Terms of Service

We are a publisher of extreme sports video games called Cascade Interactive Limited, a company incorporated under English law (company number: 15604918) whose registered office is at 27 New Dover Road, Canterbury, United Kingdom, CT1 3DN (hereafter “Cascade”).

Please kindly read these terms of service (the “Terms”) carefully because they apply to your use of our Mavrix game (the “Game”). The Game is currently offered for purchase via various online platforms, as further detailed on our website at https://www.cascade.gg/ (the “Platform Providers”).

In these Terms, “you” or “your” means the individual user interacting with the Game or, if such user is below the age of majority in their country of residence  (a “Minor”), the user’s parent or legal guardian entering into these Terms on their behalf.

If you would like to discuss these Terms, please contact us using the following details: feedback@cascade.gg  or write to us at the address stated above.

CHANGES TO THESE TERMS: Cascade may change these Terms and whilst we will endeavour to tell you about what we feel are key changes to them, please check the Terms regularly to keep up-to-date. If you do not agree to any changes to these Terms, you must immediately stop using the Game. By continuing to access or use the Game, you confirm your acceptance of the updated Terms.

1)    AGE RESTRICTIONS: You must be at least 13 years old to use the Game or (if higher) such minimum age as required by your relevant Platform Provider to create an account with them. If we discover that you have gained access to the Game and are younger than 13 we may terminate your access and use of the Game immediately and reserve the right to inform your Platform Provider accordingly.

 2)    ACCEPTANCE OF THESE TERMS

2A.    These Terms together with our privacy policy available at https://www.cascade.gg/privacy-policy set out how you may play the Game. The privacy policy is an essential component of these Terms and by accepting these Terms you also accept the terms of our privacy policy.

2B.   By downloading the Game you agree that you have read and agreed to these Terms (including our privacy policy) and that these Terms (including our privacy policy) form a legally binding contract between you and us.

2C.   If the user is a Minor, their parent or legal guardian must read, explain to them and accept these Terms and our privacy policy on their behalf. If you accept these Terms on behalf of a Minor, you should supervise the Minor’s use of the Game, including any purchase or use of Virtual Items. You agree that you will be responsible for all purchases and uses by that Minor whether or not these were explicitly authorised by you.

2D.   The Platform Provider you use to download and use the Game will have terms and conditions in place (the “Platform Terms”) to which your download and use will be subject. If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.

3)    PLAYING THE GAME

3A.    Accessing the Game: The Game can be purchased and downloaded via various Platform Providers. In order to purchase, download and access the Game you must first create an account with your chosen Platform Provider. Please refer to the applicable Platform Provider’s website for information on how to create an account with them. Once you link your Platform Provider account to the Game, the two cannot be unlinked. If your Platform Provider account is terminated or you delete it, you will lose access to all of the Game’s saved data associated with your Platform Provider account.

3B.   Purchase: You will be required to pay a fee to purchase the Game and (to the extent applicable) some Virtual Items through the applicable Platform Provider and/or such other storefront operated by third-parties (each a “Digital Storefront”). You will in these instances be contracting with the Digital Storefront and your purchase through the Digital Storefront is subject to any applicable terms and conditions imposed by such Digital Storefront. You are responsible for all charges in relation to your purchases from Digital Storefronts and must provide accurate and complete payment information to the Digital Storefronts. Cascade may suspend or cancel your access to the Game or supply of Virtual Items if a Digital Storefront informs us that they did not receive full payment from you after reasonable prior notification or (to the extent authorised by the Digital Storefront’s terms) your purchase has been cancelled. For the avoidance of doubt, Cascade has no liability to you in the event that your access to the Game or Virtual Items is terminated by a Digital Storefront as a result of your breach of their terms.

3C.   Security: You are responsible for keeping any Platform Provider and/or Digital Storefront account details secure and for the security of any device you use to access the Game. If you become aware of any unauthorised access to the Game or any suspected breach of security you should notify us immediately.  Cascade may take steps to verify the accuracy of information that you provide, including your age.

