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Terms of Use

Cimuga.com is owned and operated by CIMUGA, a mobile game company existing under the laws of the state of Minnesota. Our mission is to provide quality games for mobile game players around the world.

Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of Cimuga services. All users of our website, mobile game, and other products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features, promotions, products, or services.

By clicking to indicate your acceptance or otherwise further access or use of any part of our products and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website, mobile game, and our products and services shall also be subject to these Terms of Service.

DEFINITIONS

“Our website” or “this website” – refers to www.cimuga.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, “Website”) owned and operated by Cimuga.

“We”, “Us”, and “Our”– shall be used interchangeably and shall refer to Cimuga, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Cimuga.

“Visitor”– is someone who merely browses this website but has not registered an account.

“Player”– is someone that has registered an account with us to make use of our services.

“User” or “Users” or “You”– is a collective identifier that refers to either a Visitor or Player.

“Account”– means an account created by a Player to access our Services.

“Services” – shall collectively mean our products and services, mobile game, content, and our website.

“Virtual Items”– means virtual in-game items and virtual currency (points, coins, cash, and tokens).

“Community Rules”– means the guidelines that govern your use of our Services and interactions with other players.

“Offers” – collectively refer to special gifts (virtual and tactile) and special programs which Cimuga may offer occasionally to qualified Players.

“User Content”– collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Player profile pictures, in-game text or video chat, and in-game art or other content authored or designed by a User.

LEGAL COMPLIANCE

By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. Cimuga reserves the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.

CHANGE TO THESE TERMS

Cimuga reserves the right, at its sole discretion and without prior notice, to make additions, modifications, remove, or change portions or all of these Terms, our Community Rules at any time. Users will be notified about any changes through in-game notification. In addition, Players will be notified through a message sent to their associated account e-mail.

Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.

In cases of disputes, the version of the Terms and Community Rules at the time we receive your dispute notice will be applicable in resolving your dispute with Cimuga.

These Terms of Service and our Privacy Policy shall govern should any other policies or terms of Cimuga conflict with any provisions of these Terms and our Privacy Policy.

ACCOUNT REGISTRATION AND SECURITY

To use certain features of our Services, you will be required to register an account by providing us with certain identifiable personal information (such as your name, date of birth, e-mail address, payment information, e.t.c) and choosing a secure password. All personal information provided is safe and secure. Kindly read our Privacy Policy to see how we use and secure your personal data.

All personal information you supply Cimuga must be accurate, complete, and promptly updated if there is any change, particularly your email address.

Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any purchases. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

ELIGIBILITY

Who is eligible to use our Sevices: We are happy to have you play our games, but our games and services are limited to eligible Users.

⦁ You are not permitted to use our Services if you are below the age of 13. Users below the age of majority require a parental or legal guardian to agree to be bound by these Terms and other terms applicable to the use of our Services. Such parental or legal guardian shall be fully responsible for any acts or omissions of the User below the age of majority.

⦁ Our services are designed for personal use only. Businesses, organizations, or companies are prohibited from using our Services.

⦁ You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.

⦁ You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.

USING OUR SERVICES

Cimuga provides you games and Services while you provide the equipment ( phones, computer, tablet, e.t.c) needed to play our games or access our Services. To play our games or access our Services, you may need an account with us or have an account with a social media network (like Facebook) which can be used to log into our services after you grant us certain permissions.

You must follow our Community rules and terms applicable to the use of our Services. If you access our Services through a social network or you downloaded our Game through a third-party service like google play store or Apple then you must agree and comply with the terms of such a third-party platform.

From time to time, and to provide you with a better experience, our Services will likely evolve through remote updates which you will be required to accept. We reserve the right to discontinue, temporarily or permanently terminate or suspend our Services or part of our Services at any time. Cimuga will not issue a refund, benefit, or compensation in any form in respect to such suspension or termination of Service or virtual items earned or purchased unless applicable law requires us to do so.

Deleting your Account: You can delete your account at any time if you wish to stop using our Services. Upon deletion, you can further request that we delete your data in accordance with our Privacy Policy practice. Refunds or compensations are not applicable to Users who willingly deleted their accounts unless otherwise required by law.

