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.
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.
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.
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.
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.
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.
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.
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.
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 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.