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Terms of Service
TOS1. Acceptance of Terms
Welcome to WaterMelon's Magical Game Factory. By entering and using this website, you hereby agree to the following terms of service. Please take your time to read them before using the site. These terms of service are governed by and construed in accordance with the laws of the State of Iowa, excluding conflict of interest laws.

TOS2. Information and website content
The information and content is, if not notified elsewhere, owned by Watermelon Co. (from here on referred as WaterMelon). WaterMelon may discretely modify, remove or add any information or content at any given time without notice. Any information may be incorrect, incomplete or out of date.

TOS3. Registering to the Magical Game Factory
When registering to Magical Game Factory, you agree that you are 18 years or older and that your information is accurate, complete and current. You agree to update your information to make it current when needed. WaterMelon will not use your personal information for anything outside their business and will not sell nor grant it to a third party.

TOS4. Use of the site
When using the site, you agree to follow your local, state, national and international law which it concerns. You agree that you will not use the site for illegal purposes, including but not limited to: violating the rights of a third party, including intellectual properties. You agree that you will not post offensive texts or materials on the boards, including but not limited to: harassing, unlawful and/or pornographic content or post links to sites with such content. The site may not be used to advertise third parties or their products. You take full responsibility of your own actions and writing on the site. WaterMelon reserves the right to define what material may be suitable for the site and what is not. Watermelon has the right to edit, move and delete any material posted by users. WaterMelon takes no responsibility to what users post on the site.

TOS5. Usage terms
WaterMelon reserves the right to ban users and IP addresses from the site if the user has violated any term, hacked or abused the site. WaterMelon reserves the right to reevaluate to refund anyone who has violated to these terms if he/she has paid WaterMelon for a product or service on the site prior to the violation.

TOS6.1. Factory and GEMS glossary: The following terms will be used throughout the terms of services in regards to GEMS. Investors: Defined as the users, registered on Magical Game Factory, who buy GEMS, join a project and invest the GEMS into a project of the Factory. Polls: Defined as the processes in which investors can vote in elections of items/projects. Conversion: Defined as the action to convert the invested GEMS into actual products (pre-orders or regular). Invest: Defined as the action to transfer the user account's GEMS into a project. Credit Back: Defined as the action to transfer the invested GEMS back into the user account. Refund: Defined as the action to refund the user account GEMS. Discount: A discount offered by using GEMS on shopping cart.

TOS6.1.a. Project join requirements: When the user joins a project, the user must agree to the complete Term of Service. Fifty GEMS from the user’s account will be automatically invested in the project at the time of joining the project.

TOS6.1.b. Project usage terms: WaterMelon reserves the right to prohibit an investor from further participation in the Factory if his/her action does not comply with the Terms of Service. The refund of the invested GEMS will be up to WaterMelon’s discretion.

TOS6.2. Polls results: Results in polls and scalers are only indicative of what WaterMelon may or may not choose for their final product. WaterMelon reserves the right to choose other options if necessary without any notice. WaterMelon reserves the right to cancel or postpone the projects.

TOS6.3. Conversion: Upon the completion of the projects, the investors will have to convert his/her GEMS into products related to the corresponding project (i.e. the project in which the investors voted) within one year timeframe. Beyond this period, WaterMelon reserves the right to decide the action to be taken for the GEMS.

TOS6.3.a. Product availability: The products available for conversion as well as their values in U.S Dollars and GEMS prices are strictly under the decision of WaterMelon.

TOS6.3.b. Remaining GEMS: If the invested GEMS amount is not sufficient to convert into any product, then the investor can choose to be credited back the GEMS into his/her user account.

TOS6.3.c. Notification: WaterMelon will notify investors of the project status by email at least every six months.

TOS6.4. Completion date: The completion date is when the project starts its manufacturing phase. It applies to the primary platform announced for the project.

TOS6.4.a. No date announced case: If no specific completion date is announced, the projected completion date is 24 months after the project initial announcement.

TOS6.4.b. Delays: WaterMelon reserves the right to go up to 6 months beyond the originally announced or default completion date.

TOS6.4.c. More delays: If the completion date is missed by more than six months or the project is cancelled, WaterMelon will credit back the investors’ GEMS upon the investors’ request.

