direct authority over refunds that Apple or Google process. If a purchase is refunded, its content locks again, but your progress stays.
• Coins and other in-game items. Coins and everything else you earn in the Game have no cash value, and nothing in the Game can be sold, traded or exchanged for money or anything else of value.
• Right of withdrawal. If you are a consumer in the European Union, the United Kingdom or another place with a right to withdraw from an online purchase, the store you buy from handles that right under its own terms. Where the store asks you, when you buy, to agree that the digital content is supplied immediately and to acknowledge that you then lose the right to withdraw, you lose it once the content is supplied. This does not affect your other rights as a consumer.

To the extent the law allows, all sales are final.

Changes to the Game

We update the Game to fix problems, keep it working with new devices and improve it. Updates may change how it looks or plays, and we may add, change or remove features, but we will not take away content you bought without a good reason, such as a legal requirement or a security problem, and never at extra cost to you.

If you are a consumer in the European Union or the United Kingdom and a change takes away something you paid for in a way that matters, you may have the right to end your agreement and get a refund for that content.

Using the Site

You may browse the Site, link to it and share its pages. Search engines and other crawlers that follow the Site's robots.txt are welcome. Do not overload or attack it, or use it to break the law.

Intellectual Property

The Services and everything in them, including the code, art, characters, text, music, sounds, designs, the Mine Over Magma and Cryptology names and logos, and how they are put together, belong to us or our licensors and are protected by copyright, trademark and other laws. Except for what these Terms allow, do not copy, modify, distribute, sell or reverse engineer any part of the Services, get around their security or licensing, remove any notices from them, or use our names or logos without our written permission.

You are welcome to stream and share videos and pictures of yourself playing the Game, including with ads on your channel, as long as you do not suggest that we endorse you.

Feedback. If you send us ideas or suggestions about the Services, we may use them freely, without owing you anything. Please do not send us your own art, music, levels or other creative work: we do not open or use unrequested creative work.

Copyright complaints. If you believe something in the Services infringes your copyright, email us at contact@cryptologyapps.com with the subject line "DMCA notice", and include what 17 U.S.C. § 512(c)(3) requires:

• Your physical or electronic signature
• The work you believe is infringed
• The material you believe infringes it, and where to find it
• Your contact details
• A statement that you believe in good faith that the use is not authorized
• A statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner

Counter-notices go to the same address, with the subject line "DMCA counter-notice" and what 17 U.S.C. § 512(g)(3) requires. We end the access of people who repeatedly infringe others' copyrights.

Privacy

Our Privacy Policy explains what information the Services handle and how.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT THE LAW ALLOWS, WE, OUR AFFILIATES AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, OR THAT PROGRESS WILL NEVER BE LOST.

SOME PLACES DO NOT ALLOW THESE EXCLUSIONS, SO SOME OF THEM MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.

Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE, OUR AFFILIATES AND OUR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF WHAT YOU PAID FOR THE GAME AND ITS IN-APP PURCHASES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR 100 U.S. DOLLARS. THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, INCLUDING CONTRACT, TORT AND NEGLIGENCE.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED OR EXCLUDED, SUCH AS LIABILITY FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION, THE UNITED KINGDOM OR ANOTHER PLACE WITH MANDATORY CONSUMER PROTECTIONS, NOTHING IN THESE TERMS REDUCES YOUR RIGHTS UNDER THEM.

Indemnification

To the extent the law allows, you agree to defend and indemnify us, our affiliates and our people against claims, losses and costs, including reasonable lawyers' fees, that arise from your misuse of the Services, your breach of these Terms or your violation of someone else's rights or the law. We may take over the defense of any such claim at our own cost, and you agree to help us with it. This section does not apply to consumers where the law does not allow it.

Ending These Terms

You can stop at any time by deleting the Game. We can end these Terms if you seriously or repeatedly break them, or if the law requires it. When these Terms end, your license ends and you must delete the Game.

These sections continue to apply after these Terms end: Intellectual property, Disclaimer of warranties, Limitation of liability, Indemnification, Governing law, Dispute resolution and General terms.

Governing Law

These Terms are governed by the laws of the State of Wyoming and the United States, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer and the law of the place you live gives you protections that an agreement cannot take away, those protections still apply to you.