OWNERSHIP; USER LIMITED LICENSE

Games and Services: All contents provided to you by our Services are owned and licensed to CIMUGA. Our contents and all associated Services are trademarked, copyrighted, patented, and have obtained worldwide intellectual property rights. All rights are reserved. Cimuga, subject to your acceptance and abiding by these Terms and our Community Rules grants you a limited license to use our services for personal, non-commercial, and entertainment purposes only. You agree not to use our services in any way that will tarnish the good public reputation of Cimuga or bring Cimuga any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms or Community Rules.

We reserve the right to terminate and delete data on accounts that are dormant (i.e, not logged into) for a period of 180 days. Refunds or compensations won’t be offered to such account owners. You are solely responsible for securing and backing up your content.

YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF CIMUGA WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items on Cimuga: All accounts and virtual items whether earned or purchased remain the sole property of Cimuga irrespective of any statement in our Terms, Community Rules, or other terms of our Services. Cimuga grants you limited license and usage rights to your account and virtual items while using our Services.

Transfer, sublicensing, gifting, or transacting virtual items in any form outside our Service is void and highly prohibited. Users found to engage in such illicit behavior will be banned from using our Services.

Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos animations, artworks, software, videos, audios, e.t.c (all collectively referred to as “User Content”) The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Cimuga.
The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Cimuga to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Cimuga.

In order to post, transmit, upload, or publish any content on our Services, you agree that such content is:

⦁ Originally yours, not in violation of any third party rights, or that you have obtained adequate right and license from the owner of the content before posting.

⦁ Authentic and accurate

⦁ not in violation of any local, federal, or international law.

⦁ not considered to be confidential

⦁ not prohibited or in violation of any section of our Terms or Community Rules.

⦁ free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, e.t.c

All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.

User content license to Cimuga ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:

⦁ User contents that are licensed to Cimuga under different license terms and agreements.

⦁ Contents a User shared with other Users which has been made public or have been stored privately.

⦁ Contents a User submitted to us in response to promotions which may be subject to different terms of the promotion.

We will take necessary steps to delete User content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.

Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, e.t.c) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.

Cimuga won’t be liable for any inappropriate use of your content which was copied from the public section of our Service by other Users

We reserve the right at our sole discretion to delete User content that doesn’t comply with our Terms, Community Rules, and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.

MONITORING USE OF SERVICES AND USER CONTENT

Cimuga does not and is not obligated to monitor User content or conduct of Players using our Services. We do not endorse or approve content posted by Users so we can not guarantee the accuracy or appropriateness of your view. User are responsible for the content they post, Cimuga is not responsible for such content and won’t be liable for any damage caused by such information, materials, products, or services offered by other Users through our Services. Using our Service is at your sole discretion, you understand you may be exposed to content that are offensive or Players with inappropriate behavior. If you encounter such offensive content or a Player violating our Terms or abusing our Services, Kindly let us know immediately by using the “Report” button or contact customer support.

While we are not obligated to monitor User contents, we may at our sole discretion, record, monitor, or store your communications with other Users, in-game text, video chats, your interactions with our Services, e.t.c. For more information, see our Privacy Policy.

Without notice, we may choose to modify, reject, or completely delete any User content we find inappropriate or to be against our Terms or Community Rules and may further limit or terminate a Player’s account for posting content that are against or violates our Services.

POSTING HYPERLINKS

Users can create and post hyperlinks on our Services if such links do not;

⦁ Lead other Users to harmful sites or to virus-infected sites;

⦁ Mislead other Users in

⦁ Lead to sites containing adult contents or offensive contents; and

⦁ Portray Cimuga in any derogatory, defamatory, or negative way that will hurt the public view of Cimuga.

We may limit your ability to post hyperlinks at any time without any reason. Users are prohibited from using our logo, trademarks, or other proprietary graphics outside our service and for any reason without prior approval from Cimuga.

YOUR INTERACTIONS WITH OTHER PLAYERS

Communications and interactions between Players are solely at the discretion of the Players involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Players, you accept all liability you agree not to hold Cimuga or anyone associated with Cimuga responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Player.

We offer you the ability to play against your friends, family, or other opponents who are real people but sometimes, we may match you with AI-generated players with the right skill level when there are no real players available to play against.

We also offer you the feature to SMS or MMS text messages to your friends, family, or other contacts. Your use of this feature is solely at your own discretion and risk, standard SMS and data rates may apply during your use of such feature. We have no control over the delivery time of your messages or appropriateness of purpose for this feature so we do not guarantee this will be suitable for important or emergency messages. You agree not to abuse or send unsolicited or inappropriate messages to other people who use this feature.

