Mistplay Loyalty Program & Website Terms of Use
Welcome to Mistplay. These terms of use (“Agreement” or these “Terms”) govern your access and use of products and services offered by Mistplay Inc. (“Mistplay,” “we,” “us” or “our”), including websites, mobile applications, progressive web applications, content, features, digital events or products we create or operate (the “Services”). You may not use or access the Services or submit personal information to Mistplay if: 1) you do not agree with all of these terms, or 2) if you are a new user under 18 years.
The terms “personal data” and “personal information” generally mean any information that directly or indirectly identifies you. These Terms include the Global Mistplay User Privacy Notice (the “Policy) and the Community Guidelines by and between Mistplay and any individual user (the “User” or “you”) that uses or accesses the Services. Mistplay rewards you for playing games and more! To understand how you play, we need to collect data about your gameplay and related interactions with Mistplay (“Gameplay Data”), including, but not limited to, in-app purchase data. When you discover games or applications that third party developers (“Game Partners”) make available for recommendation to you within our Services, you are directing us to collect this Gameplay Data and directing Game Partners to share Gameplay Data with us so that we can operate our rewards program. You may be able to limit data collected and used by Mistplay through device settings or otherwise, but this may result in Mistplay’s inability to track your GamePlay Data. When this occurs, Mistplay is not able to calculate reward units and you will not be able to earn units to be redeemed for rewards.
These terms include an arbitration agreement and class action waiver that apply to all claims brought against Mistplay. If relevant to you under local laws, this agreement requires the parties to arbitrate disputes on an individual basis, and you waive your right to bring any action on a class basis. These limitations may limit your right to bring claims in court, before a jury, or as part of a class action. Arbitration will be held in New York, New York, USA, under the laws of New York State and the United States.
We want your use of our Services to be fair for all players and fraud-free. You only earn rewards for activities relating to your playing of games you discover in our Services and for other interactions with our Services. As part of our anti-fraud program, we monitor for and ban the use of automated bots, emulators, scripts, and any simulated, augmented, or synthetic use or gameplay. We may also require additional verification for you to redeem gift cards or claim prizes for sweepstakes and contests. If we reasonably believe that game play or Units earned are the result of any fraud or illegality, we can suspend or block the User’s access to Units and the account. You may object to such a suspension and we will consider in good faith any information from the User to show that the account has been used without fraud.
Our rewards program is defined by Mistplay. The way in which you earn Mistplay points (“Units”) that can be redeemed for Mistplay rewards (such as gift cards) will depend on various factors such as your preferences, the games you play, your activity in those games and any special offers related to particular games or to events offered by Mistplay. The amount of Units earned for certain activities and interactions in games and in-app varies per user, and is subject to change. You can find more information on how you earn Mistplay Units HERE
You may redeem an aggregate amount of $550 USD of gift cards or other rewards per calendar year.
Units can expire. Under laws that apply to you, your units may expire and we may delete your account if you do not earn any units within a 180 day period.
1.1. This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”), unless a User is terminated as described below.
1.2. To access some of the Services, you may have to sign up and create an account. You must have a valid email address or login details you make available through a third party to create an account. Eligibility for an account and to use our Services is subject to the following representations and warranties that you make: i) all information you submit to Mistplay is truthful and will remain accurate and complete, ii) you have the legal capacity to agree to these Terms, iii) you are at least 18 years old, and iv) the Services are available in your country or your use of them does not violate any applicable law or regulation.
2.1. Mistplay offers Units that can be redeemed for rewards when users discover, play and engage with games Mistplay recommends in its Services. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features or tools added to the Services will become subject to these Terms.
2.2. We do not guarantee that all Services will be available at all times, in all locations, due to technical, regulatory and other restrictions. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to verify your geographic location and restrict access to the Services from other locations.
2.3. You may not use Mistplay’s Services if you: i) are located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury or the Consolidated Canadian Autonomous Sanctions List), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this paragraph.
