MGT PRIVACY POLICY

MGT (hereafter referred to as MGT) has created this privacy policy to demonstrate our commitment to the privacy of the users of our websites. Please read the following to learn more about our privacy policy, and how we treat personally identifiable information collected from our visitors and users AND credit card information provided by you to MGT. 

What this Privacy Policy Covers

This privacy policy covers MGT’s treatment of personally identifiable information collected by MGT through a website owned and operated by MGT.

This privacy policy does not apply to the practices of companies that MGT does not own or control, or of persons that MGT does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which MGT websites link.

Credit Card Privacy Policy

MGT will safeguard the confidentiality and security of the information we obtain from you. This section of our Privacy Policy describes our privacy policy as it relates to the collection, protection and disclosure of such information resulting from credit card transactions only.

MGT will collect and use information obtained from credit card transactions only for business purposes. These business purposes include the payment of license fees using our website to download games from the MGT Game Catalog. 

Protecting Your Credit Card Information

The credit card information provided by you to MGT will be stored in a confidential manner. Our employees may access such information only when there is an appropriate business reason to do so such as correcting a payment error.  We maintain physical, electronic and procedural safeguards to protect your information, and our employees are required to follow these privacy standards.

Disclosure of Your Information

MGT does not disclose any nonpublic information (such as credit card number and their expiration dates) about our customers or former customers to anyone, except as required by law. We disclose information only when disclosure is required by law. Information may also be disclosed for audit purposes, to regulatory agencies or for other general administrative services. We do not disclose information about you to other entities who may want to sell their products to you.

Transaction Security

MGT’s website uses Secure Socket Layer (SSL) protocol to ensure transaction security for credit card processing.

Collection and Use of Personal Information

You can visit the websites of MGT without revealing any personal information. However, MGT needs certain personal information if you wish to have us contact you, register for our helpdesk, receive MGT newsletter, use certain MGT services, or download any products off the MGT website.

Where required, this information may include your personal contact information and/or your company contact information. MGT will use this information to reply to your inquiries, to provide you with requested products and services, to set up your customer account, and to contact you regarding new products and services.

By accessing the services of MGT and voluntarily providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.

Collection and Use of Non-Personal Information

MGT automatically receives and records non-personal information on our server logs from your browser including your IP address, cookie information and the page you requested. MGT may use this information to customize the advertising and content you see and to fulfill your requests for certain products and services. However, MGT does not connect this non-personal data to any personal information collected from you.

Information Sharing and Disclosure

MGT may disclose your personal information to third parties who work on behalf of MGT to provide products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information.

Consent

If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to MGT. If you have provided personal information to MGT and no longer consent to its use or disclosure as outlined herein, please notify MGT at info@mgtinc.net

Security

Unfortunately, no data transmission over the Internet can be considered 100% secure. However, your MGT Information is protected for your privacy and security. In certain areas of our websites, as identified on the site, MGT uses industry-standard SSL-encryption to protect data transmissions.

We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures.

Further, MGT retains your personal information only as long as necessary to fulfill the purposes identified above or as required by law.

Changes to this Privacy Policy

MGT may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of MGT websites after any such amendments signifies your acceptance thereof.

Questions or Suggestions

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at info@mgtinc.net


MGT Website/Game Catalog Terms and Conditions

Welcome to the Micro Gaming Technologies Inc. website (“MGT Website”).  The Terms and Conditions set out below govern your use of the MGT Website, including the MGT Game Catalog.  Other terms and conditions, policies and guidelines may also apply to you to govern your use of the MGT Website depending upon how you use or access the website.  By registering, using or accessing the MGT website in the United States or Canada this agreement is made between Customer and Micro Gaming Technologies, Inc. a Nevada corporation.

By visiting and/or using the MGT Website, accessing the MGT Game Catalog, placing an order and/or downloading MGT products you acknowledge and agree that you have read, understood and agree to be bound by the following Terms and Conditions.  If you do not agree to be bound by these Terms and Conditions, you should leave the MGT Website/Game Catalog immediately and cease all your use of it.

Please note that nothing in these Terms and Conditions affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.

Information that you provide to us when obtaining your user name and login for the website or information required for purchases will be held and used in accordance with our Privacy Policy.

You are responsible for: (i) keeping your account password confidential and secure, (ii) avoiding unauthorized access to your account, your computer, or any mobile or other electronic device which you use to use the MGT Website and/or MGT Game Catalog; and (iii) keeping the e-mail address associated with your account current (you acknowledge that it is important to keep the e-mail address associated with your account current because although you may be able to log into your account using an old e-mail address, you will not receive messages from us about your orders and enquiries or other matters).

