Terms and Conditions


Last Updated 6/5/2015

By accessing and using the games available on the website or through third party marketplaces (“Games”) and the website (the “Website”) (collectively the “Services”), you are agreeing to these Terms of Service (“Terms”). You should review these Terms, along with the Privacy Policy, which is incorporated by reference, as they form a binding agreement between Daily Magic Productions (“Daily Magic” “we” or “us”) and you. Daily Magic may revise these Terms from time to time, in our discretion without notice to you. The most current version of the Terms can be reviewed by clicking on the “Terms of Service” link located at the bottom of the Daily Magic Website. Changes become effective immediately at the time of posting.

  1. PARTICIPATING WITH THE SERVICES.

Accessing the Services. You may use the Services only if you can form a binding contract with Daily Magic and are not barred from receiving services under the laws of the United States or applicable jurisdiction. If you do not agree to the Terms of Service, do not use the Services.

Privacy and Personal Information. Please review our Privacy Notice for information relating to the collection and use of your information.

  1. CREATING AN ACCOUNT.

In order to use the Services, you may be required to create an account with a social networking site, third party app store or marketplace.  The terms of that social networking site, third party app store or marketplace govern your account.  If you violate such terms, we may revoke your right to use the Services.

  1. USE OF THE SERVICES.

We grant you a non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, non-commercial use only. If you download any software as part of the Services, you may install and use it on a single device at any time and you may not reproduce or distribute the software for any reason.  You shall not (and shall not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Services, (ii) remove any product identification, copyright or other notices displayed on the Services or (iii) assign, transfer, provide, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise permit any third party (other than Your employees and agents) to use the Services. We retain all title to, and except as expressly licensed herein, all rights to the Services, including, without limitation, all copies, derivatives and improvements thereof and all related documentation and materials.

  1. DAILY MAGIC PROPRIETARY RIGHTS.

The Services are owned by Daily Magic or its third party licensors and are protected by intellectual property and other laws throughout the world. You may not copy, reproduce, republish, distribute, sell, license, transfer or modify the Services without the express written permission of Daily Magic. In addition, the trademarks, logos and service marks displayed on the Services are the property of Daily Magic or its licensors. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SERVICES IS PROHIBITED. Use of the Services for any purpose not expressly permitted in these Terms of Service is prohibited.

  1. ACCESS TO THE SERVICES.

Daily Magic does not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by other parties to obtain access to our Services and for providing the equipment necessary to access the Services. From time to time Daily Magic may modify, suspend or discontinue any of the Services without notice to you. Daily Magic shall not be liable to you for any modification, suspension or discontinuance of Services. Daily Magic may establish certain policies and practices concerning use of the Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

  1. IN-GAME PURCHASES.

Certain Services may be available for a fee and may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) for a fee.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Services, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Service. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Services. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Daily Magic has no liability for hacking or loss of your virtual items. Daily Magic has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these terms or the terms of any social networking service, third party app store or marketplace. Daily Magic reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

  1. LINKS TO THIRD PARTY SERVICES.

While our Services may have links to the websites of other companies and parties, Daily Magic has no control over those websites. Daily Magic is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Daily Magic is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

  1. TERMINATION.

You may terminate your participation at any time by discontinuing use of the Services. At that time we may delete information you have submitted via the Services. If you have a dispute with us relating to the Services, cease use of the Services. Ceasing all use of our Services is your only remedy with respect to any such dispute that you may have with us.

  1. DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT: THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND”AS AVAILABLE” BASIS. DAILY MAGIC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SITE OR THE SERVICES OR DATA YOU SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTY APP STORES OR MARKETPLACES. DAILY MAGIC DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-­‐FREE, AND DAILY MAGIC MAKES NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. DAILY MAGIC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

  1. LIMITATIONS OF LIABILITY.

YOUR USE THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. DAILY MAGIC, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF DAILY MAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. CHOICE OF LAW & VENUE.

These Terms of Service, your access and use of the Services and the relationship between you and Daily Magic is governed by the laws of the State of Washington, without giving effect to its conflict of law provisions. Daily Magic and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Washington.

  1. COPYRIGHT AND TRADEMARK NOTICE.

Services and its contents Copyright (c) 2015 Daily Magic Productions, Inc. All rights reserved. All Game names, and the names of Daily Magic products and services shown herein are the trademarks or registered trademarks of Daily Magic. Other trademarks belong to their respective owners.

  1. EXPORT

The Services may be subject to United States and international export controls. By accessing the Services, you warrant that you are not located in any country, or exporting any Services, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Services that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

  1. MISCELLANEOUS.

Our relationship is not one of agency or partnership and neither you nor Daily Magic shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If Daily Magic fails to enforce any provision of these Terms of Service it shall not constitute a waiver of such provision. These Terms of Service may be modified only by Daily Magic posting changes to these Terms of Service on the Website. Each time you access the Website or App, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under these Terms of Service. This agreement will inure to the benefit of Daily Magic’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Service, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. These Terms of Service, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Services, and they supersede any prior agreements, statements or representations with respect to the same.

  1. CONTACT INFORMATION

You may contact us with questions at: Daily Magic Productions, Inc., 500 Yale Ave. N., Seattle, WA 98109 or support@dailymagic.info.