Dispute Resolution

Informal resolution

Before starting any formal proceeding, email us at contact@cryptologyapps.com, describing the problem and what you want. We will try to resolve it with you. If we cannot within 30 days, either of us may go further as described below.

Arbitration (United States)

If you live in the United States, any dispute between you and us that arises out of or relates to these Terms or the Services, and that we could not settle informally, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitration takes place by video conference, and any in-person hearing takes place in the county where you live, unless we both agree otherwise. A court with jurisdiction may enter judgment on the award.

Class action waiver. YOU AND WE EACH AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims or preside over any representative proceeding. If this waiver cannot be enforced for a particular claim or remedy, such as public injunctive relief under California law, that claim or remedy goes to a court with jurisdiction, and everything else stays in individual arbitration.

Many similar claims. If 25 or more similar claims are brought against us by the same or coordinated lawyers, they will be administered in batches under the AAA's Mass Arbitration Supplementary Rules.

Costs. The AAA's Consumer Arbitration Rules limit what you pay. Where those rules ask us to pay the arbitrator's or administrative fees beyond your filing fee, we will. We will not ask you to pay our lawyers' fees or arbitration costs unless the arbitrator finds your claim was frivolous or brought for an improper purpose, and then only as the rules and the law allow.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court to protect intellectual property rights.

Opting out. You can opt out of arbitration and the class action waiver by emailing us at contact@cryptologyapps.com within 30 days of first accepting these Terms, with a clear statement that you opt out. Opting out does not affect the rest of these Terms.

Outside the United States

If you live outside the United States, arbitration does not apply to you. Disputes go to the courts of Sheridan County, Wyoming, unless the law of the place you live lets you bring them in your local courts, which you may then do. If we bring a claim against you as a consumer, we will bring it in the courts of the place where you live where the law requires it.

App Store

If you obtained the Game from the App Store:

• These Terms are between you and us, not Apple Inc. or its subsidiaries ("Apple"). We, not Apple, are solely responsible for the Game and its content.
• Your license is limited to using the Game on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow, including through Family Sharing.
• Apple has no obligation to provide any maintenance or support for the Game.
• If the Game fails to meet a warranty that applies to it, you may notify Apple, and Apple will refund the price you paid Apple for the Game, if any. To the fullest extent the law allows, Apple has no other warranty obligation for the Game, and any other claims, losses or costs from a failure to meet a warranty are our responsibility.
• We, not Apple, are responsible for any claims you or anyone else make about the Game or your use of it, including product liability claims, claims that the Game fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If anyone claims that the Game or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• You confirm that you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the Game.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple may enforce them against you.

Google Play

If you obtained the Game from Google Play, your use of it is also subject to the Google Play Terms of Service. Google is not responsible for the Game or its content; we are. Google Play Games, if you use it, is subject to Google's terms as well.

Changes to These Terms

We may update these Terms. The "Last updated" date at the top shows the latest version. If we make a change that matters, we will tell you in the Game or on the Site before it takes effect and, where the law requires, tell Apple and Google too. If you keep using the Services after a change takes effect, the updated Terms apply. If you do not agree to them, stop using the Services. A change to Dispute resolution does not apply to a dispute that either of us knew about, or that had started, before the change took effect.

General Terms

• Whole agreement. These Terms, together with Apple's standard Licensed Application End User License Agreement where Your license to the Game says it applies, are the whole agreement between you and us about the Services.
• Severability. If any part of these Terms cannot be enforced, the rest still applies, and, except where the law of your country does not allow it, that part is replaced by an enforceable one as close to its intent as possible.
• No waiver. If we do not enforce part of these Terms, we can still enforce it later.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example as part of a merger or sale of assets, and the buyer must honor them.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, war, government action, network failures or outages at our providers.
• Notices. We give notices in the Game or on the Site, and you can send us notices at the contact details below. Electronic notices and agreements count as being in writing.
• Export laws. You confirm that you are not in a country subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited or restricted parties, and you agree to follow the export control and sanctions laws that apply to you.
• Accessibility. We want everyone to be able to play. If something in the Services gets in your way, tell us at contact@cryptologyapps.com so we can fix it.

Contact Us

For questions about these Terms or the Services, contact us at:

Cryptology LLC
30 N Gould St Ste R
Sheridan, WY 82801
United States
Email: contact@cryptologyapps.com