2.4. Mistplay is not liable for any delay or failure to perform under this Agreement resulting from causes beyond Mistplay’s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, communication or suppliers of goods or services. This limitation does not apply to Mistplay’s performance of its payment obligations under this Agreement.
3.1. We reserve the right to update and change this Agreement at any time. You can always review the last updated version of the Agreement at https://www.mistplay.com/legal/terms-of-use. If we materially change this Agreement, we will provide you with reasonable advance notice and the opportunity to review the changes, except: i) when we launch a new product or feature, or ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. While your continued use of our Services means that you agree with such changes, we may from time to time ask you to affirmatively accept updates to this Agreement. If you do not agree to new terms, please stop using the Services and delete the mobile app. This paragraph does not apply to Section 11 (Dispute Resolution by Binding Arbitration).
3.2. If your residence is in the European Union, the foregoing provisions under Paragraph 3.1 do not apply. In that case only the provisions in the below EU ADDENDUM under “CHANGES TO THE AGREEMENT” apply to you.
4.1. During the Term, Mistplay’s Services are licensed to you, not sold. Under these Terms, Mistplay grants you a limited and revocable license that is non-exclusive, non-transferable and non-sublicensable. You agree that Mistplay has all rights, title and interest in and to all the intellectual property rights in the Services.
4.2. Unless you have express authorization from Mistplay, you may not: i) copy, modify or distribute any part of the Services, ii) reverse engineer or attempt to reconstruct or discover any source code or other data, except your own personal account information, from the Services, iii) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services, or iv) remove any product identification, copyright or other notices from the Services.
4.3. In providing Services, Mistplay may recommend, provide you with access to, or enable third party software, applications, products, services, or website links or web tools (collectively, “Third Party Components”), including games developed by Game Partners. We do not control these Third Party Components and games or the features provided through them.
4.4. The privacy practices and terms of use that govern your use of and access to Third Party Components are solely between you and the applicable third-party provider (“Third Parties”) which includes Game Partners. It is your responsibility to read and comply with all terms and policies set by Third Parties.
4.5. Our link to and offer of such Third Party Components does not indicate any approval or endorsement by us of any linked website content or any material within Third Party Components. We disclaim all liability for such use of Third Party Components and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages. These limitations shall apply even if Mistplay has been advised of the possibility of such damages. You acknowledge that Mistplay is not a processor to any Third Parties, and Mistplay is a separate controller with respect to the Services and data processed in connection with the Services.
4.6. All modifications, extensions, scripts and other derivative works of the Services provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. If you provide us with any suggestions, creative ideas, or other feedback related to the Services offered now or in the future (collectively, “Feedback”), we will be entitled to use that Feedback without restriction. You agree that we are under no obligation of confidentiality or to credit you with respect to Feedback you provide, even if you state such restrictions in your submission.
5.1. Mistplay Users earn Units and digital items in exchange for certain activities such as playing games, reaching gameplay milestones, completing tasks (e.g surveys, tutorials or inviting a friend) and participating in virtual events. The amount of Units and digital items earned for actions with the Services and in games discovered through Mistplay varies and is not the same for all Mistplay Users. Different Users might receive different amounts of Units, even for identical actions or interactions. We may use artificial intelligence and machine learning tools to analyze behavior, tailor the Rewards Program for Users and set rates or multipliers at which Units accumulate based on factors such as account sign-up information and preferences, specific game selected for play or interactions with the Services. Users do not earn Units for time spent in game, but rather for real gameplay, achievements, and participation. A certain number of Units may be made available to you to collect when you access the Services for the first time and later through certain features inside the Services.
5.2. Operation of the Service (including our ability to generate revenues and fund your rewards) requires that Mistplay detects and records your game-related information. Mistplay collects certain Gameplay Data from your device and related software or applications when you play games opened through Mistplay, and in some cases, may also receive certain supplemental gameplay data from the third party Game Partner.
