Mistplay Loyalty Program & Website Terms of Use

ENGLISHFRANÇAIS한국어
Last updated: JUNE 28, 2021 - v9

약관 수락

Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. This Agreement is effective when the User clicks on the “AGREE & CONTINUE” button during the Mistplay account creation process (the “Effective Date”) and by doing so, User agrees to be bound by the terms of this Agreement.

These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”) and the community guidelines (“Community Guidelines”) by and between Mistplay inc., (“Mistplay” or “we”) and any individual 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/terms-of-use. Please also review from time to time our Privacy Policy at https://www.mistplay.com/privacy and our Community Guidelines http://www.mistplay.com/community-guidelines.

SERVICES

본 약관에 따라 Mistplay가 제공하는 서비스는 웹사이트 및 모바일 애플리케이션(“앱”)으로 구성됩니다. 이러한 웹사이트 및 모바일 앱은 앱에서 추천한 게임을 다운로드하고 리뷰 및/또는 이용하는 대가로 이용자에게 리워드를 제공합니다.

ACCOUNT & ELIGIBILITY

Some of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Transferring or selling a User account to third parties for their own purposes is not permitted. By using the Services, you represent and warrant that (a) all information you submit to Mistplay are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without warning at Mistplay’s sole discretion if we believe that you violate any of these Terms.

Some of the Services that we provide 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.

Some of our Services that we provide allow for a “Guest” or “Continue as Guest” option allowing restricted access to the Service. We reserve the right to modify restrictions applied to certain features when accessing the Service through a Guest option. You will not have full, unrestricted access to all features of the Service without completing a sign up for a User account.

RULES OF USER CONDUCT

Our App contains a social feature allowing the User to interact with other User(s). All Users are subject to our Community Guidelines detailing the rules of user conduct with respect to interacting with other Users on our App. Mistplay reserves the right to restrict User access to the social feature or indefinitely ban a User account for violation of our Community Guidelines.

The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a 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 Services. 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 Services. 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 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 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 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 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 nullify all units earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.

Mistplay reserves the right to indefinitely ban any user 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 gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.

Mistplay reserves the right to ban any account that appears to be using, downloading or accessing the app fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to provide a valid phone number for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn units through any means other than playing games.

It is prohibited to access the Mistplay application on any device other than an Android mobile phone or tablet and doing so can result in an account ban or rejection of an order.


TERM

This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. Mistplay may terminate or suspend your account at any time without notice if Mistplay reasonably believes that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language”.

Upon termination of this Agreement, User shall discontinue its use of the Services. However, termination of this Agreement by Mistplay shall not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Mistplay from pursuing any other remedies available to it, including injunctive relief.

User agrees that following termination of User’s account and/or use of the Services, Mistplay may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that Mistplay shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The foregoing shall not apply if such termination or deletion is attributable to Mistplay’s gross negligence or willful misconduct.

PAYMENT & FEES

User agrees to pay to Mistplay any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Mistplay for such Service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase. Mistplay refunds as prescribed in the applicable law, and for more details, please refer to the respective webpage for sales.

REWARDS

Mistplay는 앱에 게재된 모바일 게임을 테스트, 리뷰 및/또는 이용하는 것과 관련하여, 이용자에게 Mistplay 앱에서 가상 통화로 사용되며 ‘유닛’이라고 불리는 로열티 포인트를 제공합니다. Mistplay는 앱을 사용한 시간에 대하여 보상하는 것이 아니라 실제 게임 시간에 대하여 보상합니다. 앱을 열어 두는 것은 게임 플레이에 해당되지 않습니다. 이용자는 기프트 카드, 기프트 증명서, 선불카드 또는 콘텐츠 코드와 같이 Mistplay가 제공하는 다른 리워드(“리워드”로 통칭)로 유닛을 교환할 수 있습니다. 리워드는 법에서 요구하지 않는 한 현금으로 환전되거나 어떤 방법으로든 현금 환전을 위하여 재판매, 교환 또는 반환되지 않습니다. 리워드는 관련 업체 및 서비스가 이용 가능한 국가에서 사용될 수 있습니다. Mistplay는 이용자가 나이, 상황 또는 거주국 때문에 사용할 수 없는 유효한 리워드에 대하여 책임지지 않습니다. Mistplay는 Mistplay의 중과실이나 고의적인 불법행위에 의한 경우가 아니면 분실, 도난 또는 오작동 리워드에 대하여 책임지지 않습니다.

DONATIONS

Mistplay가 자선 및/또는 기타 비영리 대의(운동) 또는 단체에 행하는 기부를 위하여 여러 유닛을 사용할 수 있는 기회가 앱을 통하여 이용자에게 수시로 제공될 수 있습니다(“기부”). 이용자는 만일 이용자가 그러한 기부를 위해 유닛을 사용하기로 결정하는 경우에 그러한 기부에 대해 앱에 제시된 모든 해당 조건이 본 약관에 추가하여 적용되고 이용자의 유닛은 그러한 기부의 해당 조건에 따라 줄어들게 된다는 점에 동의합니다. 모든 기부는 Mistplay Inc.를 통하여 이루어집니다. Mistplay를 통한 기부에 유닛을 사용하는 이용자는 세금 영수증을 받을 자격이 없습니다. 일단 귀하가 기부를 위해 유닛을 사용하기로 동의하면 Mistplay는 유닛을 환불할 수 없습니다.