You are solely responsible for all activities that occur within or through your account. You agree to notify us of any actual or anticipated security breach of your account. We will not be held liable for any loss or damage arising from your failure to comply with these obligations.

Users. Any products and services appearing, marketed or sold on the MGT Website, including the MGT Game Catalog are intended for use at licensed gaming establishments that already have an active Software license agreement between the licensed gaming establishment and MGT. 

Privacy. You agree that any personal or credit card information collected, used or disclosed regarding Customer will be held and used in accordance with the MGT Privacy Policy as such may be updated or modified from time to time. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the MGT Website, for example via any third party links available on the MGT Website, will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.

Prices. Prices listed or shown on the MGT Website may differ from the price shown at time of payment.  It is possible that prices may increase or decrease between the time an item is placed in your shopping basket and the time that the purchase is actually made.

Content and Product Descriptions. All information and descriptions provided about items made available through the MGT Website are for your information only and shall not be disclosed in accordance with the active MGT license agreement in place with the licensed gaming establishment.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE ACCEPT NO RESPONSIBILITY FOR INACCURATE OR INCOMPLETE INFORMATION ABOUT ANY ITEMS DISPLAYED, ADVERTISED, MADE AVAILABLE AND/OR SOLD IN OR THROUGH THE MGT WEBSITE WHICH HAS BEEN PROVIDED TO US BY A THIRD PARTY. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE DO NOT REPRESENT OR WARRANT THAT THE DESCRIPTIONS OF SUCH ITEMS ARE ACCURATE OR COMPLETE. IF YOU PURCHASE AN ITEM FROM US THAT IS NOT AS DESCRIBED ON THE MGT WEBSITE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LOCAL LAW YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM FOR A REFUND OF THE PURCHASE PRICE.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LOCAL LAWS, TO THE EXTENT THAT SUCH RIGHTS APPLY TO YOU AND CANNOT BE EXCLUDED OR LIMITED.

No Refunds – No Refunds Post Purchase and Download.  Payment is required in advance before a Game from the MGT Game Catalog can be downloaded.  After a cleared payment on the purchase of an MGT Game, Customer will be allowed to download the Game.  Once the MGT Game has been downloaded, no refund or exchange will be given.  Any non-use by Customer of the MGT Game once it has been downloaded is not cause for a refund.

Third Party Websites and Advertisements. We take no responsibility for third-party advertisements or third-party applications that are made available on the MGT Website, and, to the maximum extent permitted by applicable local laws, we do not take any responsibility for any goods or services provided by third party advertisers on the MGT Website.

Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Terms and Conditions and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) modify, download (other than page caching), reproduce, copy or resell MGT Products except for its intended use on the premises of the licensed gaming establishment. 

Intellectual Property. MGT (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the MGT Website and MGT Products including but not limited to Games licensed from the MGT Game Catalog and all enhancements, bug fixes, upgrades, modifications, customizations, improvements, derivative works, whether or not developed by MGT, and copies thereof, and all information, methods and processes and intellectual property rights therein, including rights subsisting in trademarks, service marks, trade dress, text, graphics, logos, images, videos and audio clips (collectively, the “Intellectual Property“). No rights are granted to you except those expressly set forth in these Terms and Conditions and MGT (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the MGT Website and MGT Games, and Intellectual Property not expressly granted herein. You acknowledge and agree that your use of the MGT Website and purchase of a license of an MGT Game does not grant to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. Intellectual Property may not otherwise be used without our (or, as applicable, our licensors’ or suppliers’) prior written consent. Without limiting the foregoing, no MGT trademark or trade dress may be used in connection with any product or service that is not MGT’s or not the intended use of the Game for promotional purposes at the licensed gaming establishment, including any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

Content. You acknowledge that the MGT Website / MGT Game Catalog contains MGT Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Content shall be governed by these terms and the active software license agreement between MGT and a licensed gaming establishment.

Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the “Indemnified Parties”) immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your use of the MGT Game purchased from the MGT Website Game Catalog and/or related to, or connected with, your actual or alleged breach of these Terms and Conditions or your violation of any applicable law or regulation or the rights of a third party.

Internet Connectivity Charges. Internet connectivity is required to access the MGT Website and MGT Game Catalog.  Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some MGT Games may include large amounts of data, and we are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.

