IMAGINE ISLAND

Terms of Use

EFFECTIVE DATE: June 24, 2026

These Terms of Use (or “Terms”) form a binding contract between you and Magic Potion Games Inc. (“MPG” “we,” “us” or “our”) and govern any use by you of Imagine Island. game, the video game Imagine Island, and any related websites, applications, products and services operated by Magic Potion Games, excluding the Magic Potion Games website, (collectively, the “Services”). For the avoidance of doubt the Service expressly exclude the Magic Potion Games corporate website and associated services available at magicpotiongames.com.

As used in these Terms, “you,” “your” or “Gamer” means the individual user interacting with the Services. If such Gamer has not reached the age of majority, then “you” or “your” also includes the Gamer’s parent(s) or legal guardian(s) (each, a “Grownup”).

THE SERVICES ARE INTENDED FOR CHILDREN OF ALL AGES. IF YOU ARE NOT AN ADULT (USUALLY THAT IS 18 YEARS AND OLDER IN MOST PLACES), THEN YOU MUST FIRST GET PERMISSION FROM YOUR GROWNUP BEFORE YOU CAN PLAY OUR GAMES OR USE OUR SERVICES. YOUR GROWNUP MUST AGREE TO THESE TERMS. IF WE FIND OUT THAT YOU ARE A MINOR AND THAT YOUR GROWNUP DID NOT GIVE YOU PERMISSION TO USE THE SERVICES, THEN WE WILL IMMEDIATELY TERMINATE YOUR ACCOUNT. FOR MORE DETAILS ABOUT AGE ELIGIBILITY, VERIFIED PARENTAL CONSENT AND ACCOUNT REGISTRATION, PLEASE SEE SECTION 1 BELOW.

OUR TREATMENT OF YOUR PERSONAL INFORMATION AND YOUR PRIVACY RIGHTS ARE EXPLAINED IN OUR PRIVACY POLICY. PLEASE REVIEW IT BEFORE REGISTERING AND USING THE SERVICES.

THESE TERMS AFFECT YOUR LEGAL RIGHTS IN MANY WAYS. FOR EXAMPLE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS:

-WE DETAIL IN SECTION 13 THAT IF YOU USE THE SERVICES, THEN YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

-WE ALSO DETAIL IN SECTION 11 A CAP ON THE AMOUNT OF DAMAGES THAT YOU CAN SEEK OR RECOVER FROM US.

REMEMBER, THESE TERMS FORM A LEGAL CONTRACT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ AND UNDERSTAND THEM BEFORE USING THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

1. Age Eligibility And Account Registration: We strive to provide a safe and magical online gaming experience for Gamers. The Services are made available to Gamers of all ages; however, certain functions, features and content within the Services are not intended to be available to all Gamers depending upon the Gamer’s age and account settings selected, as further explained below:

1.1. General Account terms: To use the Services, you must first register and create an account (an “Account”). Limited guest access is available without an Account as described below. The first step in creating an account is to select a username and password. You are prohibited from using a real name or knowingly using someone else’s real name as a username. You hereby agree to provide true, accurate, current and complete information about your age and yourself as part of the Account creation process, and to update your account information to keep it current and accurate within a reasonable time after any change. There is a limit of one Account and one username per Gamer. A Grownup may create accounts for multiple children under the Grownup’s email address. Please keep your Account credentials secret. You may not use or access the Service through any account other than your personal Account. You may not allow any other person to access your Account or access the Services by or through your Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may use the Services only for lawful purposes and in compliance with these Terms. You agree to notify us immediately of any unauthorized access to, or use of, your Account. We may reject, change, suspend, and/or terminate your username, password and/or Account immediately in our sole and absolute discretion, and without notice to you.