TOS6.5. GEMS: GEMS used to invest into projects or get discount on WaterMelon products are virtual items. Their value is strictly up to WaterMelon’s discretion and can change without any notice. Purchased GEMS cannot be refunded but WaterMelon will decide the compensation on case-by-case basis.

TOS6.5.a. GEMS cancellation or reversal: Polls, scalers, conversion operations cannot be reversed or cancelled.

TOS6.5.b. GEMS invested: GEMS invested in a project are locked in the project until the project's completion or cancellation.

TOS6.5.c. GEMS refund: Purchased GEMS are not refundable.

TOS7. Indemnification
Your use of the Magical Game Factory site constitutes your agreement to defend, indemnify, and hold harmless WaterMelon, and the employees of WaterMelon from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Magical Game Factory website or the use or misuse of magicalgamefactory.com by a third party using your password.

TOS8. Website downtime
If the website is down due to a scheduled maintenance, WaterMelon will notify registered users by e-mail as soon as possible, and if possible, give a date and time when the site will be up again.

TOS9. Sega notices
WaterMelon and its trademarks and copyrights are in no way affiliated with the Sega Corporation or any of its operating companies. "Sega", "Mega Drive", "Genesis", "Mega-CD" and "Sega CD" are trademarks/copyrights owned by Sega.

TOS10. Nintendo notices
WaterMelon and its trademarks and copyrights are in no way affiliated with the Nintendo Corporation or any of its operating companies. "Nintendo", "Super Famicom", "Famicom", "Super Nintendo", "Super NES", "NES" are trademarks/copyrights owned by Nintendo.

TOS11. Copyright/Trademark
© 2012 WaterMelon. All rights reserved. WaterMelon and the WaterMelon logo are either registered trademarks or trademarks of WaterMelon Corporation. "Pier Solar and the Great Architects", "Pier Solar", "Size" and "Magical Game Factory" and their logos and characters are also trademarks or registered trademarks of WaterMelon Corporation. All other brands and product names are trademarks or registered trademarks of their respective holders. The use of any WaterMelon trademark or service mark without the written consent by Watermelon is strictly prohibited.
User-avatars from "VOODOO" to "SHOGUN" are © www.thUg-inc.com.

TOS12. Ordering notes
Once you order or pre-order from WaterMelon, you need to pay for the item within 3 days, otherwise the order or pre-order will be cancelled. The item will be shipped the next Saturday after the day the payment was made. For items that are pre-ordered, only the item itself needs to be paid for within 3 days, the shipping is due to be paid when the item is available for shipping (since shipment prices may be different when you pre-order compared to when the item is produced). For pre-ordered items, you will be notified by email when it is possible to pay for the shipping.

TOS13. Returning items, warranty. and damaged/lost items
WaterMelon strives to deliver nothing but the greatest in quality when it comes to retro gaming, whether it is the packaging, the software or the extras ("the juice"). So if you are not satisfied with your purchase, please write to us and tell us why. You may then send your item back within 30 days and get refunded for it. WaterMelon leaves one year warranty for all items sold. If you receive an item which for some reason does not work as intended (for example: cartridge save doesn't work, disc can't be read etc.), contact us and once we have received your non-working item we will either refund all your costs or we will then send a replacement to you, according to your choice. If your parcel arrives damaged or does not arrive within 60 days, getting a refund or replacement copy is only possible if you have chosen an insured shipping method. If so, please contact us and we will help resolve the issue.

TOS14. Contests
In the case where a contest requires the participant to provide creative work or material (known as "submission"). The participant must ensure that the provided submission is not owned or copyrighted by any other company or individual. WaterMelon assumes the provided submission is a donation to WaterMelon. WaterMelon may or may not give credit for that submission if used outside the contest context. WaterMelon will hold the contest participant responsible if the use of his submission result in any legal problems.

TOS15. Termination
These terms of service will last until WaterMelon updates them or by writing informs it no longer applies. WaterMelon may take the site down, terminate, change or discontinue any account, including yours, parts of the site and its functions without giving any reason or without notice, anytime.

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