PAYMENT TERMS

We provide you access to games, Virtual Items, and other related products as a Service. You make payments with “real world” money to acquire rights and a limited license to use our Services and related virtual items.

How it Works:

Visit the purchase page of any of our games, select the virtual item or purchase you wish to make, then input your billing information to buy the associated virtual item. Payments are usually processed by a secure third party payment processing company or Apple/Google if you are purchasing through your mobile device. After your purchase is completed, you will be granted the right and limited license to use our virtual items in our games.

When purchasing any of our Service or Virtual items, you will be able to see the amount associated with the specific item and the payment methods available to you. Upon completion of your purchase, we may send you email confirmation containing details of your order. Kindly verify the confirmation details are correct. You can contact us as soon as possible if you notice any error. Your confirmation email is your receipt, we advise you to save a copy.

All purchases made through Apple and Google are governed by the respective platform’s terms and conditions, Cimuga is not associated with such payment. Users are advised to review the policies of these companies regarding payment processing before buying. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Apple or Google.

Your limited license and rights to the items and Services you purchased begin as soon as with accepting your payment.

By proceeding with your purchase and by clicking the purchase/order button on the purchase window or page you:

⦁ Your virtual items will only be delivered after we have accepted your order;

⦁ You agree and confirm the virtual item you are purchasing is not refundable, therefore, can not be canceled after purchase; and

⦁ if you are a resident of the European Union (the “EU’), you waive the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You acknowledge and agree that the Virtual Items you earn or purchase within our Services are merely virtual item that are not tangible and can only be used within our Service, you understand and agree that all Virtual Items within our Services remains the property of Cimuga, that your purchase is only to obtain a limited license to use such virtual item and it does not equate any real currency value. Your Account with Cimuga and any associated account balance does not reflect real-world or real-currency account balance but instead constitutes a measurement of the extent of your limited license.

NO REFUND POLICY

All sales and purchases from Cimuga are final and non-refundable for any reason. We do not offer any sort of compensation or money for unused Virtual Items or Items purchased that don’t fit your purpose. What you purchase is a limited license and the right to use existing virtual items. When your account is closed voluntarily or involuntarily, you will automatically lose the virtual items and the limited license granted to the associated account, no refund will be issued irrespective of the payment method or platform you used while purchasing the Virtual Item.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

We may revise the pricing of the Services we license to you at any time. You hereby agree and acknowledge to pay all fees and applicable taxes incurred by your account with Cimuga. Subscriptions are also subject to our additional Subscription Terms.

Billing Support:

For billing-related support, kindly contact our customer support or call our billing support team on 1 612-704 -8912 (North America Residents only) or your country code + 612-704-8912 (all other countries). Our billing support is limited to the English language only. Before calling any of these numbers, be sure the support you need is related to billing as our billing team will not be able to help you with non-billing-related questions. For non-billing-related questions, kindly contact our customer support.

OFFERS AND PROMOTIONS

We may occasionally offer Users limited-time promotions. Kindly read the official rules associated with such promotions which are considered part of these Terms.

Additionally, we may promote offers from time to time. Our giving and your acceptance of such offers are optional. All offers are not redeemable, transferable, or exchangeable for other things of value, except at our sole discretion. You may be required to sign a Declaration of eligibility and liability release or other paperwork to be able to receive the offer you accepted. Some of our offers may be subject to taxes and other charges, travel, or activities outside of the virtual world, such conditions will be disclosed to you before you accept an offer. Your acceptance of an offer binds you to the terms of such offer, you assume all liability associated with the accepted offer.

THIRD-PARTY ADVERTISING

We may feature advertisements from third-party companies through links on our games or website, some of these third-party advertisements provide you promotional offers and offer you some features of the Services or upgrade (such as in-game currency) in exchange. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.

Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.

You agree not you hold Cimuga liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.

Our Privacy Policy explains what information we share with advertisers. Please read it.

COPYRIGHT NOTICES/COMPLAINTS
Cimuga takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Cimuga reserve the right to terminate the account of any player that infringes the intellectual property rights of others (repeatedly) without notice.

FEEDBACK AND UNSOLICITED IDEAS

We may require you to leave us feedback on certain features through a customer insights program or through a promotion. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a promotion or program, your feedback is subject to the guidelines of the specific promotion or program.

All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.

AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Cimuga assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL “DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CIMUGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR SERVICES. CIMUGA MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. CIMUGA MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.