RIGHTS WITH REGARD TO MGT GAMES

We offer you the ability to purchase or download MGT Games from and through the MGT Website.  We grant you a limited, non-exclusive, revocable license to access, purchase, and use the MGT Games in accordance with these Terms and Conditions and in accordance with the MGT Software license agreement between MGT and a licensed gaming establishment.

In order to be able to purchase and/or download MGT Games, you must provide valid credit card information and your billing address to us.  If you have difficulty downloading or accessing MGT Games from the MGT Website, please contact customer service at 702.360.8550 or info@mgtinc.net

We reserve the right to modify or discontinue the offering of any MGT Games at any time. If a particular MGT Game becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such MGT Game to the maximum extent permitted by applicable local laws. Some MGT Games may not remain available for re-download. MGT Games are only available for purchase by users with a credit card or who have provided a purchase order and payment directly to MGT and users who still have an active software license agreement with MGT. 

MGT Games – License Restrictions; Prohibited Conduct. To the maximum extent permitted by applicable local laws, you may not transfer, copy, manipulate or display the MGT Games except as permitted in these MGT Website Terms and Conditions which is for use with the MGT promotional Software and a touch screen kiosk.  Without limiting the generality of the preceding sentence, and to the maximum extent permitted by applicable local laws, you may not: (i) duplicate or otherwise reproduce (including “burning”) the MGT Games, or any portion thereof, onto any physical medium, memory or device, including CDs, DVDs, personal computers, external disc drives and other hardware, or any other medium now known or hereinafter devised; (ii) decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the MGT Games is stored to a human-readable form; (iii) sell, lease, distribute, rent, broadcast, license, transfer, convey or assign any right to the MGT Games to any third party; (iv) remove any notices or labels on the MGT Games; (v) modify, disable, bypass, avoid, deactivate, impair or circumvent any encryption, rights signaling or copy protection or DRM used as part of the MGT Website or the MGT Games, or attempt to do any of the foregoing; (vi) modify, enhance, edit, translate, adapt, perform, display or create derivative works or adaptations based on the MGT Games; (vii) reformat, optimize or customize the MGT Games for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as we specifically authorize; or (viii) use MGT Games for any commercial or illegal purpose. Notwithstanding the termination provisions at Section 5 below, you expressly agree that we may terminate your license to the MGT Games should you violate the foregoing restrictions or any other term of these MGT Website Terms and Conditions.

No Responsibility for MGT Games. Under no circumstances will we be liable for any loss, damage or harm caused by your access to or reliance on the MGT Games. You must determine whether the MGT Games you access, purchase, and download are useful, accurate and complete. Your use of the MGT Games is solely at your own risk.

TERMINATION OR SUSPENSION

Termination By MGT. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the MGT Game Catalog and/or MGT Website for any reason in our sole discretion.

Where reasonableness is required by applicable local laws, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your access to all or any part of the MGT Website and MGT Game Catalog for any reason in our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these MGT Website Terms and Conditions or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the MGT Website financial loss or legal liability.

By Customer.  Customer may terminate use of the MGT Website and access to the MGT Game  Catalog at any time by terminating its software license agreement between MGT and the licensed gaming establishment. 

Effect of Termination or Suspension. Following termination (by MGT or Customer) or suspension, you will not be permitted to use parts of the MGT Website or access the MGT Game Catalog.

Upon termination of these MGT Website Terms and Conditions, the following Sections shall continue in force and you explicitly agree to be bound by the following: Indemnity; Internet Connectivity Charges; Termination or Suspension; Disclaimers; Exclusions and Limitations; Dispute Resolution; Section 8 General; and/or any other provisions of these MGT Website Terms and Conditions that are expressly or by implication intended to come into or continue in force on or after termination of these MGT Website Terms and Conditions.

DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE MGT WEBSITE AND MGT GAMES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE MGT WEBSITE AND MGT GAMES IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE MGT WEBSITE, THE MGT GAMES OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE MGT WEBSITE OR FUNCTIONALITY OF THE MGT GAME REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR DAMAGE TO REPUTATION OR GOODWILL). TO THE EXTENT THAT APPLICABLE LOCAL LAW PERMITS, ANY SUCH LIABILITY FOR THE MATTERS SET OUT IN THIS PARAGRAPH SHALL BE LIMITED TO THE PRICE OF THE MGT GAME IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

NOTWITHSTANDING THE ABOVE, CERTAIN LOCAL LAWS DO NOT ALLOW SUCH EXCLUSIONS OF OR LIMITATIONS OF LIABILITY, IN WHICH CASE NOTHING IN THESE MGT WEBSITE TERMS AND CONDITIONS SHALL EXCLUDE OR IN ANY WAY LIMIT OUR OR OUR SUPPLIERS’ OR LICENSORS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR SUPPLIERS’ OR LICENSORS’ NEGLIGENCE, OR THAT OF OUR SUPPLIERS’ OR LICENSORS’ EMPLOYEES, AGENTS, REPRESENTATIVES OR SUB-CONTRACTORS (AS APPLICABLE), GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL DEFAULT OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LOCAL LAW.

