Effective Date: October 15th, 2018
Mischief Cat may from time to time conduct prize promotions (sweepstakes, contests, games, etc.) via this App/Website. Participation in such prize promotions will be governed by and subject to the App/Website official rules of Mischief Cat.
Reservation of Rights
Prohibitions: We do not permit or tolerate any illegal, abusive, harmful or improper use of this App/Website. Without limiting the generality of the foregoing, you shall not:
- use this App/Website other than for your own personal/household, lawful and non-commercial use only;
copy, reproduce, publish, distribute (by sale, rental or otherwise), license, sublicense, publicly perform or display, alter, modify, or create derivative works from, any portion of this App/Website or any Mischief Cat Content (as defined below), unless expressly otherwise authorized in writing by Mischief Cat;
- decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this App/Website or any software program or application associated with this App/Website;
- submit, upload, post or transmit any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- submit, upload, post or transmit any photo or video identifying another individual without proper consent;
- impersonate another, or falsify account information, or make unauthorized use of another’s information;
- interfere in any way with the operation of this App/Website or any server, network or system associated with this App/Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this App/Website or any server, network or system associated with this App/Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this App/Website or any server, network or system associated with this App/Website;
- use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this App/Website or any server, network or system associated with this App/Website, or to extract, collect, harvest or gather content or information from this App/Website;
- frame or otherwise create a browser or border environment around any portion of this App/Website or any Mischief Cat Content, or deep-link to any internal page of this App/Website or any Mischief Cat Content;
- use the Mischief Cat mark or logo, the Layton Mystery Journey mark or logo, or any other mark, logo or source identifier of Mischief Cat (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
- harass or cause annoyance to other users;
- infringe upon any intellectual property or other proprietary right of any person or entity;
- send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind; or
- engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.
Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.
Mischief Cat Content
As used herein, “Mischief Cat Content” means and includes any and all content and material owned or provided by Mischief Cat, including, without limitation, text, descriptions, artwork, graphics, images, photos, videos, audios, games, music, advertisements, marks, logos, slogans, links, software, downloadable and/or mobile App/Websites, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories. Without limiting the generality of the foregoing, all Layton Mystery Journey characters and associated names, images, designs, drawings and artworks are the proprietary property of Mischief Cat.
Use of Software
If you acquire or download any software made available by Mischief Cat (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
- All right, title and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights, will remain with Mischief Cat.
- You may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software.
- You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software.
- You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.
- All Software provided is subject to United States export control laws and regulations. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading, installing or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.
- You acknowledge that, unless expressly otherwise stated, Mischief Cat provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.
As used herein, “User Content” means any content or material submitted or posted to by users, including, without limitation, user-originated messages, photos, images, artwork, videos, etc., but excluding any Mischief Cat Content.
Compliance with the Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), Mischief Cat will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. Mischief Cat also has a policy of terminating, in appropriate circumstances, use of this App/Website by those that are determined by Mischief Cat to be repeat infringers.
Designated Agent: In compliance with the DMCA, the following is Mischief Cat’s Designated Agent to receive notifications of claimed copyright infringement by User Content:
Mischief Cat, LLC
2633 East 14th Street
Long Beach, California 90804
By Email: email@example.com
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this App/Website, please notify the Designated Agent listed above in writing and provide the following requisite information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this App/Website, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Mischief Cat receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Links to Third-Party Websites
This App/Website may contain links to other websites (the “Linked Sites”) that are not owned, controlled or operated by Mischief Cat. Mischief Cat has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.
Disclaimer of Warranties EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY MISCHIEF CAT AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:THIS APP/WEBSITE AND ALL MISCHIEF CAT CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MISCHIEF CAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS APP/WEBSITE AND ALL MISCHIEF CAT CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MISCHIEF CAT DOES NOT WARRANT THAT THIS APP/WEBSITE AND ALL MISCHIEF CAT CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS APP/WEBSITE AND ALL MISCHIEF CAT CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS APP/WEBSITE AND ALL MISCHIEF CAT CONTENT ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MISCHIEF CAT OR ANY OF LICENSEES OR ANY OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS APP/WEBSITE OR ANY MISCHIEF CAT CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Mischief Cat operates and provides this App/Website in the United States of America. Mischief Cat does not represent or warrant that this App/Website or any Mischief Cat Content is appropriate or available for use in locations outside the United States of America. If you access this App/Website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this App/Website.
