End-user license agreement (EULA)
© 2023 Global Mind Inc. All rights reserved.
This product (the “Game”) is by Global Mind Inc. (“PLAYMIND”), a Quebec company, which is located at 6749 Saint-Laurent Blvd, Montreal, Quebec, Canada, H2S 3C8.
This End-user license agreement (the “Agreement”) is an agreement between you and PLAYMIND and applies to all users of this Game. If you have any questions relating to the Agreement or the Game, they can be sent at this address: email@example.com
PLEASE READ THIS AGREEMENT CAREFULLY. THROUGH YOUR CONTINUED USE OF THIS GAME, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU ARE UNDER THE AGE OF 18 OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT BEFORE YOU MAY USE THE GAME. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS GAME. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
In this Agreement, “you” or “your” means any person or entity using this Game, and your parent or legal guardian, in the case of minors. Unless otherwise stated, “PLAYMIND”, “we” or “our” refers to PLAYMIND and its successors and assigns. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Game and receipt of data, materials and information available at or through the Game.
We shall have the right at any time to change the Game, including eliminating or discontinuing any content or feature of the Game. Such changes, modifications, additions, or deletions shall be effective immediately upon implementation. We may or may not provide notice, in such form that we determine appropriate, including, but not limited to, posting a notice on the Game, or sending a notice by electronic mail. Your use of the Game after any changes shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
4. RESTRICTIONS ON USE OF MATERIALS
The Game contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from any Game owned, operated, licensed or controlled by us and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event, only on any single device for your personal, non-commercial use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Materials on any other device or platform is prohibited without our express written consent.
If you download software from the Game, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer rights to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete rights to the Software, including all intellectual property rights therein. You may not resell, decompile, reverse engineer or disassemble the Software. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the “CLAIMS OF COPYRIGHT INFRINGEMENT” section of this Agreement and follow the instructions.
5. THIRD PARTY SITES
6. THE GAME
You may not:
– Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Game, in whole or in part.
– Remove, disable or circumvent any proprietary notices or labels contained within the Game.
– Export or re-export this Game or any copy or adaptation in violation of any applicable laws or regulations.
– Take advantage of a bug or exploit an oversight in game design or development in order to gain free access to content that would normally have to be purchased.
– Use third-party software in the Game to gain free access to content that would normally have to be purchased.
– Communicate about a bug or game design or development oversight that can grant free access to content that would normally have to be purchased.
– You understand that if you break these rules, your account could be suspended or banned from in-game features or the Game OR your account could be deleted outright without warning.
7. IN GAME PURCHASE
You may purchase goods or services in the Game (“Items”). With respect to these Items, You understand that except for the right to use such Items in the Game, You have no other right or title in or to any such Items. We may control, modify, discontinue, manage, change the prices or otherwise regulate these Items at any time and for any reason. PLAYMIND reserves the right to discontinue Items, restrict sale of some Items and reject, correct, cancel or refuse orders. PLAYMIND may revise or modify Items at any time including prior to PLAYMIND’s acceptance of your order, without prior notice to you.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. Once an order for Items is accepted by PLAYMIND, no returns, refunds, exchanges, substitutions or cancellations are permitted except as required under applicable law.
While every effort is made to ensure that descriptions of Items and prices are accurate, occasionally errors may occur. PLAYMIND reserves the right to correct errors in the description of Items and/or pricing at any time, prior to accepting an order already placed.
8. JURISDICTIONAL ISSUES
This Game is owned by PLAYMIND in Quebec, Canada. PLAYMIND’s offices are located in Quebec, Canada. If you choose to access and use this Game from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement shall exclusively be governed by and construed in accordance with the laws of the Province of Quebec and of Canada, without giving effect to any principles of conflicts of law. You agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed in the competent Court of Canada, located in Quebec city, Quebec, Canada, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement.
9. PROHIBITED ACTIVITIES
You may not access or use the Game for any purpose other than that for which we make the Game available. The Game may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Game, you agree not to:
- Interfere with, disrupt, or create an undue burden on the Game or the networks or services connected to the Game.
- Harass, annoy, intimidate, or threaten any of our employees or agents responsible for providing any portion of the Game to you.
- Attempt to circumvent any measures of the Game designed to prevent or restrict access to the Game, or any portion of the Game.
- Retrieve data or other content from the Game to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Deceive, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords.
- Bypass, disable, or otherwise interfere with the Game’s security features of, including features that prevent or restrict the use or copying of any Content or that impose limitations on the use of the Game and/or the Content it contains.