1.2. Accounts for Minors Under Age 13: If you are a Gamer under the age of 13 (“Pre-13 Minor”), you may only use or access the Services with the consent and under the supervision of your Grownup, and only following you and your Grownup’s consent to these Terms. Please ask your Grownup to review these Terms before using or accessing the Services. If anything in these Terms is difficult to understand, please ask your Grownup for an explanation. During the Account set-up process, We will ask for the age of the intended Gamer. If the age selected is under 13 years old, a Grownup will be required to approve and complete the set-up of the Account. Once the Grownup sets the Account permissions, only the Grownup will have the ability to change them. If you are the Grownup of the Pre-13 Minor, then by you or your Pre-13 Minor creating an Account and accessing or using the Services, you represent and warrant that you: (i) have read and agree to abide by these Terms in their entirety on behalf of yourself and your Pre-13 Minor; and (ii) give your consent for your Pre-13 Minor’s use of the Services. Grownups agree to be jointly and severally liable for all acts (including purchases and payments made within the Services) and omissions of their Pre-13 Minor. We may disable, block or limit certain functionality, content and features of the Services for Pre-13 Minors in our sole and absolute discretion.

1.3. Accounts for a user between the ages of 13 and the age of majority: If you are a Gamer between the ages of 13 and the age of majority in the jurisdiction where you reside (“Plus-13 Minor”), then you may only use or access the Services with the consent of and under the supervision of your Grownup, and only following you and your Grownup’s consent to these Terms. Please ask your Grownup to review these Terms before using or accessing the Services. If anything in these Terms is difficult to understand, please ask your Grownup for an explanation. If you are the Grownup of the Plus-13 Minor, then by you or your Plus-13 Minor creating an Account and accessing or using the Services, you represent and warrant that you: (i) have read and agree to abide by these Terms in their entirety on behalf of yourself and your Plus-13 Minor; and (ii) give your consent for your Plus-13 Minor’s use of the Services. Grownups agree to be jointly and severally liable for all acts (including purchases and payments made within the Services) and omissions of their Plus-13 Minor. We may disable, block or limit certain functionality, content and features of the Services for Plus-13 Minors in our sole and absolute discretion.

1.4. Accounts for adult users: Accounts are available to adult users as well. By creating an Account and accessing or using the Services, you have read and agree to abide by these Terms in their entirety.

1.5. Guest Accounts. A Gamer who does not complete Account registration may instead use a guest account. Guest accounts use an automatically generated username, do not require verified parental consent, and have limited functionality; for example, Chat and other social features are disabled. We do not collect personal information through a guest account other than the automatically generated username used for gameplay. To use features that require an Account, including Chat, you (and, if you are a Minor, your Grownup) must complete Account registration, which for a Pre-13 Minor requires verified parental consent before the Account can be used.

1.6. Updates: We may, from time to time in our sole discretion, develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of the device that you use to access and use the Services (your “Device”), when your Device is connected to the internet either: (i) the Services will automatically download and install all available Updates, or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

1.7. Device Requirements: The Services can only be used via certain devices for a list of which are provided on our website and/or the third-party marketplace (“Marketplace”) page where the Services can be downloaded. Your Device must also meet the system requirements listed on our website and/or the Marketplace page.

1.8. No Support or Maintenance: You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.

1.9. Availability: We make the Games available to Gamers in many countries. We do not offer the Games in jurisdictions where we have determined we cannot do so in compliance with applicable law, including jurisdictions subject to comprehensive trade sanctions, and we use geographic restrictions to block access from those jurisdictions. We may restrict, modify, or limit your access to, and use of, part or all of the Services, depending on the territory in which you are located and/or the age of the Gamer. Some or all of the Services may not be available (in whole or in part) where you are located or may only be available in a modified version.

1.10. Seizure Warning: Some individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you have an epileptic or photosensitivity condition, please consult your physician before using the Services. If you experience any of the following symptoms while using the Services, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

2. Feedback:

2.1. You may be inclined to want to share your Feedback, good, bad or otherwise, with us. “Feedback” means: (i) submissions, materials, information, proposals, ideas, concepts, pitches, comments, posts, communications, messages, suggestions, stories, know-how, artwork, drawings, audio, visual or audiovisual works; and (ii) all other types and forms of intellectual property not described in subsection (i). But if you choose to provide us with your Feedback, we need to be free to use the Feedback how we see fit, without paying you and without attribution to you. Also, you agree that any Feedback that you provide will not be held in confidence or trust by us, and that no confidential, independent contractor, partnership or fiduciary relationship is intended or created between you and us in any way by virtue of you providing us with Feedback. You agree that all of your Feedback must be your original ideas and intellectual property, and that such Feedback was not given to you by anyone else and it is not owned by anyone else. We have no obligation to acknowledge or respond to any Feedback that you provide us.

