Welcome to the Kobots website. This Website is owned and operated by Magicbox, an Barcelona partnership, which is located at Edifici Trade Center II, Avda. Corts Catalanes, 8, p2, desp16, 08173 Sant Cugat del Vallés, Barcelona, España. If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Magicbox by email at email@example.com
Through this Website, you may register, play and collect Kobots and activate Kobots-related products and services.
PLEASE READ THIS USER AGREEMENT (the “User Agreement”) CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
This User Agreement is a contract between you and Magicbox and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, and your parent or legal guardian, in the case of minors. Unless otherwise stated, “Magicbox”, “we” or “our” refers to Magicbox and its successors and assigns.
This Website may provide a link to other websites owned and/or operated by Magicbox (collectively, “Affiliated Sites”). While Magicbox may provide links from this Website to Affiliated Sites and unaffiliated third party sites, those sites are not part of this Website, and each is subject to the terms of a separate user agreement and may have different policies with respect to the collection, use and disclosure of your personal information. Magicbox DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Furthermore, the trademarks used in connection with such third party websites are not trademarks of Magicbox. Please be sure to review the applicable agreements and policies carefully when visiting Affiliated Sites or any third party websites.
Certain products, services, information and materials provided by Magicbox through this Website may be accessed and/or used by you without registering on or logging onto this Website (collectively, “Public Materials”). Other products, services, information and materials, provided by Magicbox through this Website, may only be accessed and/or used by you after you have registered on this Website (collectively, “Member Materials”). This User Agreement applies equally to the use of and access to Public Materials and Member Materials. Magicbox reserves the right to modify Public Materials and Member Materials from time to time and at any time.
To register and set up an account (“Account”) on this Website, you will be asked to make up a username and password during the registration and Account set up process. When choosing your username do not use your first name or surname or any other personal information that can identify who you are. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.
After you provide us with your username and password, we will ask you a valid email to activate the account,and if applicable, that will help us identify you in case you forget your password.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
You are responsible for maintaining the confidentiality of the password associated with your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify Magicbox of any unauthorized use of your Account or any other breach of security, and (ii) exit from your Account at the end of each session. Magicbox will not be liable for any loss or damage arising from your failure to comply with these security requirements. You may be issued a new password or required to change your password from time to time.
We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your Account. Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.
Access to the site and registration is free. MagicBox reserves the right in the future to establish payment systems for shopping or membership. If so please read the Terms and Conditions specific to the new paragraphs upon publication.
Magicbox reserves the right to suspend any Account that has been inactive for twelve (12) months or more. If your Account has been suspended for inactivity, you may request reactivation of the Account, as long as your membership has not expired. Account reactivation may take up to 24 hours to complete.
In addition, Magicbox may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event Magicbox (i) determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Magicbox or other third parties, or (ii) ceases its operations and/or provision of any applicable products or services in connection with this Website.
To the extent permitted by applicable law, the parties have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Magicbox with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Magicbox shall be the legal equivalent of written communications.
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, items activated by secret and feature codes, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively, the “Magicbox Materials”) are the property of Magicbox, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Magicbox Group”), and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Magicbox Materials on any other website or networked computer environment is prohibited.
Provided you comply with the terms of this User Agreement Magicbox grants you a limited right to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this right to access and use is limited to the display of the Magicbox Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Magicbox Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the rights granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Magicbox Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Magicbox Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Magicbox Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Magicbox or its licensors; or (viii) use any meta tags or any other 'hidden text' utilizing the trademarks, logos, trade names or content of Magicbox or its licensors.
If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Magicbox keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Magicbox has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. Magicbox may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, RAM: 512 MB or greater; and Adobe Flash 9; PIII 1.2 MHz or higher; Windows OS 2000/XP; minimum supported browsers: Windows: 1.2 MHz or higher, Mac OS X 10.3; Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer 1.5 or Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5. These requirements may change and such changes will be posted on this Website.
From time to time, additional technical requirements may apply and shall be disclosed at the point of purchase.
Some of the music tracks used in some content such as games or animated sections may belong to third parties: under the Creative Commons license, music: Kevin MacLeod (incompetech.com).
From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner will be awarded a virtual prize. We will provide the rules for such contests on this Website before the contests begin.
The Website is provided by Magicbox and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. When you use this Website you agree to follow our User Code of Conduct. Users of this Website must not:
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE Magicbox MATERIALS ARE PROVIDED ON AN 'AS IS' AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Magicbox GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
THE Magicbox GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE Magicbox MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH Magicbox’S CUSTOMER SERVICE DEPARTMENT OR A Magicbox REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, THE Magicbox GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE Magicbox GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE Magicbox MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY Magicbox MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE Magicbox MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE Magicbox GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE Magicbox GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE Magicbox MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE Magicbox GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, Magicbox IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE Magicbox GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE Magicbox MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, Magicbox DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY Magicbox’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF Magicbox.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE Magicbox GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF THE Magicbox GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH Magicbox IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
This Website is controlled, operated, hosted and served by Magicbox in Sant Cugat del Vallés, Spain. Magicbox’s offices are located in Sant Cugat del Vallés, Spain. If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the Province of Barcelona, and the laws of Spain, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Court of Spain, located in Barcelona, Barcelona, Spain, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be Spainsh. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
This Website is owned and operated by Magicbox, an Barcelona partnership, which is located at Edifici Trade Center II, Avda. Corts Catalanes, 8, p2, desp16, 08173 Sant Cugat del Vallés, Barcelona, Spain. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Magicbox by email at firstname.lastname@example.org. Should Magicbox be unable to resolve the issue, the following rules may apply to the dispute.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND Magicbox ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND Magicbox BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND Magicbox BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Effective Date February 1, 2013.