Welcome to Monster Games, Inc.


Your Privacy is critically important to us. 


These terms and conditions outline the rules and regulations for the use of Monster Games, Inc. (“MGI”) websites, products, and services.


Monster Games, Inc. is located at:


2015 Jefferson Rd

Northfield, MN 55057

United States

(507) 663-0216


By accessing this website and/or using any MGI Products and Services, we assume you accept these terms and conditions in full. Do not use any MGI Products or Services if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “MGI Products and Services” means the websites of Monster Games, Inc., such as http://TonyStewartGame.com, and any service or product created by Monster Games, Inc., whether licensed, accessed, or downloaded through third party sites or sources. “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.


 


Cookies


We employ the use of cookies. By using this MGI website you consent to the use of cookies in accordance with the MGI privacy policy. Most of the modern day interactive websites use cookies to enable them to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of these areas and ease of use for people visiting. Some of our affiliate / advertising partners may also use cookies.


 


License


Unless otherwise stated, MGI and/or its licensors own the intellectual property rights for all assets. All intellectual property rights are reserved and subject to restrictions set in these terms and conditions. The website, products, and services of MGI are licensed to you, not sold. MGI grants you a personal, limited, non-transferable, revocable, and non-exclusive license to use these products and services for non-commercial use, subject to your compliance with this Agreement. You must not access, copy, modify or otherwise distribute these products and services, unless expressly authorized by MGI or permitted by law. 


 


Availability of Services and Updates


MGI does not guarantee that any service or product will be available at all times. MGI may update, change, or modify these products and services without notice to you. MGI may need to update or reset certain parameters within its products and services that would affect characters, game settings, or your progress within a specific mode. 


 


Conduct


When accessing or using an MGI Product or Service, you agree that you will not:


  • Violate any law, rule or regulation.
  • Do anything to another player, community member, or staff member that is unwanted or offensive, such as harass, bully, embarrass, threaten, or make any personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
  • Interfere with or disrupt any MGI Service or another user’s ability to properly use these services, such as denial of service attacks, spamming, uploading viruses, corrupted files, spyware, etc. This also includes disrupting the use of services with excessive chat or dialogue, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
  • Contribute, share, or promote User Generated Content that is profane, harassing, hateful, inappropriate, illegal, sexually explicit, invades another’s privacy, or is otherwise reasonably objectionable.
  • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that MGI or its licensors (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Use information about users publicly available in any MGI Service (leaderboards, etc.) for any purpose unrelated to the Service, including attempts to identify such users in the real world. 
  • Post any messages for any purpose other than personal communication. Prohibited messages would include solicitation and commercial activities such as chain letters, pyramid schemes, advertising and spam. 
  • Impersonate any other person or falsely imply a relationship with any third party entities.
  • Make false reports to MGI customer support or staff.
  • Use any robot or other automated device to access MGI services.
  • Modify or otherwise tamper with code, files, or any other part of an MGI Service not designed to be modified.
  • Attempt to obtain or phish for a password or personal information from anyone else on an MGI Service.
  • Use an MGI Service or Product in a country in which MGI is prohibited from offering such products and services under applicable export control laws. 
  • Use any cheats, exploits, or undocumented features, including design errors or problems in an MGI Product or Service.
  • Act in any other way or perform any action that MGI deems unsuitable, at our discretion.


If you or someone using your gaming persona violates the above, MGI may give a warning or take immediate action against you, including revoking access to any or all MGI Products and Services. 


If you encounter another user who violates any of the above, please report them to customer service at support@mgiracing.com.


Your use of MGI Services and Products are subject to our Privacy Policy at TonyStewartsSCR.com/Privacy-policy.




Content and Entitlements


MGI Products and Services include an option to license additional content in the form of virtual items, content packs, or additional assets and features that can be used while engaging with MGI Products and Services. These items are collectively referred to as “Entitlements.” You may be required to pay an additional fee for these Entitlements. You are granted a limited, non-transferable, revocable license to use these Entitlements in MGI Products and Services. These Entitlements may not be traded, bartered, or sold for cash to another individual or entity at any time, and have no monetary value outside of MGI Products and Services. Entitlements will not be refunded or exchanged for cash and MGI reserves the right to change, modify, or revoke these virtual items at any time at our sole discretion. 


 


Software and Updates


MGI Products and Services require you to download software, software updates, patches, and other utilities onto your computer, entertainment system, or device. You acknowledge that the performance of these products will vary depending on your device, and understand that updates may be required to continue use of MGI Products and Services. Some of these updates may contain locked features or content that requires you to pay an additional fee to access them. You consent for MGI to automatically install any available updates for MGI Products and Services. Failure to install updates may render MGI Products and Services unuseable. 


Neither MGI nor any of its licensors are liable for any damages in connection with the use of MGI Products and Services. Risk of use, including, without limitation, any damage to your hardware, devices, or other software resides with you.  


 


Termination


This Agreement is effective until terminated by you or MGI, and can be canceled at any time. MGI may terminate your access and use of any MGI Products and Services if we determine that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use associated with your account. If your access to MGI Products and Services is terminated, you will not have access to your Content or Entitlements and may be barred from accessing or using any additional MGI Products and Services. Upon termination, your license under this Agreement also shall terminate.


 


Intellectual Property


The names, logos and other graphics associated with the MGI Products and Services are trademarks of MGI or its licensors. You may not use, copy, distribute, modify, transmit or create any derivative works of MGI Products and Services without written consent. All other trademarks not owned by MGI but included in MGI Products and Services are the property of their respective owners, who may or may not be affiliated with MGI. 


 


Warranties, Limitation of Liability


MGI Products and Services are licensed and provided “as is.” You use them at your own risk. To the full extent permitted under applicable law, MGI provides no warranties, express, implied or otherwise, including any warranties of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties arising from a course of dealing, usage, or practice. MGI does not warrant that your experience will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking, or viruses. By using MGI Products and Services, you expressly agree that you do so at your own risk, and exclusive remedy for any dispute with MGI is to stop using MGI Products and Services. 




Governing Law


This agreement between you and Monster Games Inc, the laws of the state of Minnesota, excluding any conflict of law rules, govern this agreement and your use of MGI Products and Services. You and MGI irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in Minnesota, for all disputes arising out of or relating to these Terms of Use, or your access to MGI Products and Services, that are heard in court (not arbitration). 


 


Dispute Resolutions by Binding Arbitration


By accepting the terms of this agreement, you and MGI expressly waive the right to a trial by jury and the right to participate in a class action. You and MGI shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration.


All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Minnesota or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the software industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.