2.2. If you provide Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, copy, modify, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit the Feedback for any purpose, without compensation or attribution. If you are a Minor, your Grownup grants this license on your behalf and agrees to it by consenting to these Terms. We will not rely on a waiver of moral or similar personal rights where applicable law does not permit a Minor to grant one. You understand and agree that you are freely giving your Feedback, that we do not have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us the license rights described above.

3. Service Fees and Online Transactions:

3.1. Free Content: Upon creating an Account, you will have access to certain features of the Service (“Free Features”). We may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.

3.2. Subscriptions and Fees: Certain features (“Premium Features”) of the Service may be accessible only through our paid subscription programs (“Subscription Programs”) or through other types of fees as described here.

3.2.1. Renewal and Cancellation of Subscription Programs: If you purchase a Subscription Program your subscription will automatically renew for successive one-month periods at the end of the applicable subscription period unless and until you cancel your Subscription Program before the end of the subscription period. You can cancel at any time before the end of your current subscription or renewal period by clicking here. Cancellations will take effect the day after the last day of the current subscription or renewal period. We do not provide refunds or credit for partial subscription or renewal periods. You will only have access to the Premium Features applicable to your Subscription Program while your subscription is active. After cancellation you will only have access to the Free Features.

3.2.2. Price and Program Changes: We reserve the right, in our sole discretion, to change the pricing, content, availability and any other aspects of our Subscription Programs at any time. If we change any price or program applicable to your subscription, we will provide you with advance notice of the price change using the email address that you used when you registered for the Subscription Program. The change will take effect at the end of your then current subscription or renewal term. Subject to applicable law, your continued use the Services after the change takes effect will be deemed acceptance of the change. You have the right to reject the change by cancelling your subscription before the end of your then current subscription or renewal period. You can do so by clicking here.

3.2.3. Purchasing Subscription Programs: Subscription Programs can be purchased through the Service through our e-commerce providers and are subject to our e-commerce provider terms of sale which are viewable by clicking the appropriate link on the purchase page. If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

3.3. Online Transactions:

3.3.1. Payment Options. Purchases made within the Services (“In-Service Purchases”) are processed through our third-party vendor. Such purchases are governed by these Terms and the terms of sale of our third party vendor, if any, presented to you at the time of purchase. You agree that we will have no liability to you for any actions or inactions of the third-party payment processor in respect of In-Service Purchases. For example, we will have no liability to you if the third-party payment processor experiences downtime and is unable to process your payment. Please check usage rights for each purchase as these may differ from item to item. In-Service Purchases will occur electronically online and will require a valid, accepted, credit card or other payment method that we, in our sole discretion, elect to accept as payment. You authorize us, or our designated third-party payment provider, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update that information with us or with our designated third-party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Services while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.

3.3.2. Cancellations and Refunds. We, or our designated third-party payment provider, as applicable, reserve the right to refuse or cancel any Purchases or attempted Purchases at any time in our sole discretion. Further, we, or our designated third party payment provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.

3.3.3. Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. You agree that we, or our designated third-party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

3.3.4. Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.

3.3.5. Taxes. Your Purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third-party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your Purchases, except for Sales Taxes as described in this section or as required by applicable law.

3.3.6. OFAC. We cannot take part in transactions that violate economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. For example, we cannot participate in transactions involving designated people, places, or items that originate from those places, as determined by agencies like OFAC. These restrictions generally prohibit transactions involving certain areas (e.g. Crimea, Cuba, Iran, North Korea, and Syria), or any individual or entity operating or residing in those places or individuals, or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List. We take steps to ensure compliance with these regulations including, but not limited to: we prohibit access to the Services in certain geographic locations; we reserve the right to request additional information from you, or ask you to take other steps to help us meet compliance obligations; if suspect you are operating your account from a sanctioned location or are in violation of any economic sanction or trade restriction, we may suspend, terminate or take other action on your account; we prohibit any user from using the Services on behalf of or to benefit any individual or entity subject to sanctions. Our payment partners may independently monitor financial transactions for sanctions compliance and may block transactions as part of their own compliance programs. Economic sanctions and trade restrictions are updated frequently and may result in changes to our services to any individual, entity, country or region as we comply with such sanctions and restrictions.

