Mistplay Terms of Use for Mobile Games

Last updated: January 28, 2021

ACCEPTANCE OF TERMS & CHANGES TO TERMS OR SERVICES

Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. This Agreement is effective when the User installs and uses one of our published mobile games (“Games” or “Services”) 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 you, the 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/mobile-games/terms-of-use. Please also review from time to time our Privacy Policy at https://www.mistplay.com/mobile-games/privacy-policy.

SERVICES 

The Services offered by Mistplay under these Terms and the associated Privacy Policy apply to the Mistplay published mobile games (“Game” or “Games”) which may include third-party advertisements within our Games.


The Privacy Policy provides details about information that is collected from Users when they access and use the Services related to a published Game.

TERM

This Agreement will remain in full force and effect while you use our Services.

Mistplay Inc. reserves the right to terminate our agreement between us at any time without notice if Mistplay reasonably believes that you have breached this Agreement.

LICENSE

  1. LIMITED LICENSE. For the duration of the Term, Mistplay grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services 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 Services, and all modifications, extensions, scripts and other derivative works of the Games 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.  This license permits access and use of the Services for your own personal, non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

  2. RESTRICTIONS; USER CODE OF CONDUCT. You may use the Services only if you are (i) not legally barred from using such Services under applicable law in your jurisdiction, (ii) you are over the age of 13 and (iii) if you agreed to these Terms and the associated Privacy Policy that apply to the Services.

    Additionally, you may not use the Services to (i) 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 Services, by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or into the Services; (iii) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (iv) remove any product identification, copyright or other notices from the Services; (v) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vi) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (vii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (viii) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (ix) use the Services for any use other than User’s internal business use; (x) 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 (xi) use the Services 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 Games, all copies, derivatives, and improvements thereof and all related documentation and materials.

INTELLECTUAL PROPERTY

With the exception of the license granted above (see Section 4), Mistplay and its licensors retain all right, title and interest in relation to the Services. Our Services may 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 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. By violating the Terms of the Agreement between us, you risk breaking laws, particularly by violating our intellectual property rights. Violation of our intellectual property rights may result in various remedies, including injunctive relief. 


Violation of our intellectual property rights may include creating derivative, modified, decompiled works of our Services. You may not modify, publish, transmit, participate in the transfer or sale, creative 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.


Suggestions by you to improve our Services or the delivery thereof results in the establishing of perpetual, non-limited, transferable, sub-licensable, royalty-free, irrevocable license to use such suggestions or feedback, worldwide. This license liberates us from any obligation to compensate you for such feedback. To the extent permitted by applicable law, you waive any rights you may have in such suggestions.

CONFIDENTIAL INFORMATION

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 circumstance 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 device name, Google Advertising ID, Internet Address (IP), and usage statistics when 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. 

PRIVACY POLICY

Data protection is important at Mistplay. Mistplay collects and treats User Information in accordance with its Privacy policy available at https://www.mistplay.com/mobile-games/privacy-policy.

THIRD PARTY SERVICES

Mistplay provides Users of our Games with access to third-party services in the form of advertisements 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 Games 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.

NO WARRANTY

Mistplay works to keep our Games bug-free and safe but the user agrees to use the Games at user’s own risk. Mistplay is providing such Services “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 Services or any other services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.

NO LIABILITY

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 Services except in the case of intentional or gross fault.

INDEMNITY

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 Services by User.

GOVERNING LAW AND LANGUAGE

These Terms of Use 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 Games 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.

SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS

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.

REPRESENTATIONS AND WARRANTIES; TERMINATION

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 Games; 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 Games. Any violation of this section may result in loss of features, up to and including termination of User’s access to Games. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this section.