5.3. Users can redeem Units for different rewards Mistplay makes available in the catalog for each User. The rewards may include gift cards, gift certificates, prepaid cash cards, content codes or sweepstakes entries (collectively “Rewards”). The representative value of Units will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges) for each Reward. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
5.4. The specific requirements to earn Units may be viewed within the Services or where we present an opportunity for you to earn Units. Restrictions apply to earning Units, digital items and ultimately Rewards, including: i) your ability to participate the Rewards Program itself, ii) the allowable frequency of activities, iii) the number of Units you can earn for a given activity, iv) the activities or Rewards available, v) the number of Units required for particular Rewards or vi) the number of Units or Rewards you can earn during a given time frame, which is also subject to the limits Game Partners place on providing information about certain Gameplay Data (e.g. in-app purchases). In-game purchase history in eligible games counts for Users to earn Units or Rewards only where Mistplay receives Gameplay Data from Game Partners.
5.5. Units cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Units are promotional and have no cash, monetary or other value. While we may use terms like "buy", "purchase", "earn" or "currency" to reference Units, we do so only for convenience and such terms in no way indicate that Mistplay is offering real-world fiat currency. You may redeem an aggregate amount of up to $550 USD of gift cards or other rewards per calendar year. We may limit the amount of Units you can receive, and Units may be time-limited or can expire. If you do not earn any units within a 180 day period, your Units will expire and will not be available to redeem for Rewards. We provide up to thirty days notice of Units expiration in an account that is not terminated, if notice is required under laws that apply to you.
5.6. To redeem your Units for Rewards, you will have to visit the dashboard within the Services to see your available Units and select from the catalog, those Rewards available to you. Mistplay is not a party to any legal transactions or financial transactions carried out between the User and a Gaming Partner or any other Third Parties, even though Gameplay Data includes in-app purchase history for games.
5.7. We are not responsible for any improper fulfillment of an obligation by the Gaming Partner or any Third Parties which you should contact directly for customer support for problems with games or any Third Party Components (e.g. when Game Partner does not send information to Mistplay to assure usage is tracked for earning Units). You understand that we are not liable for the activity of the companies or Third Parties that offer gift cards or other items. Mistplay is not responsible for any lost, stolen or malfunctioning Rewards except to the extent caused by gross negligence or willful misconduct of Mistplay. For instance, you may be required to use the gift cards within a particular time period, and there may be limitations to their use or redemption. You should carefully read any terms and policies that may apply, as they are separate from this Agreement, and also separate from your relationship with Mistplay.
5.8. Units earned through the Services are not valid for any other program and may not be used in combination with any other program offered by Third Parties. Also, Units earned within the Android application cannot be combined with those a User earns through Mistplay’s progressive web application available to Users not accessing the Services through the Google Play Store. Units are non-transferable between accounts (except to Mistplay as provided in the “Donations” section below). An opportunity to redeem a number of Units for a donation to be made by Mistplay to a charitable and/or other not-for-profit cause or organization may be made available from time to time to User via the Platform (each a “Donation”). User agrees that if User chooses to redeem Units for such a Donation, all applicable terms presented on the Platform for such Donation shall apply in addition to these Terms and that User’s Units will be reduced as per the applicable terms of such Donation. Each and every Donation will be made by Mistplay Inc. Users who redeem Units for Donation through Mistplay are not eligible for a tax receipt. Mistplay is unable to refund Units once you have accepted to redeem Units for a Donation.
5.9. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program and to run tests or experiments to evaluate the effectiveness of different reward structures, incentives and other features available through our Services. This testing may include varying the type, frequency, and value of Units and Rewards offered. Mistplay may post additional rules that apply to your participation in the Rewards Program and how to earn points and rewards, when using our Services.
6.1. We may, in our sole discretion, run certain contests and promotional activities (together “Promotions”) for Users from time to time. Such contests may offer event participation, promotional Units or incentives for certain User actions, such as reaching certain milestones in playing games or completing tasks in connection with the Rewards Program.
6.2. Certain Promotions (e.g. contests or sweepstakes) are available only in jurisdictions where applicable laws permit them. Units earned through Promotions will be applied to your account after meeting specific requirements set out in the terms and conditions that apply to each Promotion (“Promotion Terms”) and will apply in addition to these Terms. The specific number of Units or other digital items available from a Promotion will be provided in applicable Promotion Terms.