4. Licenses to Digital Items:

4.1. By using the Service or through direct purchase within the Services, you may obtain access to resources such as certain games, in-app or in-game features, virtual tokens, coins or items (such as skins or other in-Service resources) specific to the Services (all such Service-specific items collectively “Digital Items”) for use with the Services. If you are under the age of 18 you may only purchase licenses to Digital Items with your Grownup’s permission and under their supervision. You agree that Digital Items may have no real-world, monetary value outside of the Services and may never be able to be exchanged for real money, real-world goods or real-world services from us or anyone else. You also agree that you will only obtain access to Digital Items only from us, and not from any third party. You agree that Digital Items are not transferable to anyone else and you will not transfer or attempt to transfer any Digital Items to anyone else.

4.2. You do not own Digital Items but instead you are obtaining or purchasing (as applicable) a limited personal revocable license to use them. Any balance of Digital Items does not reflect any stored value.

4.3. You agree that, to the greatest extent permissible by law, all sales to you of licenses to Digital Items are final and that you will not be entitled to a refund in connection with any Digital Item transaction, under any circumstances, once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Digital Items from us, you acknowledge and agree that we will begin the provision of the Digital Items to you promptly once your purchase is complete. Once delivery is made your right of withdrawal is lost. For the purposes of this Section, a “purchase” is complete at the time our payment processor processes your purchase, and the applicable Digital Item is successfully credited to your account.

4.4. The license to the Digital Items that you purchase will be linked to your Account. You understand and agree that you cannot transfer Digital Items licenses from one Account to another. You understand and agree that we are not responsible for any problems or losses that associated with problems transferring licenses of Digital Items from one device to another or from restoring licenses from a lost or damaged device to a different device. The risk of loss of Digital Items is transferred to you upon completion of the purchase of your license to it as described in Section 4.3 above.

4.5. We reserve the right to control, regulate, change or remove any Digital Items without any liability to you.

4.6. We may revise the pricing for licenses to Digital Items offered through the Services at any time. We may limit the total amount of Digital Items licenses that may be purchased at any one time, and/or limit the total amount of Digital Items licenses that may be held in your account in the aggregate. You are only allowed to purchase Digital Items licenses from us or our authorized partners through the Service, and not in any other way.

4.7. Without limiting this Section 4, if we suspend or terminate your Account in accordance with these Terms, you may lose access to any Digital Items that you may have accumulated, and you agree that you will not be entitled to any refund or other compensation for this loss.

4.8. Our ability to permit some users to purchase Digital Items licenses may be restricted by the laws or regulations of your jurisdiction or locality. You agree that we will not be liable to you for failing to permit you to purchase licenses to or use Digital Items because of the laws of your jurisdiction or locality.

5. Linking To The Services: You may link to any page of our Services, provided that you do so for non-commercial purposes and in a way that is legal, and which does not damage our reputation or take advantage of it, as determined in our sole and absolute discretion. For the avoidance of doubt, the linking site must not contain, include, state, suggest or imply any Prohibited Submissions. We reserve the right to revoke this linking permission immediately and without notice. You must not link to the Services in such a way as to suggest any form of affiliation, partnership, association, approval or endorsement on Our part, and you must not remove, obscure or modify in any way any copyright notice or Content as presented by us by and through our Services.

6. Your Privacy: You acknowledge that when you access or use the Services, we may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. Additionally, you may be required to provide certain information about yourself as a condition to accessing or using the Services or certain of its features or functionalities, and the Services may provide you with opportunities to share information about yourself with others. We may also collect and process any information that you submit through the Services. Any Personal Information (as the term is used and defined in the Privacy Notice) about you that we collect will be treated as described in our Privacy Policy. The privacy of your Personal Information is important to Us.