- Denigrate, tarnish, or otherwise harm, in our opinion, us and/or the Game.
- Use any information obtained from the Game in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Game in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Game.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Game or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Game.
- Engage in automated use of the system, such as using scripts to send comments or messages, or the use of any data mining, robots, or similar data gathering and extraction tools.
- Remove copyright or other proprietary rights notices from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including without limitation, clear gifs, 1×1 pixels, web bugs, cookies, or other similar devices.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way forming part of the Game.
- Except as may result from the use of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Game, or use or run any unauthorized script or other software.
- Use a buying agent to make purchases on the Game.
- Make any unauthorized use of the Game, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Game as part of any effort to compete with us or otherwise use the Game and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Game, and other users of the Game to use your Contributions in any manner contemplated by the Game and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Game in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Game.
We allow advertisers to display their advertisements and other information in certain areas of the Game, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE GAME WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GAME’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE GAME AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all copies and installations of the Game, all Materials and all related documentation in your possession, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all copies and installations of the Game, all Materials and all related documentation in your possession.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD PLAYMIND HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH PLAYMIND MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS AGREEMENT; (II) YOUR USE OF THIS GAME; AND/OR (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH PLAYMIND IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
15. LIMITATION OF LIABILITY
Your use and browsing of the Game is at your own risk. If you are dissatisfied with any of the Materials contained in the Game, or with any provision(s) of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Game. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Game in terms of their correctness, accuracy, reliability, or otherwise. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user.
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE GAME BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE GAME OR THE MATERIALS CONTAINED WITHIN THE GAME, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE GAME HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE GAME SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE GAME. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. However, in no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you to us, if any.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR GAME OR THE SERVICES TRANSMITTING OUR GAME TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE GAME TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE GAME. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE GAME AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE GAME ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
16. GENERAL PROVISIONS
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this Agreement. Your use of this Game is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and PLAYMIND. This Agreement may not be assigned by you.
Our failure to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of this Agreement.
This Agreement, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Game, and replaces any prior understandings or agreements (whether oral or written) regarding the Game. IF YOU DO NOT AGREE TO THE FOREGOING AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, PLEASE STOP USING THE GAME.
This Agreement takes effect as an agreement and separately as a notice which limits the basis on which PLAYMIND makes the Game available. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. In this Agreement, the word “including” is used illustratively, as if followed by the words “but not limited to.” The headings in this Agreement are for your convenience and reference and do not limit or affect this Agreement.
17. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Global Mind Inc.
Full address of designated agent to which notification should be sent: 6749 Saint-Laurent Blvd, Montreal, Quebec, Canada, H2S 3C8.
Telephone Number of Designated Agent: +1 (514) 845-6555
Facsimile Number of Designated Agent: +1 (418) 529-5869
To be effective, the notification must be a written communication that includes the following:
– A physical or electronic signature of 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 at a single online site are covered by a single notification, a representative list of such works at that site;
– 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 us to locate the material;
– Information reasonably sufficient to permit us 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.
2. INFORMATION COLLECTION AND USAGE
To enable you to access our Game and use our Services in accordance with our Terms of Service, we need to at least collect and process from all of your device information including MAC Address, IP Address, model, OS type and version and unique device ID (collectively, “Device Information”). We collect and process your Device Information because we have a legitimate business interest in providing the Game to you that do not override your interests, rights and freedoms to protect information about you. We use your Device Information to discharge our contractual obligations to you as a User of our Services.
With your Device Information, we will:
– Provide access to PLAYMIND Games and any of our Services;
– Create your game account and manage the account information;
– Inform you of (a) existing products, new products, services, features, promotions, enhancements and updates regarding our Game and (b) updates to the Policy;
– Fulfill your request and/or order for PLAYMIND Games and our obligations under the Policy;
– Monitor the technical functioning of the Game; and
– Trouble-shoot errors or issues with the Game.
Our Game will also record game play information including, without limitation, your activities within PLAYMIND Games high scores or game session duration, for the continuation of your game play. Any time you access the Game, we also collect aggregate information, including, without limitation, internet protocol addresses, your device’s operating system, browser type and browser language. We use the game play information and aggregate information to provide adequate services within the Game, better tailor the Game to your interests, to provide you more efficient customer support, and to overall enhance the Game. We collect and process your game play information because we have a legitimate business interest in providing the Game to you that do not override your interests, rights and freedoms to protect information about you.
