Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. This Agreement is effective when the User of a Publisher clicks on the “AGREE & CONTINUE” button during the Loyalty Play account creation process (the “Effective Date”) and by doing so, the User agrees to be bound by the terms of this Agreement.
These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”), by and between Mistplay inc., (“Mistplay” or “we”) and the Publisher’s user (the “User” or “you”) that uses or accesses the Services (defined hereinafter).
Mistplay reserves the right to update and change these Terms and the Services at any time and any new services, features or tools which are added to the current Services shall also be subject to the Terms of Use. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms at https://www.mistplay.com/loyalty-play/terms. Please also review from time to time our Privacy Policy at https://www.mistplay.com/loyalty-play/privacy.
The Services offered by Mistplay under the Terms consist of the Mistplay Loyalty Play Service (the “Service”) which rewards the User with the Publisher’s loyalty points when the User downloads, installs and plays any game that is advertised in the Loyalty Play Service and the user spends enough time playing in the advertised game.
The Mistplay Loyalty Play Service will use the Publisher’s user-id to create a unique User account for the Service. Only one (1) User account may be set up per User. Transferring or selling your User account to third parties for their own purposes is not permitted. By using the Service, you represent and warrant that (a) you will uphold and respect these Terms at all times; (b) your use of the Service does not violate any applicable law or regulation; (c) you will safeguard your account information and will supervise and be completely responsible for any use of your Loyalty Play User account by you and anyone other than you. Your Loyalty Play User account may be deleted without warning at Mistplay’s sole discretion if we believe that you violate any of these Terms.
The Service will require that you enable the "Display of Other Apps" option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a notification if you need to enable this option.
It is prohibited to transfer or sell your Loyalty Play User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Service. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Service. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated.
Mistplay reserves the right to indefinitely ban any User account found to be using an autoclicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle.
Mistplay reserves the right to indefinitely ban any User account found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used.
Mistplay reserves the right to ban any User account associated with 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.
Mistplay reserves the right to ban any User account associated with 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.
Mistplay reserves the right to indefinitely ban any User account found to be using 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.
Mistplay reserves the right to reject any User account associated with a rooted device, or from any User account banned for fraudulent activity.
Mistplay reserves the right to ban any User account that appears to be using the Service fraudulently. This includes but is not limited to users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users using software that makes them appear active when they are idle, users accessing the Loyalty Play Service from an emulator of any kind, or any User account attempting to fraudulently earn loyalty points through any means other than playing games.
It is prohibited to access the Service on any device other than an Android mobile phone or tablet and doing so can result in banning the User account.
This Agreement will remain in full force and effect while you use the Service and/or have a Loyalty Play User account (the “Term”). You may choose to terminate this Agreement and request to delete your Loyalty Play User account at any time by sending a written request to privacy@mistplay.com. For more information regarding your specific rights please refer to the Privacy Policy at https://www.mistplay.com/loyalty-play/privacy.
Mistplay may terminate or suspend your Loyalty Play User account at any time without notice if Mistplay reasonably believes that you have breached this Agreement. After your Loyalty Play User account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language”.
User agrees that following termination of their Loyalty Play User account and/or use of the Service, Mistplay may immediately deactivate the User’s Loyalty Play account and delete all Loyalty Play User data and accumulated rewards. User further agrees that Mistplay shall not be liable to the User nor to any third party for any termination of User access to the Service or deletion of the Loyalty Play User data. The foregoing shall not apply if such termination or deletion is attributable to Mistplay’s gross negligence or willful misconduct.
Mistplay will reward Users of the Loyalty Play Service with the Publisher’s loyalty points when the User downloads, installs and plays any game that is advertised in the Loyalty Play Service and the user spends enough time playing in the advertised game. Mistplay does not reward for time spent using the Loyalty Play Service but rather for real gametime (time spent playing the game). Leaving the Loyalty Play Service window open does not constitute gameplay. Redeeming Publisher loyalty points are subject to the Publisher’s Terms & Conditions and Mistplay is not responsible for any Reward which a user is unable to redeem due to their age, situation, or country of residence.
Mistplay reserves the right to delete without notice any Loyalty Play User account which has been inactive for a consecutive period of three hundred sixty-five (365) days. A User account is deemed inactive when there has been no access or attempt to access the Service.
During the Term, Mistplay grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service on the terms set forth in this Agreement. User agrees that all rights, title and interest in and to all the intellectual property rights in the Service, and all modifications, extensions, scripts and other derivative works of the Loyalty Play Service provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. All rights not granted to User in this Agreement are reserved by Mistplay.
User shall not (i) create a User Account or access the Service if they are under the age of 13; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Service, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Service; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Service; (v) remove any product identification, copyright or other notices from the Service; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Service in whole or in part, to any third party; (vii) use the Service for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Service to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Service; (ix) use the output or other information generated by the Service for any purpose other than as contemplated by this Agreement; (x) use the Service for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Service, 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 Service; or (xii) use the Service in any way 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. Mistplay retains all title to, and, except as expressly licensed herein, all rights to the Loyalty Play Service, all copies, derivatives, and improvements thereof and all related documentation and materials.
The Loyalty Play Service contains 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 Service are copyrighted as a collective work under copyright laws. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User 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. Except as otherwise expressly permitted under copyright 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. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
Mistplay and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. Mistplay may collect some Confidential Information from the User which includes, without limitation, the Publisher user-id, device name, Google Advertising id, Internet Address (IP), and usage statistics such as time spent playing a game. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
Data protection is important at Mistplay. Mistplay collects and treats User information in accordance with its Privacy Policy available at https://www.mistplay.com/loyalty-play/privacy.
Mistplay provides Users of the Loyalty Play Service with access to third-party services in the form of advertised mobile games (the “Third-Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third-Party Provider”). Any use by you of Third-Party Services offered through the Loyalty Play Service is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall Mistplay be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if Mistplay has been advised of the possibility of such damages.
Mistplay works to keep the Loyalty Play Service bug-free and safe but the user agrees to use the Service at user’s own risk. Mistplay is providing the Service “as is” and “as available” without any representations and 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. In addition, neither mistplay, its affiliates nor any of their respective employees, agents, mandataries, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Service or any services or goods requested through the use of the Service, or that the Service will be uninterrupted or error-free.
In no event shall Mistplay or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the Service except in the case of intentional or gross fault.
To the extent your data is used for research purposes, the limitation of liability clause above and the indemnity clause below are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.
User agrees to defend, indemnify, and hold harmless Mistplay, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Service by User.
These Terms of Service shall be construed in accordance with the laws applicable in the province of Quebec, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Loyalty Play Service or Corporation’s website shall be settled exclusively by arbitration in Montreal (Canada), in accordance with the Code of civil procedure of the province of Quebec (CQLR c C-25.01). The parties to this Agreement confirm that it is their wish that: (1) this Agreement and all other related documents be prepared in English; (2) any litigation or dispute resolution proceeding be held in English; and (3) any litigation or dispute resolution document or court filing be drafted in English only.
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. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. 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.
User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Loyalty Play Service; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Mistplay’s policies and all laws, rules and regulations relating to the use of the Loyalty Play Service. Any violation of this section may result in loss of features, up to and including termination of User’s Loyalty Play User account. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this section.