7. Player Conduct:

7.1. Prohibited Submissions: It is our passion and mission to provide a safe gameplay environment where the Gamer feels safe and comfortable. The Services feature public blog posts with comments, chats and other means by which the Gamer can communicate via words and emojis (each a “User Submission”) publicly with other users (“Chat(s)”). Your Account has features that can modify, limit or disable certain Public Chat functionalities. Grownups especially, please take the time to learn, understand and set the various Account permissions to ensure that the Account permissions are best suited for the age, maturity and sensitivities of the Gamer. You assume all risks, liabilities and legal consequences for your User Submissions.

7.1.1. When it comes to Chats, We require the Gamer to act in a civil, kind and respectful manner. The Gamer is strictly prohibited from posting any User Submission in the Chat that includes, states, suggests, encourages, promotes or implies any of the following discourse, subjects or topics (each, a “Prohibited Submissions”):

• disclosing any personally identifiable information of yours to other users, or asking other users for any of their personally identifiable information;
• profanity, violence, vulgarity, obscenity or sexually explicit communications (including sexual innuendos);
• conduct that would violate any applicable law or regulation; discrimination, bigotry, racism, hatred, harassment or harm against any individual or groups;
• child endangerment and predatory behavior;
• drug use or activities;
• defamation or an invasion of a right of privacy of another person;
• terrorist or extremist organizations or ideology;
• bullying, stalking, trolling, threatening or intimidation;
• suicide or self-injury;
• spamming, soliciting or other efforts to sell goods or services; and
• any other discourse, subjects or topics that a reasonable person would find inappropriate for children of all ages to be exposed to, to read or to hear, in each case, as determined by us in our sole discretion.

This section provides examples of Prohibited Submissions. The above list is not intended to be an exhaustive list of Prohibited Submissions. If you post Prohibited Submissions, your Account and access to the Services may be terminated by us immediately and without notice to you.

7.1.2. Enforcement. We reserve the right (but have no obligation) to review and monitor any User Submissions, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise harm or create liability for us or any other person. Such action may include removing or modifying your User Submission, terminating your Account or these Terms, and/or reporting you to law enforcement authorities.

7.1.3. License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, sublicensable, transferable, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Submissions, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Submissions in the Services. To the extent permitted by applicable law, you waive any claims and assertions of moral rights or attribution with respect to your User Submissions. If you are a Minor, your Grownup grants the foregoing license on your behalf and agrees to it by consenting to these Terms, and we will not rely on a waiver of moral or similar personal rights where applicable law does not permit a Minor to grant one..

7.1.4. Risk Of Exposure To User Submissions. You agree to use the Services at your sole risk, and that We shall not have any liability to you for User Submissions or Prohibited Submissions that may be found to be offensive, indecent, obscene, objectionable, inaccurate, illegal, of poor taste or quality or otherwise.

7.2. Prohibited Conduct: You are responsible for making all arrangements necessary to access the Services (and if applicable, for any data charges and costs of doing so). In particular, you are responsible for ensuring that your internet connection is adequate for the Services and that your computer and/or device is compatible with our Services. We want you and others to have a fun, safe and enjoyable time using our Services. When doing so, We require you to observe the following rules (each, a “Prohibited Conduct”):

• you must not copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Content or Services;
• you agree not to use our Services for any illegal or unauthorized purpose, and you agree to comply with all laws and regulations applicable to your use of our Services, including copyright and other intellectual property laws;
• you must not interfere with our Services or any servers or networks connected to our Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;
• you must not inject content or code or otherwise alter or interfere with the way any page of our Services is rendered or displayed in a user’s browser or device;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any of the Service, including any copy thereof; you must not access our Services via a means that we have not authorized in writing, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
• you must not use, or cause others to use, any automated system or software to extract content or data from our Services;
• you must not participate in, or cause others to participate in, any other conduct which We believe in our sole and absolute discretion may compromise the integrity of the Services or is believed to be malicious in nature;
• you must not access or use the Services in order to build a similar or competitive product or service;
• you must not rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time (this does not apply to any sharing features that we specifically make available to you from within the Services); and
• you must not remove, disable, circumvent, or otherwise create or implement any workaround to any copyright protection, rights management, or security features in or protecting the Service. Unless otherwise indicated, any future release, update, patch, or other addition to the functionality of the Services will be subject to this Agreement. All copyright and other proprietary notices on or within the Services must be retained on all copies thereof

This section provides examples of Prohibited Conduct. The above list is not intended to be an exhaustive list of Prohibited Conduct. If We believe in our sole and absolute discretion that you have been involved with Prohibited Conduct, your Account and access to the Services may be terminated by us immediately and without notice to you.