(Effective Date: October 15th, 2018)
Children and Parents
If you are a parent or legal guardian of a young child (i.e., a child under the age of 13), we urge you to supervise and participate in your child’s use of this App/Website. From time to time this App/Website may offer certain activities, features or events where user registration is needed to participate. To protect the online privacy of children under the age of 13, we may require parents/legal guardians to register in order for their kids to participate in such activities, events, or features, or we may require prior verifiable parental consent before giving children access to such features in compliance with COPPA. Alternatively, in accordance with COPPA’s one-time-use exception, we may allow anyone to participate in certain activities by providing only an email address and a first name (if allowable) and we will use that information to contact the user once only in connection with his/her participation in the applicable activity, feature or event, and will thereafter delete the information from our database.
If we were to collect and store personal information from children for ongoing use, we would give parents the ability to review such data or request that we delete or stop collecting or using such data. When applicable, parents can use the contact information provided at the bottom of this policy to make such requests.
Notice to California Residents – Your California Privacy Rights
Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.
We do not knowingly share your personal information with third parties for direct marketing uses, except with your opt-in consent. To make a request for information-sharing disclosure under this law, please email us at firstname.lastname@example.org. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.
Please note that we do not share personal information collected from children with independent third parties for marketing purposes.
Do Not Track (DNT) Disclosure
This App/Website does not currently respond to “Do Not Track” signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing “Do Not Track” signals, we would be open to following such industry standards.
What Information We May Collect
We may collect the following types of information from and about users:
- Personally Identifiable Information or “PII”: This is information that identifies you personally, such as your first and last name, email address, and phone number. We do not collect PII from you unless you voluntarily provide it to us. You may access most areas of this App/Website without providing PII to us, but from time to time this App/Website may include areas where user registration is needed to access certain features or participate in certain activities or events. We ask for and collect your PII when you register in one of such areas or when you contact us to make a request or inquiry (each, an “Identification Activity”). Whether or not to disclose PII is completely your choice. However, without providing PII you will not be able to engage in or complete an Identification Activity with us. If PII is requested/collected from children, we will first obtain verifiable parental consent before collecting or storing such information, unless we are exempt from doing so under COPPA.
- NOTE: To the extent we use UAI in a manner that identifies a user individually (e.g., if we link or associate such information with a specific user’s computer or mobile device), such information will be treated as PII. Otherwise, UAI will be treated as AAI.
What We Do With the Information
The following describes how we may use users’ information (including PII) collected on this App/Website:
· To provide, operate, manage, maintain and improve this App/Website: This includes using PII to enable, administer and manage users’ Identification Activities.
- To share with our service providers: We use third-party service providers to assist us with this App/Website’s operation, hosting, maintenance, security, etc. and they may need to access our users’ PII in order to perform tasks for us. We require that our service providers limit their use of our users’ PII solely to providing services to this App/Website and that they safeguard such information and not make unauthorized use or disclosure of the information.
Information Access, Retention and Choice
- Information Access: If you have provided PII to us on this App/Website and you wish to view or update your information in our database, please Contact Us.
- Data Retention: By engaging in an Identification Activity on this App/Website, you acknowledge and agree that we may retain the information (including PII) provided by you in our database for as long as you continue to use this App/Website or we have legitimate business need to store such information. We also reserve the right to retain the information as necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), to complete a pending transaction, to resolve a claim or dispute, and/or to enforce an applicable agreement between you and us. Because of its non-personally-identifiable nature, AAI (including UAI that is not personally identifiable) may be retained indefinitely.
- Promotional Email Opt-Out: To opt out of receiving marketing/promotional emails from us on a going-forward basis, please Contact Us or use the “unsubscribe” link provided in a marketing/promotional email you previously received from us.
Cookies and Similar Technologies
To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), please visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html . We may also use “web beacons” (also known as “clear GIFs”, “pixel tags”, etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
We use commercially reasonable measures to safeguard the security of this App/Website and our users’ information, including limiting access to our users’ information to only those of our employees, agents, contractors and service providers who need to access such information in order to perform tasks for us, and we require that they not make any unauthorized use or disclosure of the information. However, despite these efforts, no method of electronic transmission or storage is 100% secure and, therefore, we and our service vendor cannot guarantee the absolute security of our users’ account information. We will endeavor to notify our users if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of this App/Website that affects our users’ account information. However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.
To contact us, please use the information below:
· Mischief Cat, LLC