3D.   Compatibility: The Game may not be compatible with all devices or operating systems. Technology evolves, including during the expected lifespan of the Game, and continued compatibility with previously compatible devices or operating systems is not guaranteed.

3E.    Updates: Cascade may provide patches or updates to the Game or Virtual Items that may be required for you to continue using these, including automatic or background updates without notice to you. Such updates are subject to these Terms, unless other terms are presented with the updates, in which case those other terms shall take precedence. Cascade is not obligated to make any updates available.

F.    Personal data obtained to access the Game:  When creating an account with your Platform Provider and/or Digital Storefront you may be required to provide certain personal data such as your age, country / region and/or email address, some of which may be passed on to us in accordance with the Platform Provider’s and/or Digital Storefront’s privacy policy. To the extent we obtain any of your personal data, we will process and store it in accordance with our privacy policy.

3G.   Gameplay: The Game’s gameplay mechanics will be explained to you within the Game itself.

3H.   Intellectual Property: Cascade owns (or has a licence to use) all intellectual property in the Game (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Game’s title and other trade marks, whether registered or unregistered, used elsewhere in the Game). By using the Game under licence you do not acquire any intellectual property in the Game. Provided you continue to comply with these Terms, Cascade hereby grants to you a non-exclusive, non-transferable, revocable licence to access and play the Game for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence will automatically and immediately terminate.

3I.      Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in the Game by you is strictly forbidden without our prior express written permission.

3J.     AI Use Forbidden: Nothing in the licence granted to you under these Terms authorises the use of the Game and any intellectual property therein or attaching to it to develop, train, enhance or provide source material for or promote any generative AI tools. Any such uses are strictly forbidden.

3K.    Other Game Restrictions: Certain restrictions apply in relation to your right to access and play the Game. These include the following:

 i.         you may not use the Game if you are under 13 years old;

 ii.          you may not use the Game in any improper or unlawful manner or in breach of any legislation or licence that applies to you;

 iii.          you agree to comply with all reasonable instructions that we may give you regarding your use of the Game;

 iv.         any information that you provide is true and accurate and you will update such information when necessary;

 v.          you are responsible for all costs associated with any device required to access and play the Game, including the cost of any Internet access and any software required to access the Game. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access the Game without your permission and that you are legally entitled to own the device that you are using to access and participate in the Game. Cascade relies on you having given permission to any other person who accesses the Game using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;

 vi.         you will not:

1.    copy, licence, sell, trade, alter, create derivative works or otherwise deal with the Game;

2.    use the Game for any illegal activities;

3.    use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy the Game and its content;

4.    use the Game to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in our opinion, offensive;

5.    use the Game to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;

6.    use the Game to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including Cascade’s intellectual property.

L.    Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to software and the operation of the Game. If you become aware that the operation of the Game contain any error, or is incomplete, you shall promptly notify us by e-mail to feedback@cascade.gg. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.

4)    VIRTUAL ITEMS

4A.    The Game may offer the functionality to purchase or otherwise acquire and use digital content, such as bikes and clothing (the “Virtual Items”), within the Game.

4B.   By purchasing or otherwise acquiring Virtual Items, you obtain a limited licence (as per paragraph 3) to utilise such Virtual Items within the Game. Other than this limited licence, you have no right or title in or to Virtual Items. Virtual Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Game) and cannot be exchanged for or converted to cash or for any goods or services outside of the Game.

4C.   Except as otherwise permitted by Cascade, Virtual Items are not returnable and not refundable.

4D.   Cascade has the right to modify, delete, move, remove or suspend any Virtual Items at any time with or without notice to you, with no liability to you. The price and availability of Virtual Items to purchase or otherwise acquire are subject to change.  

5)    THIRD PARTY SERVICES

5A.    Through the Game, you may have the option to access or enable content, products or functionality operated by third parties that are not part of Cascade or otherwise under our control (“Third Party Services”). This does not imply endorsement by Cascade of the Third Party Services, their operator or their content.

5B.   If you choose to access, transact with, enable, or otherwise interact with any Third Party Services, you are solely responsible for your dealings with such third parties and access these at your own risk.