8. Our Intellectual Property Rights:

8.1. All title, ownership, and intellectual property rights in and to the Services and Content are owned or licensed by us and/or our licensor(s). “Content” means all: (i) software, systems, tools, information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, lore, animation, concepts, audio-visual effects, virtual goods and in-game currency, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, and all other elements comprising or supporting the Services; (ii) copyrights, trademarks, logos, trade names, trade dress, service marks, and trade identities owned, licensed or controlled by Us; and (iii) all intellectual property rights in and to the Services and Content not described in subsections (i) and (ii). The Services and Content are licensed, not sold, for your use. Your license confers no title or ownership in and to the Services or Content and should not be construed as a sale of any rights in and to the Services or Content.

8.2. You acknowledge and agree that, other than the license granted to you by these Terms, you shall have no ownership or other property interest in any of the Content or Services (including without limitation any game currency and virtual goods), and you further acknowledge and agree that to the fullest extent permitted by applicable law, all rights in and to such Content and Services (including without limitation any game currency and virtual goods) are and shall forever be owned by and inure to our benefit and that of our licensors.

8.3. You agree that the Services and Content contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that you will not use such proprietary content, information or materials in any way whatsoever except as permitted under these Terms. No portion of the Services or Content may be reproduced by you in any form or by any means other than as permitted under these Terms.

8.4. Subject to these Terms, and your continued compliance with them, and provided you meet the eligibility requirements herein, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial enjoyment. To be clear, this license is personal to you only and does not give you any ownership rights in and to any of the Services or Content.

9. Copyright Policy:

9.1. Copyright Infringement: We will 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 aspect of the Content or 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: (i) your name, address, telephone number, and email address; (ii) a detailed description of the copyrighted work that you claim has been infringed; (iii) the URL, screenshot or a detailed description of where the material that you claim is infringing is located; (iv) 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; (v) 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 (vi) a physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf. Our designated DMCA agent contact information is:

Magic Potion Games, Inc.

Attn: DMCA Designated Agent

8 The Green, Ste. 19524
Dover, DE 19901

Email: legal@imagineisland.game
Phone: +1-320-961-4111

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.

9.2. Counter-Notices: Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our DMCA Designated Agent. Your counter-notice must include all the following information:

1. The material alleged to be infringing, including its location.
2. A statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed.
3. Your name, address, email address, physical address and telephone number.
4. One of the following two statements:
1. If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
2. If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where Magic Potion Games Inc. is located and will accept service of process from the person who provided the notice set forth above or their agent.”
5. Your physical or electronic signature.

If your counter-notice does not meet all of the above requirements, it will not be valid. As with DMCA Notices, making false statements in connection with a counter-notice may result in criminal or civil penalties.

When our DMCA Designated Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

9.3. Repeat Infringer Policy: Our intellectual property policy is to: (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.

10. Disclaimer of Warranties: YOUR USE OF THE SERVICES AND ALL ITEMS AND THIRD-PARTY SERVICES RELATED THERETO IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR AFFILIATES, MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES (COLLECTIVELY, “AFFILIATED PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR AFFILIATED PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATED PARTIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS OR BUGS WILL BE CORRECTED, THAT THE TECHNOLOGIES THAT MAKE THE SERVICES AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS AND OUR AFFILIATED PARTIES DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. WE AND OUR AFFILIATED PARTIES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF SERVICES, CONTENT OR FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY COMPONENT OR FEATURE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

11. Limitation of Liability: IN NO EVENT WILL WE OR OUR AFFILIATED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY THIRD-PARTY SERVICES, ANY CONTENT OR THE CONTENT OF THIRD-PARTY SERVICES, OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THAT OF OUR AFFILIATED PARTIES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS PROHIBITED BY APPLICABLE LAW.