6.3. Unless specified in the Promotion Terms: i) Promotions expire at 11:59 EST on dates specified by Mistplay, ii) Units from Contests cannot be earned on prior actions you take and may not be combined with other Contests, iii) if you qualify for multiple Promotions, Units will be calculated only from the Promotion where you earn the highest number of Units. Other requirements, conditions and exclusions may apply. When you participate in a Promotion, it is your responsibility to check the Promotion Terms.
7.1. Mistplay collects information about your device, connectivity and use of the Services to allow us to validate eligibility for an account, run Promotions, determine your level of Rewards and identify bugs and crashes that may affect your Use of the Services. With respect to the Services and data processed under this Agreement. Mistplay is a separate business/controller, within the meaning of applicable laws.
7.2. When you access a game in our Services, use features allowing the accumulation of Units, or participate in the Rewards Program, you direct us to collect, receive and process such Gameplay Data during your use of the game and for the Game Partner to transfer to us any Gameplay Data related data, until you close Mistplay or end your session. You acknowledge that the collection, transfer to Misplay, and processing of certain Gameplay Data may be a condition of your participation in our Rewards program and use of certain features of the Services. Certain features and programs may be unavailable to you, if you do not agree to the collection and processing of Gameplay Data, or enable functions that permit collection of Gameplay Data.
7.3. To prevent fraud at redemption, we may require Users to share exact geolocation with us and/or provide access to a video-selfie. You can continue to use all other features of the Services without performing the required human/identity verification. However, you may be unable to redeem Rewards in the catalog.
7.4. For full details about how Mistplay collects, stores and uses personal and other information, please see our Privacy Policy at https://www.mistplay.com/legal/privacy.
8.1. You are required to comply with the applicable laws at all times when using the Services. In particular, the following restrictions apply to your use of the Services. You are not allowed to:
Create multiple accounts, unless Mistplay makes an exception for certain parts of the Services.
Transfer or sell a User account to third parties.
Use your account on behalf of any third party or any individual, including someone not eligible for use of the Services as defined above.
Allow any other person to access your account.
Access your account for any purpose other than personal use and not for any business or commercial purpose.
Use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic or your location when using the Services.
Make use of any means to circumvent the proper functioning of the Services, including but not limited to the following: i) any electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions, ii) software, that allows a user to falsify data relating to their phone's input, or that allows the user to appear to be using their phone when in reality they have left it idle (e.g. autoclicker and autoscrolling programs), iii) an emulator of any kind to access the Services, regardless of the platform on which the emulator is being used, iv) software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased, v) any means to distribute harmful or malicious computer code (e.g. viruses) via or into the Services; vi) an account with a rooted device or any device for which the user has been granted root access or privileged control (rooted devices are not supported devices and may at any time be blocked from us).
Use disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Access the Services through: a means other than Google Play Store from an Android mobile phone or tablet, the progressive web application on other devices or through software Mistplay develops for applications provided through third parties.
Use any element of the Services in a Sanctioned Country.
Select a username, persona or bio that is used by, or impersonates, someone else or that Mistplay determines is vulgar or offensive or violates someone else's rights.
Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services.
Use the Services in any way that violates Community Guidelines or that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
8.2. Any account, device or User that appears to operate in violation of Section 8 (Rules of Conduct) is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that usage, in-game play or Units gained are the result of any fraud, illegality or violation of these Terms, including the RULES OF CONDUCT, we will investigate and take action, including but not limited to removing any Units, suspending access to an account or permanently blocking an account or device, with notice, if required by law. We will consider in good faith any information from the User to show that the account has been used without fraud. If you have questions about Mistplay’s assessment of your account’s compliance with Section 8 (Rules of Conduct) contact us at https://support.mistplay.com.
9.1. You may stop using the Services at any time, for any reason, by uninstalling the Mistplay mobile application or discontinue use of any web-based products or the Services.
