Terms Of Service
Effective January 12th, 2024.
Please read these Terms of Service and our Privacy Policy carefully before using MacOligarch Services.
Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.
References to “MacOligarch, “Us” or “We” means MacOligarch LLC and its Corporate Family.
1. DEFINITIONS.
“Account” means an account you create when you access the Services. The account may not be needed in all the applications provided by MacOligarch.
“Community Rules” means the rules of conduct that govern your interaction with our Services and can be found here.
“Feature Terms” means any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that MacOligarch may offer from time to time.
“Services” refers to products, applications, services, content, MacOligarch.com and/or the other domains provided by MacOligarch.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload or transmit on or through the Service.
2. CHANGES TO THESE TERMS.
We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Community Rules, Feature Terms, and Privacy Policy at any time by posting the amended Terms, Community Rules, Feature Terms, or Privacy Policy on our sites or within the Service (such as through in-app notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms, the Community Rules and the Privacy Policy and any other policies, codes or rules will be accessible at www.macoligarch.com or from within the Services.
If you have a dispute with MacOligarch, the version of the Terms, the Community Rules, Feature Terms, and the Privacy Policy in effect at the time MacOligarch received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.
You can’t make changes to the Terms, Community Rules, Feature Terms, or Privacy Policy unless both you and MacOligarch sign a written amendment.
If the Terms or the Privacy Policy have provisions that conflict with other MacOligarch terms or policies, the provisions in these Terms and the Privacy Policy win.
3. PRIVACY.
MacOligarch’s Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in MacOligarch’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.
We encourage you to read the MACOLIGARCH Privacy Policy carefully and use it to make informed decisions.
4. USING OUR SERVICES.
Who can use our Service: We are excited to have you using our apps, but there are some limits on who can use our Service.
You may not use our Service if:
You cannot enter into a binding contract with MacOligarch;
You have previously been banned from using any MacOligarch Service.
Additional Important Rules and Terms:
If you use our Service, you must follow the MacOligarch Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms.
Accessing our Service:
To access our apps or create an account with Us, you may need an account with a social network, like Facebook, and, if you are using our mobile Service, an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Service.
We provide the apps. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.
Service Changes and Limitations:
The Service is evolving and We may require that you accept updates to the Service as well as to the Terms, Community Rules, and the MACOLIGARCH Privacy Policy. From time to time we may make you update the application or your software to continue to use Our Services. We may perform these updates remotely including to MacOligarch software residing on your computer or mobile device, without notifying you.
MacOligarch reserves the right to stop offering and/or supporting the Service or a particular application or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, MacOligarch is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Service or for virtual goods previously earned or purchased.
MacOligarch MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND MACOLIGARCH IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
5. OWNERSHIP; LIMITED LICENSE.
Applications and Service:
The Service is comprised of works owned by MacOligarch, and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. MacOligarch owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.
So long as you abide by these Terms and any other rules, including the Community Rules, MacOligarch grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a MacOligarch supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of MacOligarch’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY MACOLIGARCH application IS A VIOLATION OF MACOLIGARCH POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
6. PAYMENT TERMS.
We provide a service in the form of access to applications and Virtual Items. In the Service you may use “real world” money to obtain a limited license to use Virtual Items and/or other goods or services.
How it Works:
You get a limited license to Virtual Items by visiting the purchase page in one of our applications and providing billing authorization through the platform on which You are playing (e.g., Facebook, Apple iOS, Android).
We DO NOT have payment methods on our website.
For Virtual Items, your order will represent an offer to Us to obtain a limited license for the relevant service(s) or virtual in-app item(s) which will be accepted by Us when We make the Virtual Items available in your account for you to use in our applications or debit the account through which you paid, whichever comes first. Your limited license to Virtual Items for use in MacOligarch applications is a service provided by MacOligarch that starts when We accept your payment.