11.1. Indemnification: You agree to indemnify, defend (at our option), and hold harmless us and our Affiliated Parties and our respective suppliers, licensors and partners (collectively, the “Indemnified Parties”) from and against any and all third-party claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of your: (i) violation of these Terms; (ii) negligence, willful misconduct or fraud; (iii) use, misuse and/or access of the Services; (iv) violation of any applicable law; (v) User Submissions, Digital Items, Prohibited Submissions or Prohibited Conduct; and/or (vi) violation of the rights of any third-party, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Our defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand in immediately payable funds.

12. Term and Termination: Subject to this Section, these Terms will remain in full force and effect while you use the Service.

12.1. Termination by You: You may terminate this Agreement with respect to the Service by deleting your Account.

12.2. Termination by Us: We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, in which case we may terminate your Account or otherwise terminate your ability to access the Service.

12.3. Effect of Termination: Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Service and delete all copies of the Service from your Device and account. Termination will not limit any of our rights or remedies at law or in equity. We will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for the deletion of your information and content. Even after your rights under this Agreement are terminated, the provisions herein which by their nature should survive the termination of this agreement will survive it, including without limitation: Sections 1.3, 1.5, 2, and 5 through and including 14 of these Terms shall survive the closing or termination of your Account for any reason.

13. Governing Law and Dispute Resolution:

BINDING ARBITRATION AND CLASS ACTION WAIVER: READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

13.1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule

13.2. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

13.2.1. Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the Company attn.: Terms of Use Dispute at the address listed in Section 14.7 (or such other address as may be provided by the Company for this purpose). After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

13.2.2. Arbitration: You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. The arbitration will be conducted by a single arbitrator and may be conducted remotely.

The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.

The party filing a claim or counterclaim in the arbitration proceeding must pay the deposit(s) determined by NAM with respect to such claim or counterclaim.

All other costs associated with the arbitration must be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration.

In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.

Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of Delaware, without giving effect to its conflict of laws provisions.

13.2.3. Coordinated Filings: If 25 or more Notices of disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.

Once counsel in the Coordinated Cases has advised us that all or substantially all Notices of dispute have been provided for those cases, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and we cannot be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.

Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.

Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if all parties’ counsels agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. If we cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.

If the mediation does not yield a global resolution, this arbitration requirement will no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of dispute was received by the other party but that were not resolved in bellwether proceedings. Such disputes may be filed only in the state courts in the State of Delaware or if federal jurisdiction exists, in the United States District Courts located in the State of Delaware for, and you consent as part of the Agreement to venue such cases exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

13.2.4. Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

13.2.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

13.2.6. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

13.2.7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

13.2.8. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

13.2.9. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, complaint or remedy under the EU General Data Protection Regulation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

13.2.10. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the State of Delaware for such purpose

14. General Terms:

14.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.2. Entire agreement: These Terms and the documents incorporated herein by reference are the entire agreement between you and us with respect to the Services and replace and supersede all prior and contemporaneous understandings and agreements related thereto. Section headings are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Terms. Additional agreements or documents may apply to certain features of the Services or other services we offer, which become part of these Terms.

14.3. Export Regulation. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. You must comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside your jurisdiction or country.

14.4. No partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.

14.5. Enforcement: We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action We may deem appropriate.

14.6. Assignment: These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.

14.7. Notices: You agree that we may provide you with notice by any means, including (without limitation) via email or postings on the Services. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You agree that notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically from us, you must stop using the Services. A notice that we give you is deemed given even if it is intercepted by your spam filter and not actually read or seen by you. Unless otherwise specified in these Terms, all notices to us shall be in hardcopy writing and shall be sent by United States Postal Service, Federal Express or United Parcel Service to Magic Potion Games Inc., 8 The Green, Ste 19524, Dover, DE 19901. Notices sent to us pursuant to any section of these Terms shall be deemed duly served and effective only on actual receipt by us.

14.8. Severability; waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as expressly set forth in these Terms, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

14.9. Copyright/Trademark Information. Copyright © 2026 Magic Potion Games Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

THANKS FOR TAKING THE TIME TO READ ALL THAT LEGAL JARGON. NOW GO HAVE FUN!