5C.   You acknowledge that Cascade does not control Third Party Services, does not review or monitor Third Party Services and does not guarantee the accuracy, integrity or quality of these. Such Third Party Services may be governed by their own terms and privacy and cookies policies which we recommend you read carefully.

6)    REPRESENTATIONS AND WARRANTIES IN RELATION TO THE GAME

6A.    CASCADE WILL EXERCISE ALL REASONABLE SKILL AND CARE IN MAKING THE GAME AVAILABLE TO YOU. HOWEVER, CASCADE IS NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE GAME OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN THE GAME (or provided as part of THE GAME) THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).

6B.   EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE GAME AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND. ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.

6C.   WITHOUT LIMITING THE FOREGOING, CASCADE DOES NOT GUARANTEE AND DOES NOT PROMISE THAT THE GAME AND ITS ASSOCIATED MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.

7)    LIMITATIONS OF LIABILITY

7A.    Nothing in these TERMS OF SERVICE SHALL operate to EXCLUDE OR RESTRICT OUR LIABILITY THAT WE CANNOT EXCLUDE OR LIMIT UNDER APPLICABLE LAW.

7B.   THE EXPRESS TERMS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS WHICH, BUT FOR THESE TERMS, WOULD BE IMPLIED OR INCORPORATED BY ANY COLLATERAL AGREEMENT, STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

7C.   Subject to PARAGRAPH 7(a), we shall not be liable to you for, for example:

 i.          any losses arising out of your use of THE GAME, ANY WEBSITES OR THIRD PARTY SERVICES LINKED TO IT AND ANY USE OF THE GAME OR CONTENT WITHIN IT ARISING AS A RESULT OF:

1.    ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE GAME or ANY INFORMATION PROVIDED IN RELATION TO THE GAME;

2.    THE UNAVAILABILITY OF THE GAME (OR ANY PART OF IT);

3.    LOSS OF CONTENT OR DATA;

4.    any loss or damage that may arise from Your use of links to THIRD PARTY SERVICES AND/OR websites and resources provided by third parties, any such THIRD PARTY SERVICES AND/OR links are provided for YOUR information only and used at YOUR own risk;

5.    ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM YOUR ACTIVITIES WHEN USING THE GAME WHICH INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW; AND

6.    ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN;

 ii.          LOSS OR DAMAGE CAUSED BY any TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT any device you use to use THE GAME; OR

 iii.          ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND CAUSED.

7D.   IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.

7E.    NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM aggregate LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE GAME SHALL BE THE AMOUNT YOU HAVE PAID TO PURCHASE THE GAME.

8)    TERMINATION

8A.    We may remove the Game from any platform on which we make the Game available or cease providing or change any Game’s features at any time in our absolute discretion for any reason whatsoever. We may also remove the Game from any platform for reasons outside our control, including for reasons decided upon by the Platform Provider.

8B.   We may in our absolute discretion:

 i.     with immediate effect and for any reason, at any time, terminate or suspend your use of the Game including if we suspect fraudulent activity or if we cease to offer the Game for commercial or regulatory reasons;

 ii.     verify your information by requesting certain documents and refuse your requests to participate in any activity offered via the Game if we believe there is reason to do so;

 iii.     take any steps (for example, technical or legal steps) to terminate or suspend your use of the Game if we believe you have failed to comply with any of the provisions of these Terms; and

  iv.     if we decide to terminate, suspend or refuse to accept your account, we may share  some of your details and notify third parties (including any Platform Provider).

8C.   You may uninstall the Game from your device at any time.

9)    GENERAL

9A.    Waiver: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right.

9B.   Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you and Cascade except the Platform Provider who shall have the right to take action against you for any breach of these Terms.

9C.   Severability: If any part of these Terms are deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

9D.   Rights and obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.

9E.    Entire agreement: These Terms and the privacy policy set the full extent of our obligations and liabilities concerning the Game and replace any previous agreements and understandings between us.

9F.    Governing law and jurisdiction: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. If you have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence including any online dispute resolution service.