For orders to obtain a limited license to use Virtual Items, by clicking the button on the purchase window or page you agree that we may start to supply your purchased Virtual Items immediately after you have clicked that button; and if you reside in the European Union, you acknowledge that you will therefore no longer have 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 understand that while you may “earn” “buy” or “purchase” Virtual Items in our Services, You do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL:
YOU ACKNOWLEDGE THAT MACOLIGARCH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
If you purchase third party currency or choose to make a payment in our Services through a third party (like Facebook, Apple, or Google), you are agreeing to the third party’s payment terms, and MacOligarch is not a party to the transaction.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. MacOligarch may revise the pricing for the goods and services it licenses to you through the Service at any time.
Subscriptions are also subject to additional terms, which can be found at Subscription Terms below.
7. Subscription Terms.
Some of MacOligarch’s applications may offer subscription services. If you purchase a subscription, then by clicking the purchase button you are requesting that We begin supplying the subscription services immediately and are entering into a daily/weekly/monthly/yearly subscription contract with Us. You are also authorizing a charge to you of a recurring subscription fee at the rate quoted at the time of purchase. For subscription services purchased in a MacOligarch application available on a platform such as Facebook, Apple or Google, the platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument you provide when you start your subscription (or to a different payment instrument, if you change your account information). Please note that prices and charges are subject to change. If MacOligarch makes a change to the monthly subscription rate in U.S. Dollars, we will let you know in advance.
Your subscription will automatically renew each period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews each period, otherwise payment of the next period’s subscription fees will be taken automatically via your chosen payment method.
You may cancel at any time by visiting the Subscription Management page within the relevant application, clicking the Subscription Details button and following the instructions for canceling your subscription. You may also be able to cancel your subscription directly through the platform. For other platforms, please review their customer support websites or contact their customer support numbers for information regarding canceling auto-renewing subscriptions.
SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS, EXCEPT FOR EU CUSTOMERS THAT CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE, AS EXPLAINED BELOW.
If you reside in the European Union, subscription services may be cancelled within 14 days from the date of your purchase and you may obtain a refund of your initial payment minus a reasonable pro-rated portion to cover your use of the subscription service prior to cancellation. Currently, subscription services are offered only in certain MacOligarch applications.
8. THIRD PARTY ADVERTISING.
Currently, none of our applicati
ons have any third party Ads. If this shall change, we will update this section with relevant information.
9. COPYRIGHT NOTICES/COMPLAINTS.
We respect the intellectual property rights of others and ask that you should, too. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. We reserve the right to terminate any user’s access to the Service if We determine that the user is a “repeat infringer.” We do not have to notify the user before We do this. We also accommodate and do not interfere with standard technical measures copyright owners use to protect their materials.
10. WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS.
Neither MacOligarch nor any MacOligarch Affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.
USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MACOLIGARCH AND MACOLIGARCH AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. MACOLIGARCH AND ANY MACOLIGARCH AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.
11. LIMITATIONS; WAIVERS OF LIABILITY.
YOU ACKNOWLEDGE THAT MACOLIGARCH AND THE MACOLIGARCH AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF MACOLIGARCH AND/OR THE MACOLIGARCH AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID MACOLIGARCH AND/OR THE MACOLIGARCH AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID MACOLIGARCH OR ANY MACOLIGARCH AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MACOLIGARCH AND/OR ANY MACOLIGARCH AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
12. INDEMNITY.
If you use or misuse the Service, or if you violate these Terms or any other applicable rules, including the Community Rules or Feature Terms, and that results in loss or damage or in a claim or liability against MACOLIGARCH or any MACOLIGARCH Affiliate, you agree to indemnify, defend and hold harmless MACOLIGARCH and/or the MACOLIGARCH Affiliate (which means you agree to compensate MACOLIGARCH and/or the MACOLIGARCH Affiliate on a “dollar for dollar” basis) for that loss, damage, claim or liability, including compensating MACOLIGARCH and/or the applicable MACOLIGARCH Affiliate for our legal fees or expenses. If MACOLIGARCH or the MACOLIGARCH Affiliate wants to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in MACOLIGARCH’s and/or the MACOLIGARCH Affiliate’s defense of these cases. MACOLIGARCH and/or the MACOLIGARCH Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.
13. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER.
HIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.
If you are having a problem with the Service, many issues can be resolved on one of our forums.
Before bringing a formal legal case, first contact our Customer Support team at email support@tripledotstudios.com(link sends e-mail) to address your issue Most disputes can be resolved that way.
We Both Agree to Arbitrate
If we can’t resolve our dispute through Customer Service, you and MACOLIGARCH or any member of the MACOLIGARCH Corporate Family all agree to resolve any claims relating to the Terms, the Privacy Policy, Feature Terms or MACOLIGARCH’s Services through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the Exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using your MACOLIGARCH account or deleted it.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are all giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court.
They are less formal than lawsuits in courts, and provide limited opportunity 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. But, if any of us 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 we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
In addition, if you, MACOLIGARCH or a MACOLIGARCH Corporate Family member brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You, MACOLIGARCH or the MACOLIGARCH Corporate Family member may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to
Your, MACOLIGARCH’s, or a MACOLIGARCH Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or your violation of the Community Rules.
For more information about which court we can go to for resolving these types of disputes, see Section 19 (Venue for Legal Disputes Not Subject to Arbitration).
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
That means:
Neither you nor MACOLIGARCH nor any member of the MACOLIGARCH Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
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 we both agree to change this).
The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other MACOLIGARCH users, and cannot be used to decide other disputes with other users.
If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 13 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But, the rest of the Terms, Feature Terms, Community Rules, and Privacy Policy will still apply.
Changes to Section 13 on Agreement to Arbitrate and Class Action Waiver
We will give you 60-days’ notice by email or through the Service if We change Section 13 on our Agreement to Arbitrate and Class Action Waiver.
14. APPLICABLE LAW.
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of United States. You agree that the courts of United States shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
15. SEVERABILITY.
Except as described in Section 13 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, Community Rules or the Privacy Policy is not enforceable, the rest of these Terms, Feature Terms, Community Rules and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
16. ASSIGNMENT.
We may give our rights, or Our obligations, under these Terms, Feature Terms, Community Rules, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, Community Rules, or our Privacy Policy without first getting MACOLIGARCH’s written consent, and any attempt to do so without our consent is void.
17. ENTIRE AGREEMENT.
These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us 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.
18. NO WAIVER.
If We do not enforce a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.
19. NOTICES.
We may notify you by posting something on www.macoligarch.com, or in the MACOLIGARCH application(s) you play, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.
You have to give Us notice of something according to the Terms, Feature Terms, Community Rules, or our Privacy Policy, the notice must be in writing and addressed to MACOLIGARCH Inc., Attn: LEGAL DEPARTMENT, 2260 S Garfield Street, Arlington, VA, USA unless we have provided a more specific method way of notifying us.
Any attempted notice that does not follow these rules has no legal effect.
20. EQUITABLE REMEDIES.
You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms and the Community Rules, if you breach these Terms, Feature Terms, Community Rules and/or our Privacy Policy, or intend to breach these Terms, Feature Terms, Community Rules or Privacy Policy, money damages alone will not be enough to repair the harm to MacOligarch. Therefore, for disputes that are not required to be resolved through arbitration as described in Section 13, MacOligarch may seek injunctive or other equitable relief (e.g., get a court order to make you stop doing whatever you’re doing that is causing harm) if you breach or intend to breach these Terms, Feature Terms, Community Rules or our Privacy Policy and MACOLIGARCH does not have to post any bond or surety or submit proof of damages.
You agree to limit your claims to claims for money damages, as limited by Section 15 (Limitations; Waivers of Liability). And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any MACOLIGARCH application.