If you reside outside of the United States of America, the terms of this agreement (the “Terms of Service”) govern the relationship between you and M Inc. and/or its affiliates ( “MOUSEHOG” “we,” or “us”) regarding your play or use of, or participation in, MOUSEHOG mobile games (“Games”) and related services and game support applications, including, without limitation, every MOUSEHOG App or other game-related applications (“Application” or “Applications”), MOUSEHOG-branded websites (“Websites”), online communities for Games or social-network-services-offered platform for Games (collectively, the “Services”).
MOUSEHOG may amend, at our discretion, any portion of the MOUSEHOG Policy at any time by posting or displaying the amended MOUSEHOG Policy within and/or on the Games, or any of the Websites. You will be deemed to have accepted such amendments by continuing to use the Service. Except as otherwise stated, any such amendments will be automatically effective after they are initially posted.
MOUSEHOG and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Game Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by MOUSEHOG, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Game Software. The rights described in the foregoing sentence are the copyrighted work of MOUSEHOG and/or its licensors and are protected by the copyright laws of any nation in which MOUSEHOG provides the end user with the Game Software, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Game Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of these Terms of Service.
Nothing in these Terms of Service is intended to transfer any of the right, title and interest (including all intellectual property rights) described in the paragraph above from MOUSEHOG and/or its licensors to you or any third party. If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to MOUSEHOG or its licensors, as the case may be, all such rights as of the effective date of these Terms of Service, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
Only those licenses expressly set forth in these Terms of Service are granted. No other licenses are granted under these Terms of Service, whether by implication, estoppel, course of conduct, or otherwise.
Subject to your agreement and complete compliance with the Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.
Revocation of Limited License, Change of Services
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your Account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods (as defined below), without any liability to you. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF WHETHER YOU ARE BARRED FROM ACCESS TO THEM AS A RESULT OF REVOCATION OF THE LIMITED LICENSE OR CHANGE OF OUR SERVICES.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical reasons (such as technical difficulties experienced by us or on the Internet); (b) to allow us to improve user experience; (c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.
Guest Accounts If you use the MOUSEHOG Service without creating a MOUSEHOG Account, we will create and assign to your device an identifier that is similar to an account number (“Guest Accounts”). We will use the Guest Account information for providing customer support to any users who have not created a MOUSEHOG Account.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL MONEY OR VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A MOUSEHOG ACCOUNT.
By completing the MouseHog.com registration process, you may establish an Account with which to access the Service and become a MouseHog.com Member (“Member”). Your Account allows you to participate in certain games, activities and other services made available on the Website. To create an Account, you must select a login name, nickname and password. Your nickname is your MouseHog.com identity. You may not use a nickname that is used by someone else, and your nickname cannot be vulgar, or otherwise offensive, or be used in any way that violates these Terms of Service. You must provide truthful and accurate information during the Account registration process.
You may allow our Services to interact with a third-party social network or platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications through a third-party social network such as Facebook or Game Center (for iOS devices), we may collect personal Information from your profile on such third-party social networks, such as your name, username, and photograph. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.
Responsibility of Account User
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND FOR ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER OR NOT AUTHORIZED BY YOU. You may not use anyone else’s account or permit others to use your Account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. MOUSEHOG will not be responsible to you for any losses resulting from an unauthorized access or use of your Account, whether fraudulently or otherwise.
Termination of Account
You have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, anything related to, or arising out of: (i) any term of these Terms of Service or MOUSEHOG’s enforcement or application of these Terms of Service; (ii) the Content (defined below) available through MouseHog.com; (iii) your ability to access and/or use MouseHog.com; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
By Posting any User Content to or through the Application(s), you grant us a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you Post. If any of the User Content that you Post to or through the Applications contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances). If any of the User Content that you Post to or through the Applications contains any contents which are deemed by us or alleged by a third party to be illegal, infringing upon others’ rights, pornographic or inappropriate, we may remove or prohibit such User Content without further notice to you at our sole discretion.
If any of the User Content you Post to or through the Application(s) contains the name, image, voice, likeness, or biographical information (“Likeness”) of any person, you hereby represent to MOUSEHOG that you have obtained all necessary rights to that Likeness, and that MOUSEHOG’s use of that person’s Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide MOUSEHOG with a signed consent regarding the rights granted to MOUSEHOG regarding your Likeness, and you will provide MOUSEHOG with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content. By Posting User Content to or through the Application(s), you hereby grant to MOUSEHOG a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to use the Likenesses contained within the User Content for any purpose whatsoever, including without limitation commercial, advertising, and/or promotional uses, for MOUSEHOG, its subsidiary and affiliated companies, and/or any of such entities’ products or services.