When you access and/or use our Games, we may also collect your usage statistics about your interactions with the Game. Such usage data is collected through the use of server log files and/or automated means. We and our marketing partners and analytics service providers use technologies may use “cookies” and other technologies such as pixel tags and web beacons, clear GIFs on certain our Services, Games, advertising and web pages to analyze your use of our Services, games, advertising and web pages, to customize, improve the same, to measure promotional effectiveness, and to promote trust and safety. We collect and process your usage data because we have a legitimate business interest in providing the Game to you that do not override your interests, rights and freedoms to protect information about you. You are always free to decline our cookies if your browser or device permits, although doing so may interfere with your use of some of our Services, Games, advertising and web pages. Please note that certain features of our Services, Games, advertising and web pages will not be available once cookies are declined.
In addition to your Device Information, when you create an Account, we collect the following information which must be processed in order for us to provide you with our applicable Game services in accordance to our Terms of Service:
– Email address and password; and
– User ID and nickname. (Collectively with email address, password, and nickname, the Account Registration Information).
When you use or access to PLAYMIND Games using a third party Social Networking Service (“SNS”), such as Facebook, TikTok, Apple Play Center or Google +, you allow us to access and/or collect certain information from your SNS profile/account as permitted by the terms of the SNS Platform and your privacy settings in this regard. In order to provide SNS Account users the Service and necessary customer support, we, in addition to your Device Information, collect your unique SNS identifier and your SNS profile photo (collectively, the “SNS Information”). We collect and process your SNS Information because we have a legitimate business interest in providing the Game Services to you that do not override your interests, rights and freedoms to protect information about you. We use your SNS Information to discharge our contractual obligations to you as a User of our Game.
If you do not wish your SNS to provide us your personal data, you can disconnect the SNS login in the Game settings or change the privacy setting on your SNS. Your deliberate disconnection of the SNS login may limit certain features of our Game.
We collect and process the Account Registration and SNS Information because we have a legitimate business interest in providing the Game to you that do not override your interests, rights and freedoms to protect information about you. We use this information to discharge our contractual obligations to you as a User of our Services. With your Account Registration Information, we will:
– Provide customer support and respond to User inquiries;
– Fulfill your request and/or order for the Game and our obligations under the Policy;
– Enable User-to-User communication and interaction;
– Provide customer support and respond to user inquiries;
– Solicit your input and feedback to improve User experience;
– Monitor the technical functioning of the Game;
– Develop new and/or improved games, products, services or offerings; and
– Trouble-shoot errors or issues with any Services of the Game.
Please keep in mind that your profile photo, country or other profile information may be publicly viewable by other users depending upon your privacy setting. You may control the visibility of most of such profile information you share with other users at any time.
If you log-in as an Android phone user, we may, upon your request, periodically access your contact list and/or address book on your mobile/online device in order to help you find any friends who may also have an Account. We will use such contact information solely for such friends-matching service, and we will not store such information after fulfilling this purpose. If you are an iOS user, we will not access your contact list and/or address book on your mobile/online device unless your identity is reasonably verified.
In addition, upon your explicit consent, we may also collect and process below information to provide enhanced game services and promotional/marketing information regarding PLAYMIND Games via push notification and/or e-mail newsletters:
– For marketing purposes, your country, email address;
– In order to provide you with social networking services within the Game, your profile photo, country;
Children under the age of 16 may only use our gaming services with a valid consent from their legal representative (e.g. their parents). We endeavor to verify the validity of consent or any type of contract concluded with such children is valid by providing users with age verification methods and obtaining clear consent from children’s legal representatives. If we become aware that we have inadvertently gathered personal data from such children, we will take reasonable measures to promptly delete such information from our records. If children under 16 or their legal representative ask us to stop processing or profiling their personal data for direct marketing purposes, we will do so immediately .
The Game may contain links to other websites. The fact that the Game links to a website or presents a banner ad or other type of advertisement does not mean that we endorse or authorize that third party, nor is it a representation of our affiliation with that third party. We are in no way responsible for the privacy policies of these other websites to which you choose to access from the Game. It is your responsibility to read the privacy policies of these other websites when exiting the Game.