(d) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LOCAL LAWS, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(e) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE MGT WEBSITE TERMS AND CONDITIONS OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS, OR LIABLE TO YOU FOR YOUR USE OF OR INABILITY TO USE THE MGT WEBSITE AND/OR MGT GAMES BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE PRODUCTS AND SERVICES, IN WHOLE OR IN PART).

DISPUTE RESOLUTION

Any claim or controversy at law or equity arising from, relating to, or connected with these MGT Website Terms and Conditions, the MGT Website, the MGT Games (each a “Claim”) will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Nevada. Notwithstanding this Section 7, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors. Any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE MGT WEBSITE TERMS AND CONDITIONS. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Dispute Resolution Section is a material inducement for the other party to enter into these MGT Website Terms and Conditions. You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have arising out of, relating to, or in connection with these MGT Website Terms and Conditions must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section, we both agree to the governing law and jurisdiction as set out in the Governing Law Section below.

GENERAL

(a) Interpretation. Headings used in these MGT Website Terms and Conditions are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation”. The singular includes the plural and vice versa. These MGT Website Terms and Conditions are binding upon each party and its successors and permitted assigns.

(b) Entire Agreement. Except for any additional terms that apply to your use of the MGT Website and any MGT Games as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the MGT Website (and any MGT Games) and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

(c)Severability. The provisions of these MGT Website Terms and Conditions are intended to be severable. If for any reason any provision of these MGT Website Terms and Conditions is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

(d) No Waiver Our failure or delay to exercise or enforce any right, remedy or provision of these MGT Website Terms and Conditions or by law will not operate as a waiver of such right, remedy or provision.

(e) Notices. Where we need to send you notices under these MGT Website Terms and Conditions or in connection with your use of the MGT Website (and any MGT Games) you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your user account or another email address that you provide to MGT. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the MGT Website satisfies any legal requirement that such communications be made in writing.

(f) Changes to MGT Website and Amendments to these MGT Website Terms and Conditions To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the MGT Website (and MGT Games) temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these MGT Website Terms and Conditions in our sole discretion. You should periodically review these MGT Website Terms and Conditions so that you are aware of the terms and conditions that apply to your use of the MGT Website and MGT Game Catalog.  Your use of the MGT Website purchase of any MGT Games after any modification constitutes your acceptance of the most recent version of these MGT Website Terms and Conditions as modified.

(g) Assignment. These MGT Website Terms and Conditions and all of your rights and obligations under it are not assignable or transferable by you without MGT’s prior written consent. We may freely assign or transfer this Agreement or any of our rights and obligations under it.

(h) Governing Law; Jurisdiction

To the maximum extent permitted by local laws, the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these MGT Website Terms and Conditions and any dispute or claim of any sort that might arise between you and MGT.

Subject to the Dispute Resolution Section above and applicable local laws, we both agree that the federal and state courts of Clark County, Nevada shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these MGT Website Terms and Conditions or their subject matter.

Contact Information. For help with the MGT Website and MGT Game Catalog or if you have any questions regarding these MGT Website Terms and Conditions, please contact customer service at www.mgtinc.net/support.


No Refund Policy

No Refunds Post Purchase and Download.  Payment is required in advance before a Game from the MGT Game Catalog can be downloaded.  After a cleared payment on the purchase of an MGT Game, Customer will be allowed to download the Game.  Once the MGT Game has been downloaded, no refund or exchange will be given.  Any non-use by Customer of the MGT Game once it has been downloaded is not cause for a refund.


Delivery Policy

MGT Games are available for delivery by download only.  MGT Games can only be downloaded after receipt of payment by MGT.  MGT is not responsible for interruptions in the delivery of any MGT Game due to an internet outage or interruption of service, or a communication outage, by a service provider.  Internet connectivity is required to access the MGT Website and MGT Game Catalog.  Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some MGT Games may include large amounts of data, and we are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity. If you have difficulty downloading or accessing MGT Games from the MGT Website, please contact customer service at 702.360.8550 or info@mgtinc.net