You agree that you will be personally responsible for your use of MOUSEHOG services and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless MOUSEHOG, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third-party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
(a) Post, transmit, promote, or distribute illegal Content.
(b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or do anything else to another Member, guest, or MOUSEHOG employee.
(c) Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
(d) Infringe upon the intellectual property rights of MOUSEHOG or any third party.
(e) Alter or cancel another Member’s Account.
(f) Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).
(g) Impersonate another person, indicate that you are a MOUSEHOG employee or a representative of MouseHog.com, or attempt to mislead Members or guests by indicating that you represent MOUSEHOG or any of MOUSEHOG’s licensors or affiliates.
(h) Attempt to get a login ID, password, or other Account information, or any other private information from a Member or any other user on MouseHog.com. Remember: MOUSEHOG employees will NEVER ask for your password. Don’t give your password, secret answers, or billing information out to anyone.
(i) Upload any Content that you do not own or have the right to freely distribute.
(j) Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
(k) Upload files that contain a virus or corrupted data.
(l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
(m) Improperly use in-game support or complaint buttons or make false reports to MOUSEHOG.
(n) Use, develop, or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. (o) Modify, delete or create derivative works of the Service or Website, or any component thereof.
(p) Post or communicate any player’s real-world personal information within the Service or any other part of the Web Site.
(q) Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
(r) Exploit any bug in the Service or in any MOUSEHOG product to gain unfair advantage in the game and/or communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
(s) Attempt to play your MOUSEHOG game on or through any service that is not controlled or authorized by MOUSEHOG. You will not participate in any online service that provides online features or gameplay for your MouseHog.com game that is not authorized by MOUSEHOG.
(t) Do anything that interferes with the ability of other Members or guests to enjoy playing a MOUSEHOG game and using the Service or that materially increases the expense or difficulty of MOUSEHOG in maintaining the Service for the enjoyment of all its Members and guests.
If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the Help or Report Abuse functions of the Service.
MOUSEHOG does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing any MouseHog.com game. This includes the exchange of MouseHog.com Accounts or items on services including eBay or Yahoo! Auctions. We do not assume any responsibility for and won’t support such transactions.
NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR ACCOUNT AND THE SERVICE, AND AS MOUSEHOG EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SERVICE, MOUSEHOG DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, GIFT OR TRADE IN THE REAL WORLD OF ANYTHING RELATED TO THE SERVICE. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME-SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR ACCOUNTS FOR REAL MONEY OR EXCHANGE ITEMS OF THE SERVICE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR ACCOUNTS.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.
Social Networking Features and Game Forums
While using the Applications, you may enable interactivity between the Applications and certain social networking services, such as Facebook, Google+, or Twitter. These services enable you and MOUSEHOG to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy.
You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of MOUSEHOG. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally Post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in Postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that, when you disclose information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information, you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor, record and store your communications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Applications properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
Our Services may include fictional currencies such as coins, gold coins and points (“Virtual Money”) and virtual items or services for use with our Services (“Virtual Goods”). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third-party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services – any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your Account to termination.
Modification to Service
MOUSEHOG may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither MOUSEHOG nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license.
MOUSEHOG, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.
Termination of Service
We reserve the right to suspend or terminate your access to our Services (including by deleting your Account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason. In such event, MOUSEHOG is not required to provide refunds, benefits or other compensation to Users in connection with such discontinued elements of the Services.
Without limiting the generality, if we believe that you are in material breach of the Terms of Service (including by repeated minor breaches), we may terminate and delete your Account without warning. We may also terminate or suspend your Account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of User Conduct shall be deemed to constitute material breaches of the Terms of Service subject to immediate termination of your Account and access to our Services.
You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the Terms of Service.
SMS Notifications, Push Notifications, Local Notifications & Email Notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game.
Also, we may send email to your email account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want receive our email notification, please contact us.
We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
Our Intellectual Property
You understand and acknowledge that the Website, Content and other applications made available on the Service are owned solely and exclusively by MOUSEHOG, its licensors or its affiliates, and are protected by applicable USA laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these Terms of Service or otherwise.