9.2. Mistplay reserves the right to temporarily suspend or permanently terminate this Agreement and your account if: i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8).
9.3. In addition, we reserve the right to, without notice, terminate any account which has been inactive for a consecutive period of eighteen (18) months. An account is deemed inactive when: i) no Units have been earned or redeemed and ii) there has been no access or attempt to access the Services (together “Inactive Accounts”). If the Inactive Account contains any Units or Rewards, they will be considered void subject to notice, only if required by local law.
9.4. After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without Mistplay’s express permission. Any Gameplay Data, virtual items, accumulated Units or balances may no longer be available to you. Termination of this Agreement by Mistplay will not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Mistplay from pursuing any other remedies available to it, including injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is closed.
9.5. If your residence is the European Union, Paragraphs 9.1-9.4 do not apply. In that case, only the provisions in the EU ADDENDUM under "SUSPENSIONS AND TERMINATIONS" apply to you concerning suspensions and terminations.
10.1. The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are protected as a collective work and database under copyright and database laws.
10.2. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
10.3. Except if expressly permitted by applicable law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner (if different from Mistplay). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
11.1. Mistplay works to keep the Services bug-free and safe; however, User agrees to use the Services at User’s own risk. To the fullest extent permitted by applicable law, the Services are provided “as is” and Mistplay does not make any specific warranties about the Services. For example, we do not warrant that the Serves are uninterrupted, accurate, free of content errors, viruses or other technologically harmful material that may infect your devices, software, data or networks. You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
11.2. Except as required by law, Mistplay expressly disclaims all warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.3. Except as required by law, Mistplay will not be responsible or liable for any kind of damages arising out of or in connection with your use, or inability to use the Services, access Rewards or any Third Party Services. Damages under this limitation of liability include direct, indirect, incidental, consequential, or punitive damages, including but not limited to personal injury (including death or epileptic seizure triggered by an advertisement of our Services), pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or an anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence) breach of contract, or otherwise, even if foreseeable. User further agrees that Mistplay shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
11.4. You access the Services on your own initiative and are responsible for compliance with all local laws that apply to you. If you violate or breach any term within this Agreement or if you face a claim that your actions or content violated the rights of a third party, you agree to indemnify Mistplay, as permitted by law, for any losses, costs and damages, including reasonable attorney fees incurred by Mistplay due to such breach.
11.5. Section 11 (Warranty Disclaimer, Limitation of Liability, Indemnity) limitations of liability on Mistplay’s part apply also to Mistplay’s affiliates, officers, directors, employees and agents. The local laws that apply may include certain warranties as to conformity or exclusion or limitation of incidental or consequential damage or indemnification.
11.6. If your residence is in the European Union, the foregoing "WARRANTY DISCLAIMER, LIMITATION OF LIABILITY; INDEMNITY," Paragraphs 11.1-11.5 do not apply. In that case only the provisions in the EU ADDENDUM under "AVAILABILITY OF MISTPLAY SERVICES, LIMITATIONS OF LIABILITY" apply to you.
12.1. These Terms shall be governed by and construed in accordance with the laws applicable in New York, New York, USA, to the exception of conflict of laws provisions. For disputes not subject to Section 13 (Dispute Resolution by Binding Arbitration, any actions or claims brought under this Agreement shall be brought before the competent state or federal courts located in New York, New York, USA.
12.2. The relevant governing law varies if you: i) are not a U.S. citizen, ii) do not reside in the U.S, iii) are not accessing the Services from the U.S, and iv) are a citizen of one of the countries covered in an Addendum that applies to you. In such cases, you hereby agree that any dispute or claim arising from this Agreement shall be governed by your country’s laws, without regard to any conflict of laws provisions. If you are a resident of any European Union country or the United Kingdom the governing law and forum shall be the laws and courts of your place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. Unless required otherwise under applicable law, the English-language version of this Agreement controls when interpreting this Agreement.
These provisions under Section 13 apply to you if you are domiciled in and/or acquired and use the Services in the U.S.
