Terms of Use
1. About the terms
1.1 The terms of this agreement (“Terms of Use”) govern the relationship between you and caxstudio.com., an Argentine company, with its address at Armando Crucianelli S/N, Cba. Argentina, (hereinafter “CAXSTUDIO” or “Us” or “We”) regarding your use of Caxstudio's games, websites and related services (the “Service”) including all information, text, graphics, software, and services, available for your use. Use of the Service is also governed by Caxstudio's Privacy Policy and other relevant policies, which are incorporated herein by reference.
1.2 By using this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of Caxstudio's games from (such as the Apple App Store, Google Play Store, Amazon App Store, Windows Phone Store, or any other websites), you accept the following Terms of Use and our Privacy Policy.
1.3 If you do not agree to these Terms of Use or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.4 Caxstudio is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of this website and Caxstudio's games.
1.5 Caxstudio reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time and without any notice. Caxstudio reserves the right to terminate or restrict access to the website and games for any reason whatsoever at its sole discretion.
2. Accessing and using our Services
2.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.2 For Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
2.3 Downloading and using any of the software or services offered on this website is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of data, or other harm that results from such activities.
3. Accounts
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.3 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE 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.
4. Fees and Purchase Terms
4.1 Caxstudio's mobile and social games include virtual in-game currency (“Virtual Currency”), such as coins, cash, gems, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”) or paid subscriptions for Virtual Currency and/or Virtual Items (“Subscriptions”). Please note that Caxstudio does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers' Terms of Use.
4.2 You agree that once purchased Virtual Currency, Virtual Items and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Currency, Virtual Items and/or Subscriptions are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Currency, Virtual Items and/or Subscriptions to anyone else.
4.3 Caxstudio may manage, regulate, control, modify or eliminate Virtual Currency, Virtual Items and/or Subscriptions at any time, with or without notice. Caxstudio shall have no liability to you or any third party in the event that Caxstudio exercises any such rights.
4.4 YOU AGREE THAT ALL SALES BY US TO YOU OF VIRTUAL CURRENCY AND/OR VIRTUAL ITEMS ARE FINAL, THAT WE WILL NOT REFUND ANY TRANSACTION ONCE IT HAS BEEN MADE AND THAT AN ACTIVE SUBSCRIPTION CANNOT BE CANCELED DURING THE SUBSCRIPTION PERIOD.
4.5 You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the Virtual Currency and Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT CAXSTUDIO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. User conduct and content
5.1 “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Caxstudio game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Caxstudio in accordance with its Privacy Policy.
5.2 You may be required to register an account (the “Account”) on the Service. Your use of the Service is governed by and maintained and enforced by Caxstudio through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and Caxstudio reserves the right to determine which conduct is considered to be outside the spirit of the Games and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting users from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games.
5.3 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.4 You acknowledge and agree that if Caxstudio finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or Caxstudio reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.
- 5.5 You agree that you will not:
- Use our Services to harm anyone or to cause offense to or harass any person;
- Transmit or post any content or use language deemed to be offensive at Caxstudio's sole discretion;
- Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- Post and/or make available to the public any other user's personal information in the Games and/or any game-related services without that user's express written consent;
- Use another person or entity's email address in order to sign up to use our Services;
- Share your password or any credentials you may use to access your Account with anyone;
- Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself;
- Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.);
- Remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
- Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- Use our Services in violation of any applicable law or regulation;
- Use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
- Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity;
- Improperly use Caxstudio's support services, including without limitation submission of false reports of abuse or misconduct by any party;
- Interfere with or disrupt our Services or servers or networks that provide our Services;
- Engage in cheating or any other fraudulent activity deemed by Caxstudio's to be in conflict with the spirit of the Games;
- Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Service and/or any Caxstudio's Games; or
- Use our Services in any other way not permitted by these terms.
6. Copyright and Trademarks
6.1 Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, games, services, computer code, text, themes, characters, character names, stories, dialogue, documentation, animations, sounds, graphics, and logos) are reserved to Caxstudio and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Caxstudio is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. Caxstudio reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
7. Disclaimer of Warranty
7.1 Caxstudio has no special relationship with or fiduciary duty to you. You acknowledge that company has no control over, and no duty to take any action regarding: which users gain access to the Software and/or Games; what content you access via the Software and/or Games; what affects the Software and/or Games or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software and/or Games; or what actions you may take as a result of having been exposed to the Software and/or Games. You release the company from all liability for you having acquired or not acquired content through the Software and/or Games. Caxstudio makes no representations concerning any content contained in or accessed through the Software and/or Games, and the company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software.
7.2 Downloading and using any of the software, games or services offered on the website is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of data, or other harm that results from such activities.
7.3 ALL INFORMATION, SOFTWARE, GAMES, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS." CAXSTUDIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Limitations of Liability
- 8.1 In no event shall Caxstudio be liable for any loss or damages (including without limitation of any direct, indirect, punitive, special, incidental or consequential loss or damage):
- Access to the Service or inability to access to the Service;
- Any third party's conduct, content, information or data;
- Any unauthorized access to or use of Caxstudio Services and/or any and all personal, private, and/ or other information stored therein;
- Losses or harm not caused by our breach of these terms or negligence;
- Losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- Any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;
- Any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- Technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
9. Applicable Law
9.1 These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of the People's Republic of Argentina.
10. Severability
10.1 You and Caxstudio agree that if any portion of these Terms of Service or of the Caxstudio Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
11. Transferring these terms
11.1 Caxstudio may assign or delegate these Terms of Use and/or the Caxstudio Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Caxstudio's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
12. Supplemental Policies
12.1 Caxstudio may publish additional policies related to specific services (including but not limited to forums, contests, or loyalty programs). Your right to use such services is subject to those specific policies and these Terms of Use.
13. Thank You
13.1 Thank you for reading our Terms. Hope you enjoy playing Caxstudio's games!
14. Support and Contact
14.1 YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
14.2 If you have any questions concerning the Service or the Terms, please contact us by email at support@caxtudio.com. Please also see our Privacy Policy.