LIMITATIONS; WAIVER OF LIABILITY

IN NO EVENT WILL CIMUga OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF cimuga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, cimuga’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR THE PURCHASES MADE THROUGH OUR SERVICE.

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.

For Players having problems with the Service, issues can be resolved on one of our player forums.

If you have any dispute against us, we suggest you first contact our customer support to get it resolved. In the event the dispute can’t be resolved through our customer support, you and Cimuga both agree to arbitrate according to the description below.

By voluntarily agreeing to these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you and Cimuga both agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms, Community Rules, your relationship with us, or Cimuga’s Services, including but not limited to your use of the Services and information you provide via the Services, through final and binding arbitration. This is applicable to all claims under legal theory unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your Cimuga account or delete it.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you and Cimuga both agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, except as limited by these Terms. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If any party disagrees about whether this “Agreement to Arbitrate and Class Action Waiver Section” (or any portion of this section, including without limitation the provisions relating to arbitration, class action waiver, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that a court will have sole authority to decide those issues.

If a court determines that any provision under the heading “No Class Actions” or “Related Claims” is not enforceable or valid, then the entire section (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms and Community Rules will still apply.

In addition, if you or Cimuga brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You or Cimuga may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

The Arbitration Process

The American Arbitration Association (“AAA”) will control any arbitration between you and Cimuga, and AAA’s then-current rules and procedures, including the Consumer Arbitration Rules, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org).

If you reside outside of the United States, arbitration may take place in the county where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of California, United States of America. You and Cimuga further agree to submit to the personal jurisdiction of any federal or state court in Minneapolis, Minnesota in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Cimuga agrees that to initiate any arbitration claim against you with the AAA, Cimuga must include the following information in addition to what is required by the AAA: (1) identifying information linked to any and all your Cimuga accounts that it can identify (past or present), including Cimuga IDs, Facebook IDs, and email addresses and (2) a specific explanation of how Cimuga believes it was harmed by your conduct and the facts supporting its claim for monetary relief. You agree that to initiate any arbitration claim against Cimuga with the AAA, you must include the following information in addition to what is required by the AAA: (1) identifying information linked to any and all your Cimuga accounts that you can identify (past or present), including Cimuga IDs, Facebook IDs, and email addresses and (2) a specific explanation of how you believe you were harmed by Cimuga’s conduct and the facts supporting your claim for monetary relief.

You and Cimuga agree to appear (in person or remotely by telephone, video conference, or other live electronic communication) for any hearing unless you and Cimuga later agree otherwise.

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the AAA Consumer Arbitration Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Cimuga will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Cimuga for all such cost and expenses that Cimuga paid and that you would have been obligated to pay under the AAA rules.

In the event that the AAA is unable to appoint an arbitrator to any claim brought by you or Cimuga, either party may apply to a state or federal court in San Francisco, California for appointment of an arbitrator. Any arbitrator appointed by a court shall conduct the arbitration in conformity with AAA rules and procedures (including those concerning costs and expenses), except where these Terms provide otherwise.

Related Claims

The parties agree that, in the event that multiple claims are filed with the AAA that arise from the same or substantially similar transactions, incidents, or events (“Related Claims”), those arbitration claims (whether brought against Cimuga or you) will be processed by the AAA individually, and in the order they are filed. The parties agree that AAA may not accept any Related Claim for arbitration, or charge any filing fees for a Related Claim, until any earlier-filed Related Claim(s) have been accepted for arbitration and an arbitrator appointed to the Related Claim(s). If multiple Related Claims are filed at the same time, the parties agree that the claims will be processed individually in an order to be determined by the AAA, and that AAA will not accept any such Related Claim for arbitration or charge any filing fees for such Related Claim, until an arbitrator has been appointed to any Related Claim(s) deemed to be prior in order.

In order to ensure the impartiality and independence required of an arbitrator under the AAA rules, the parties agree that an arbitrator may not be appointed to adjudicate a claim if the arbitrator is involved in any Related Claims.

Exceptions to Agreement to Arbitrate

The parties all agree that they will go to court to resolve disputes;

⦁ Relating to your, Cimuga’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);

⦁ Relating to any violation of the Community Rules;

⦁ Where the sole form of relief sought is injunctive relief; or

⦁ Within the jurisdiction of small claims courts.

