TERMS OF USE

Effective: 1-1-2018

The following terms of use and disclaimer (the "Terms of Use", and, together with the Company's Privacy Policy, collectively, the "Agreement") is a legal agreement between you ("you," the "user" or one of the "users") and App Magic. (together with its affiliates, the "Company") providing, among other things, the terms and conditions for your access to and use of this app (the "App" and/or the "Game").

1   Terms of Use; Acceptance; Modifications

2   Eligibility

The App is intended solely for users who are 13 years of age or older. If you are under the age of 13, you are not permitted to use the App. If you are between the age of 13 and 18 years old, your legal guardian has reviewed and agrees to these terms and is granting you permission to use this App. Any registration by, use of, or access to the App by anyone under the age of 13, is unauthorized, unlicensed and in violation of this Agreement.

3   Use of App

4   Trademarks

All trademarks, service marks, trade names, and logos (collectively, the "Marks") are registered and unregistered trademarks of the Company or its licensors. Nothing on this App should be construed as granting any license or right to use any Mark displayed on this App, except as required to engage in the permitted uses expressly stated in the Terms of Use. You may not otherwise use any Marks without the prior written permission of the Company.

5   Ownership of User Content

Any material, information, idea, or other communication you transmit to or post on this App or to the Company by any means ("User Content") will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company for any purpose whatsoever. User Content will in no event include any Personal Information covered by our Privacy Policy. The Company will have no obligations with respect to any User Content. The Company will be free to copy, disclose, distribute, incorporate, or otherwise use any User Content and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes.

6   No Responsibility for User Content

7   Copyright Policy The Company respects the intellectual property of others and asks that users of App do the same. In connection with our App, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our App who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our App, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

8   Third Party Sites; Third Party Business Dealings

9   Prohibited Uses

10   App Access

The Company reserves the right to change, suspend, remove, or disable access to the App or any feature thereof, at any time without notice.

The Company will not be liable for any removal or disabling of access to any portion of the App, including but not limited to 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 communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or on the App or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the App, including without limitation any mobile client software.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and use the Game.

There may be times when the Game or a part of the Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

11   Accounts

When using the Game you may choose to, and in some instances you may be required to create an account with the Company. If you do create an account with the Company, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.

The Company will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone (whether intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to fully compensate the Company for any losses or harm that may result.

The Company will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account or using the App, and the Company accepts no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

The Company reserves the right to delete your account if no activity is conducted by you in relation to the account for 180 days or more. You understand if you delete your account, or if the Company deletes your account you may lose access to any data associated with your account.

YOU ACKNOWLEDGE AND AGREE THE YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF THE COMPANY'S SERVICES. THE COMPANY MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON WITH OR WITHOUT NOTICE TO YOU.

12   Disclaimer of Warranties and Limitation of Liability

13   Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, and other parties with which the Company is under contract or affiliated, and their respective officers, directors, employees, and agents, free and harmless from and against any claims, actions and demands, including, but not limited to, any attorneysÕ fees and accounting fees, arising out of, resulting from, or related to your use of the App, your violation of these Terms of Use or the Privacy Policy, your violation of any law or regulation, your violation of any proprietary or privacy right, or any and all content you submit to the Company whether through the App or otherwise.

14   Governing
The App, these Terms of Use, and our Privacy Policy will be governed by and construed in accordance with the laws of the State of Virginia, without regard to principles of conflicts or choice of law. The Company makes no representation that materials on this App are appropriate or available for use outside of the United States. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

15   General

If any provision of these Terms of Use or the Company's Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and the Company's Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by the Company, in its sole discretion, to a third party. You may not assign your obligations to any other person or entity.