13.1. BY ACCEPTING THE TERMS YOU AND MISTPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.2. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
13.3. The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
13.5. You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
13.6. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MISTPLAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
13.7. These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
14.1. If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected.
14.2. Mistplay’s failure to require or enforce your performance of any specific term of this Agreement or our non-exercise of any right we have under this Agreement shall not be considered a waiver of our right to rely on that provision of the Agreement in any other instance.
14.3. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
Mistplay may make changes to this Agreement from time to time. If Mistplay makes any changes to this Agreement that in Mistplay’s reasonable discretion are material, Mistplay will provide you with advance notice of such changes, such as by sending an email or providing a notice through our Services at least 30 days before the date they become effective. By continuing to access and use the Mistplay Services on or after the effective date of the revised Terms, you agree to be bound by the revised Agreement. Should you not agree to the revised Agreement, you must stop accessing and using Mistplay’s Services before the changes become effective.
2.1. Mistplay may terminate the Agreement with you at any time upon reasonable notice to you.
2.2. Mistplay and User’s right to terminate for cause remains unaffected. Cause for termination exists in particular if either party materially or repeatedly breaches these Terms, or violates laws or rights of third parties, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. Termination for cause is only possible within a reasonable time frame after the terminating party has become aware of the circumstances of the cause for termination.
If cause results from a breach of an obligation under this Agreement, termination is only permissible after a continued or repeated violation after a warning, in combination with the expiry of a reasonable period granted to remedy an ongoing violation. A warning and remedial period are not required if the other party seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.
2.3. After your Account is terminated, you will no longer be able to access and use the Services. Any Gameplay Data, virtual items, accumulated Units or balances will no longer be available to you. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is terminated.
2.4. Mistplay may also suspend your account for a period of up to ninety (90) days while Mistplay investigates if i) Mistplay is required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8 RULES OF CONDUCT of this Agreement).
2.5. You will be informed of the reason for the termination or temporary suspension of your account and given an opportunity to submit a complaint. You have the opportunity to clarify the facts and circumstances underlying such a measure electronically and free of charge through Misptlay`s internal complaint-handling system. You may task a body, organization or association that operates on a not-for-profit basis, is properly constituted in accordance with the law of a EU Member State and has a legitimate interest in ensuring compliance with EU Regulation (EU) 2022/2065 according to its statutory objectives, to submit complaints on your behalf. The possibility to lodge a complaint exists for a period of six months following the termination or suspension declaration. Mistplay cooperates with mediators and out-of-court dispute settlement bodies within the scope of its legal obligations in order to settle any disputes. Whenever mediation or out-of-court dispute settlement is available in a case, Mistplay will inform you about this possibility as well as about the respective competent bodies. When mediation or out-of-court dispute settlement proceedings are initiated, Mistplay and you will engage in good faith discussions with the selected body with a view to resolving the dispute. The decisions and proposals of the selected body shall not be binding for either party.
3.1. Mistplay shall only be liable to the following extent: i) Mistplay shall be liable, without limitations, in accordance with the statutory provisions, 2) for damage arising from injury to life, body or health; in the event of intent or gross negligence; and in accordance with the Product Liability Act.
3.2. Without limiting any of the foregoing, Mistplay will be liable for ordinary negligence only for breach of a material obligation arising under this EU ADDENDUM. "Material" obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardize the purpose of the contract and the performance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for ordinary negligence.3.2. Without limiting any of the foregoing, Mistplay will be liable for ordinary negligence only for breach of a material obligation arising under this EU ADDENDUM. "Material" obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardize the purpose of the contract and the performance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for ordinary negligence.
If a claim or dispute arises out of or in connection with your use of the Mistplay Services as a consumer, you and Mistplay agree that you may bring your respective claim or dispute that you have against Mistplay, and Mistplay may bring our claim or dispute that Mistplay has against you, in any court located in the country of your principal place of residence that has jurisdiction over the claim or dispute, and that the laws of that country will apply.