The parties agree not to pursue injunctive relief in arbitration, which must be sought in court. If a party has a dispute in which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek injunctive relief and must arbitrate to seek other forms of relief.

For more information about which court the parties can go to for resolving these types of disputes, see Section “Venue for Legal Disputes Not Subject to Arbitration” below

No Class Actions

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you and Cimuga both agree that the parties can only bring a claim against each other on an individual basis.

That means:

The parties agree that neither you nor Cimuga can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.

The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).

The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Cimuga players, and cannot be used to decide other disputes with other players.

Opting out of the Agreement to Arbitrate and Class Action Waiver

You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Notices. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section. If you opt out of these arbitration provisions, Cimuga also will not be bound by them.

Changes to “Agreement to Arbitrate and Class Action Waiver Section”

We will give you 60-days’ notice by email or through the Services if we change this Section on our Agreement to Arbitrate and Class Action Waiver. If this subsection on Changes to “Agreement to Arbitrate and Class Action Waiver Section” is found to not be enforceable or valid, then this subsection shall be severed from “Agreement to Arbitrate and Class Action Waiver Section”, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.

Survival

This “Agreement to Arbitrate and Class Action Waiver Section” shall survive termination of these Terms.

APPLICABLE LAW
If you live in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of “Agreement to Arbitrate and Class Action Waiver Section”. In addition, these Terms and our relationship will be governed by Minnesota law, except for its conflicts of laws principles.

If you live outside the United States, these Terms and our relationship will be governed by the United States law, except for its conflicts of laws principles.

VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

If you live in the United States, judicial proceedings (excluding small claims actions) that are not covered in the “Agreement to Arbitrate and Class Action Waiver Section” must be brought in state or federal court in Minneapolis, Minnesota, unless the parties agree to a different location. You and Cimuga both consent to venue and personal jurisdiction in Minneapolis, Minnesota.

If you live outside the United States, judicial proceedings must be brought before a court of competent jurisdiction in the state where you are resident (“Applicable Jurisdiction”), unless the parties both agree to a different location. You and Cimuga both consent to venue and personal jurisdiction in the Applicable Jurisdiction.

SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. Except as the “Agreement to Arbitrate and Class Action Waiver Section” under the “No Class Actions” heading, if any part of these Terms or Community Rules is not enforceable, the rest of these Terms and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

ASSIGNMENT

We reserve the right to assign our rights and obligations under these Terms and Community Rules to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms and Community Rules to any party without obtaining prior written consent from Cimuga, any attempt to do so without our consent is void.

ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Cimuga relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

LANGUAGE OF THE TERMS

The translated version of this Terms and Community Rules are for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.

NO WAIVER

Our non-enforcement of our rights under these Terms or Community Rules at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms or Community Rules, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

NOTICES

Notices will be sent to your e-mail, or post a message on www.cimuga.com or within the Cimuga game you place or through other means of communication based on your contact information we have on file.

All notices from Users must be in writing and addressed to PO Box 242021 Apple Valley Minnesota 55124, unless we stipulate another specific means of sending us notices.

FORCE MAJEURE

Cimuga will be free of liability to Users where we are prevented from executing our obligations under these Terms in whole or in part due to force majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where we have communicated the circumstance of said event to Users and taken any and all appropriate action to mitigate said event.

REWARDS

Two rewards will be given for each month. ; to the “Highest Score” and “Most Total Score.” We reward first place players to the “Highest Score (“Mr./Ms. Big Grab”) per month and “Most Total Coins” earned (“Mr./Ms. Hip Hop Scramble”).

Rewards will be but not limited to e-gift cards, merchandise, and virtual gifts. Cimuga reserves the right to discontinue rewards given away at any time without notice.

TIE BREAKER

Ties will be rewarded for in-game rewards (coins, virtual gifts, etc.). For example, if three players tie for 1st, all three will receive first place in-game rewards. The following rank would be 4th, which would receive no prizes.

For monetary/physical goods versions of rewards:

The first player to achieve the checkpoint for the rewards gets first place. In the event two players tie for first place, the reward will be given to the player who achieved first place first. In the event two players tie for first place simultaneously, it’ll default to whoever has the most active account within the month based on our data.

Agreeing to these terms, the user gives Cimuga the right to mention, “@”, etc. for promotion purposes only regarding future contests.

CONTACT INFORMATION

Questions about these Terms and Community Rules should be sent to us at: contact@cimuga.com.