Terms and Conditions

Last updated: January 18, 2024

Welcome to Reflection Games!

1.     Acknowledgement

Please read these terms and conditions (“Terms”) carefully.   These Terms govern the relationship between you and Reflection Games (referred to as either the “Company", "We", "Us" or "Our" in this Agreement), and set forth the terms and conditions by which you may access and use our games, mobile applications, the software imbedded therein, the features and functions thereof and our related website, services, applications, products and content  (our “Services”).

·       These Terms apply to all visitors, users and others who access or use the Services.

·       THIS IS A LEGALLY BINDING AGREEMENT. BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

·       If you disagree with any part of these Terms then you may not access the Service.

·       Our Services are not directed to r users under 13 years (or other age as required by local laws “Minor(s)”).  The Company does not permit Minors to use the Services, except under limited circumstances and with restrictions on the use of personal data (see our Privacy Policy).  

·       If you are over 13 but under the age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms.

·       If you are the parent or guardian of a Minor, you are agreeing to these Terms on your behalf and on behalf of your Minor who you have authorized to use the Services pursuant to these Terms.  

·       Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Our Privacy Policy.  Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information. Please read Our Privacy Policy carefully before using Our Services.

2.     Placing Orders for Goods

By placing an order for physical or virtual items offered for sale through the Services (“Goods”), you warrant that you are legally capable of entering into binding contracts.

A.    Order Cancellation

We reserve the right to refuse or cancel your Order at any time for any reason, including due to:

·       Goods availability

·       Errors in the description or prices for Goods

·       Errors in your order or our services

·       Fraud or an unauthorized or illegal transaction is suspected

B.    Return of Physical Goods

Any physical goods (“Physical Goods”) you purchase can only be returned in accordance with these Terms and according to any return terms provided upon the sale of such Physical Goods.  Any returned Physical Goods must be:

·       in the same condition as you received them.

·       include all of the product's instructions, documents and wrapping

·       returned within 30 days.

Physical Goods that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Physical Goods while they are in your possession.

We will reimburse you no later than 14 days from the day on which We receive the returned Physical Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement.

C.    Virtual Goods

Our Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. The Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and We reserve and retain all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside Our games, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in the termination of your Account.

When purchasing Virtual Currency or Virtual Goods, you agree that:

·       We have the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in Our sole discretion.

·       We may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

·       Any payment for the right to Virtual Currency or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit.

·       You are not entitled to a refund for any Virtual Currency or Virtual Good, except as otherwise required by applicable law.

·       All such purchases of Virtual Currency or Virtual Goods is final.

·       If your order for Virtual Goods or Virtual Currency becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price.

For Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK). You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Goods anytime within 14 days from the day of purchase without giving any reason by contacting our customer service at privacy@reflection.games and informing us that you wish to withdraw the purchase.  However, your right to withdraw will be lost once the content or service has been fully provided to you.

D.    Availability, Errors and Inaccuracies

We are constantly updating Our offerings of on the Services.  Our prices are at our discretion and may change at any time.  The Services may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services and in Our advertising on other websites.  We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

E.    Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of your Order. 

You can also make a purchase through an application store.  See below “In-App Purchases.”

YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 13 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS.

3.     In-app Purchases

Applications you use may include “In-app Purchases” that allow you to buy products, services or subscriptions. In-app Purchases refers to the purchase of physical or virtual goods, items, services or subscription made through a third party application and subject to these terms of the application store's own terms and conditions.

More information about how you may be able to manage In-app Purchases using your device may be set out in the application store's own terms and conditions or in your device's help settings.

In-app Purchases can only be consumed within the application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

You acknowledge and agree that all billing and transaction processes are handled by the application store from where you downloaded the application and are governed by that application store's own terms and conditions.  If you have any payment related issues with In-app Purchases, then you need to contact the application store directly.

4.    Taxes

You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.

5.     Promotions

Any contests, sweepstakes or other promotions (“Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

6.     User Accounts

When you create an account with Us, you must provide Us information that is accurate, complete, and current at all times (“Account”). Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on Our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a third party.

You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.

You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, your progress through our games and/or the level or score you have reached in our games and any Virtual Money or Virtual Goods associated with your Account). We have no obligation to reinstate your Account or be liable for any loss of data if you delete your Account, or if we delete your Account in accordance with these Terms.

7.     Intellectual Property

The Services and its material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark and other intellectual property rights.   (excluding Content provided by you or other users).  These Services and its materials are and will remain the exclusive property of the Company and its licensors.

Subject to your agreement and continuing compliance with these Terms and any other relevant Company policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Services for your own personal, non-commercial entertainment purposes.  Our Services, including the materials set forth above, may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance.

A.    Infringement

We respect the intellectual property rights of others. If you believe that your intellectual property has been infringed, please contact us at privacy@reflection.games and include in a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting an infringement claim.

B.    DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

·       A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

·       Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.

·       Your address, telephone number, and email address.

·       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at privacy@reflection.games. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

8.     Content

A.    Your Right to Post Content

Our Services allows you to post Content.  “Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to Us pertaining to Our Services.

You are responsible for the Content that you post, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant Us the right and global, irrevocable, fully paid, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license to use, copy, network transmit, promote, create derivative works, sell, offer to sell, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

B.    Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your Account, whether done so by you or any third person using your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

·       Unlawful or promoting unlawful activity

·       Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups

·       Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling

·       Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person

·       Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights

·       Impersonating any person or entity including the Company and its employees or representatives

·       Violating the privacy of any third person

·       False information and features

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms.  The Company further reserves the right to refuse, remove or edit the Content. The Company can also limit or revoke the use of the Services for objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

C.    Content Backups

The Company does not guarantee there will be no loss or corruption of Content. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

9.     Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

10.  Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or one hundred dollars USD, if you haven't purchased anything through the Service.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

11.  "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.  In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

12.  Governing Law

The Services are governed by the laws of the State of Washington in the United States. Your use of the Services may also be subject to other local, state, national, or international laws.

13.  Miscellaneous.

·       You agree that the Company expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone use or access to our Services and to change or cease our Services or any portion thereof.

·       You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.

·       In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.

14.  Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

15.  United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

16.  Severability and Waiver

A.    Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

B.    Waiver

No failure or delay on the part of the Company in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

17.  Translation Interpretation

These Terms may have been translated if We have made them available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.

18.  Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

19.  Contact Us

If you have any questions about these Terms, you can contact us:

By email: privacy@reflection.games.com

By visiting this page on our website: reflection.games.com/privacy

By phone number: (206) 420-2386

By mail: 5001 25th Ave NE, Suite 200, Seattle, WA 98105