CONTESTS

Mistplay는 특정 이용자들이 앱에서 참가할 수 있는 대회(“대회”)를 수시로 열 수 있습니다. 대회는 관련 법령상 허용되는 지역에서만 개최될 수 있으므로, 귀하는 귀하의 관할지역에 따라 대회 참가 가능 여부가 결정됩니다. 이용 가능한 각 대회는 본 약관에 추가하여 적용될 해당 대회의 자체 약관(“대회 약관”)이 적용됩니다. 각 이용 가능한 대회에 대해서는 참가 전에 대회 약관을 완전히 그리고 주의 깊게 읽어보십시오. 각 대회는 Mistplay가 후원하며, Mistplay는 사전 고지 없이 그러한 대회 또는 대회 약관을 취소, 중단, 철회 또는 수정할 권리가 있습니다. 대회 참가자(“참가자”)는 대회 약관의 변경 여부를 수시로 확인할 책임이 있습니다. 대회 약관의 변경이 게시된 후 참가자가 대회를 계속 이용하거나 참가하는 것은 해당 변경을 수락했다는 것을 의미합니다. 

INACTIVITY

Mistplay reserves the right to delete without notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Units have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Units or Rewards, they will be considered void without notice.

LICENSE

During 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 Services 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.

LICENSE RESTRICTIONS

이용자는 (i) 13세 또는 대한민국의 거주자로서 14세 미만인 경우 계정을 만들거나 본 서비스에 접속하면 안 되며, (ii) 본 서비스의 또는 본 서비스가 사용하는, 소스 코드, 기초 아이디어, 알고리즘, 파일 형식 또는 프로그래밍 또는 정보처리 상호운용 인터페이스를 어떤 식으로든 디컴파일, 분해, 역설계, 재구성 또는 발견하려 시도하면 안 되며, (iii) 바이러스 또는 다른 해롭거나 악성인 컴퓨터 코드를 본 서비스를 통하여 또는 본 서비스에 유포하면 안 되며, (iv) 제3자에 의한 서비스 이용이나 향유를 방해하거나 지장을 주는 행동을 하면 안 되며, (v) 본 서비스로부터 제품의 정보, 저작권 또는 기타 고지를 제거하면 안 되며, (vi) 본 서비스의 전부 또는 일부를 제3자에 판매, 리스, 임대, 양도, 재라이선스하거나, 접속권을 부여하거나, 다른 방법으로 이전하거나 공개하면 안 되며, (vii) 타임 셰어링, 서비스 접수처 또는 호스팅 목적을 위하여 본 서비스를 이용하거나 제3자에게 또는 제3자를 위하여 다른 방식으로 서비스를 이용, 재판매, 재라이선스, 배포 또는 이전하거나 다른 사람들이 이용하도록 허용하면 안 되며, (ix) 본 약관에 규정된 목적 이외의 다른 목적을 위하여 본 서비스가 만든 산출물이나 다른 정보를 이용하면 안 되며, (x) 이용자의 개인적인 용도 이외의 목적으로 본 서비스를 이용하면 안 되며, (xi) 유사하거나 경쟁 관계에 있는 제품이나 서비스를 만들 목적으로 또는 서비스에 무단으로 접속하기 위하여(이를 포함하지만 이에 국한되지 않음) 승인 없이 변경된 서비스 버전을 이용하면 안 되며, (xii) 개인정보 보호, 전자 통신 및 스팸 방지에 관한 법령을 포함하되 이에 국한되지 않는 해당 지역, 주/지방, 연방 및 외국의 법을 위반하는 방법으로 서비스를 이용하면 안 됩니다. Mistplay는 본 서비스, 본 서비스의 모든 사본, 파생물, 개선물, 그리고 관련된 모든 문서 및 자료에 대한 일체의 권원을 보유하고, 본 약관에서 명시적으로 라이선스된 경우를 제외하고 이들에 대한 모든 권리를 보유합니다.

INTELLECTUAL PROPERTY

The Services 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. 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.

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 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 User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. 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/privacy.

THIRD PARTY SERVICES

Mistplay may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “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 Services or the App 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 the services bug-free and safe but the user agrees to use the services at user’s own risk. Mistplay is providing the 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 services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.

All games featured in the Discover Weekly section of the app are recommended based on similar games that a user has installed on their device. The featured games are not hand-picked or vetted by Mistplay, and downloading these games carries the same risk as downloading any other game directly from the Google Play Store. Mistplay accepts no responsibility for any unintended consequences of selecting a game from the discover weekly playlist.

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.

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.

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 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 Services 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). Residents of South Korea may settle such dispute or controversy in Korea through arbitration. 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

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