You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the Service, Website or any Content displayed therein. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any Content may lead to the termination of your Account(s) and subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless MOUSEHOG and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties in connection with such actions.
If MOUSEHOG receives notice alleging that you have engaged in infringing behavior or reasonably suspects that your use of the Services violates MOUSEHOG’s or others’ intellectual property rights, MOUSEHOG may, in its sole discretion, suspend or terminate your Account(s) with or without notice to you.
MOUSEHOG, its logo(s), MouseHog.com, and associated brand names and domain names are trademarks of MOUSEHOG in the USA and other countries. MOUSEHOG trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by MOUSEHOG that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppels or otherwise, any right to use, any trademark displayed on the Website without the written permission of MOUSEHOG or the respective owner of such trademark, service mark or logo.
Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe in good faith that materials hosted by us infringe your intellectual property rights, then please contact us by accessing the Customer Center in our Services and provide the following information:
(a) a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
(b) a description of the infringing material and where the infringing material is located;
(c) your address, phone number and email address at which we can contact you;
(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The notice of your claim may also be submitted in writing to our designated agent as follows:
Email: [email protected]
You acknowledge that the Websites and Services may not be private or secure, and we make no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures best suited for your use of the Services.
We may provide links to third-party websites or services within our Services solely as a convenience to you. You understand that we do not control any contents, goods or services by such third parties. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisements, or other links therein.
You are solely responsible for your interactions with other Users of the Services. We may, at our sole discretion, attempt to mediate disputes between Users. We are not responsible and expressly disclaim any liability for any transactions administered by a third-party payment service provider and/or store.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES ADVERTISING OR THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES A WEBSITE OR APPLICATION LINKED TO BY THE APPLICATIONS, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING BUT NOT LIMITED TO INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR UNDER OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
Closed Beta Tests
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to MOUSEHOG, and MOUSEHOG is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.
Your obligation to keep the beta games confidential will continue until MOUSEHOG publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
All Beta Tests (Closed and Open)
(a) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” basis and we make no warranty to you of any kind, express or implied.
(b) When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(c) By selecting a “Play” button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs; (ii) any value or status indicators that you achieve through gameplay may be erased at any time; (iii) MOUSEHOG has no obligation to make these games available for play without charge for any period of time, nor to make them available at all; (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase, and; (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
(d) Beta test accounts are non-transferable under any circumstances.
Disclaimers of Warranties
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE, GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. MOUSEHOG.COM, WEBSITE, GAME SOFTWARE, MOUSEHOG’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MOUSEHOG PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MOUSEHOG WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
Limitation of Liability
NO PROVISIONS OF THESE TERMS OF SERVICE SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, YOU ACKNOWLEDGE AND AGREE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOUSEHOG OR ITS LICENSORS, OR MOUSEHOG’S OR ITS LICENSOR’S AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY FOR THE PURPOSES OF THIS CLAUSE “MOUSEHOG AND ITS AFFILIATES”) IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MOUSEHOG AND ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION (INCLUDING BUT NOT LIMITED TO DEFAMATORY COMMUNICATIONS) OR CONTENT ON THE SERVICE OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL MOUSEHOG AND ITS AFFILIATES’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MOUSEHOG FOR THE SERVICE IN THE YEAR IN WHICH LIABILITY ARISES. FURTHERMORE, IN NO CASE SHALL MOUSEHOG AND ITS AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LI MITATION, THOSE RESULTING FROM DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE), GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE) , INCLUDING BUT NOT LIMITED TO DEFAMATION AND/OR CONTENT-RELATED CLAIMS, OR MEMBERSHIP WITH MOUSEHOG.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MOUSEHOG AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOUSEHOG AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. MOUSEHOG AND ITS AFFILIATES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
These Terms and the relationship between you and us shall be governed by the laws of USA. The competent court to hear any dispute arising out of or in connection with this agreement is determined in accordance with applicable law.
Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Void Where Prohibited
MOUSEHOG makes no representation or warranty that any material on the Website, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside USA, you are responsible for compliance with all applicable local laws.
Parental Control Information
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MOUSEHOG. The failure of a party to assert any right under these Terms of Service shall not be considered a waiver of that party’s right, i.e., the right will remain in full force and effect. In addition, these Terms of Service and the Privacy Statement, including MOUSEHOG’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These Terms of Service and all related documents are written and shall be interpreted in the English language.
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via email at [email protected]