3. SHARING INFORMATION
Your personal data will not be shared with third parties except as explicitly approved by you or except in the following circumstances:
a. Third Party Service Providers. We may provide your information to third party companies (the “Third Party Service Providers”) that perform services on our behalf, including, without limitation, operation of the Game, data analysis, marketing services, promotional events, email campaigns, hosting services, and customer service or support. The Third Party Service Providers may access your personal data, but are required to use it solely as directed by us for performing requested services. We will ask for your consent before we share your data with the Third Party Service Providers.
b. Business Partners. We may share with our Business Partners the information you provide about yourself, such as (i) your Account Registration information, (ii) your profile information, (iii) any technical and usage information we collect, and/or (iv) game play information, to the extent that such disclosure may serve the above-mentioned purposes and/or facilitate your use of the Game. We will take commercially reasonable efforts to ensure that the Business Partners use your information shared by us in compliance with any applicable laws or regulations and solely for the above-mentioned purposes. We will ask for your consent before we share your personal data with the Business Partners.
If you wish to no longer have your personal data used by the Business Partners for their marketing purposes, please contact us at firstname.lastname@example.org.
c. Payment service provider: When using electronic payment services, information related to the use of electronic payment service(including payment activity information) may be provided to a certain electronic payment gate. Information related to electronic payment can be stored to the United States and elsewhere in the world.
d. Advertising of Third Party Products/Services. We will not actively share personal data with third party advertisers (the “Advertisers”) for their direct marketing purposes unless we obtain your consent. We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile/online device IDs) to develop and deliver targeted advertising in the Advertiser’s website or application. We may also allow the Advertisers to collect these and similar types of information within the Service and they may share it with us and/or use it for advertising. The Advertisers may collect this information through the use of a variety of tracking technologies, including without limitation, browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your User experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). We will ask for your consent before we share your personal data with the Advertisers.
e. Offer Walls. PLAYMIND Games or their purchase pages may display an “offer wall” that may be hosted by a third party offer wall provider. The offer wall allows the Advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of the Advertisers. These offers are not controlled by or made by us. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by us. To properly credit User accounts and to prevent fraud, a unique identifier will be shared with the offer wall provider. This identifier is used to ensure proper crediting of your account, prevent fraud or duplicate offers and to resolve any customer service inquiries that may arise. We will ask for your consent before we share your personal data with the Advertisers.
f. Safety, Security and Compliance with Law. We may disclose your information to certain third parties if we reasonably believe that:
– We are required to disclose the information in response to legal process (e.g., a court order, search warrant or subpoena);
– We are required to satisfy any applicable laws, regulations, or administrative orders;
– There is an emergency that poses a threat to the safety condition of you, another person, or general public; and
– Such disclosure is reasonably necessary to protect the rights or property of PLAYMIND.
g. Sale or Merger. In the event that PLAYMIND or Global Mind Inc. undergoes a business transition, such as a merger, acquisition by another company, or sale of all or the substantial portion of its assets, we may transfer all of your information you have provided, including personal data, to the successor organization in such transition if permitted by and done in accordance with any applicable law. If material changes to our privacy practices will occur as a result of the business transition, we will notify you of the business transition prior to transferring your personal data.
4. PERSONAL DATA RETENTION AND DELETION
We retain your information only for the period of time as necessary to achieve the particular purpose for which the information was processed. Typically, we retain your information for 14 days after deregistration of your Account or for the duration described as follow:
– Records of an agreement or cancellation of subscription, Records of payment – 7 years
– Tax and accounting records – 7 years
– Records of electronic financial transaction – 7 years
– Records of customer complaint or dispute resolution – 3 years
– Records of misuse by users of game services – 1 year
– Computer communication or internet log-in records of computer communication or facts about an internet user’s utilization of telecommunication service – 3 months
In the case of social media connecting information, in the events that it is no longer necessary to provide app experiences or services to the user (if the information is deemed non-essential for the implementation of function), the synced social media account is deleted, requested by the provider of the synced account, required in accordance with the law or regulations, the corresponding information will be deleted immediately.
Notwithstanding, we may retain your information insofar as such information will be processed solely for archiving purposes in the compliance with our legal obligation, public interest, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards, in accordance with the data protection laws, for your rights and freedoms. Note that in some circumstances, you have the right to request us to delete the information. The appropriate safeguards shall ensure that technical and organizational measures are in place to ensure respect for the principle of data minimization.
5. DATA TRANSFER TO ANOTHER COUNTRY
Your personal data may be transferred globally, either within or outside the European Economic Area (“EEA”), including to a country or territory that may not have equivalent data protection standards. In all cases, appropriate security measures for the protection of personal data will be applied in those countries or territories, in accordance with applicable data protection laws.
6. INFORMATION SECURITY
We take appropriate technical and organizational measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store. Despite our efforts to enhance the security level of the Service, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We strongly encourage you not to share your account password with any third parties for any reasons. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal data through these mediums.