Spitball Entertainment, Inc.
Terms of Use
1. ACCEPTANCE OF TERMS OF USE
Welcome to the Miya: Before & After game (the "Site"). This Site is owned and operated by Spitball Entertainment, Inc. (referred to as "Spitball Entertainment," "us" or "we"). This Site is offered to you on the condition that you accept all Terms of Use (the "Terms of Use") defined here.
There are two ways that you agree to be bound by these Terms of Use:
(1) By using the Site in any way; and
(2) By creating an account on the Site.
If you are under eighteen, you represent that your parent or legal guardian has read and agreed to these Terms of Use. If you are a parent or legal guardian creating an account on behalf of a minor for whom you have legal responsibility, you agree to these Terms of Use on behalf of that minor and acknowledge that you are responsible for that minor's compliance with the Terms of Use.
IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS IN THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER. We reserve the right to limit or terminate your access to the Site if you do not comply with these Terms of Use.
We may change these Terms of Use at any time. If we make a change, we will post them under the link "Terms of Use" on the front door of the site and/or, at our option, send you an email notification in accordance with Section 12. Please check the Terms of Use by following the link on the front door periodically for changes.
2. INFORMATION YOU PROVIDE US AND YOUR PRIVACY
Your use of the Site is subject to the Spitball Entertainment's Privacy Policy http://www.miyamackenzie.com/privacy. You agree that all information that you provide us when you create an account will be true and accurate and that you will not impersonate any person when you create an account. If we have reason to believe that the account information that you have provided to us is not accurate, we may terminate your account and your access to the Site.
Your account is password-protected. Please select a password that is easy for you to remember, but difficult for others to guess. You are responsible for all activity in your account or under your character name. Do not share your user name or password with any person, unless you are under 18, in which case you can share your user name and password with your parent or legal guardian. If you share your password with any other person, we are not responsible for actions of that person, including actions they take through your character, charges on your account or access to your personal information.
If you believe that someone has accessed your account or is using your character without your permission or if you become aware of any other security breach, contact us at Customer Support http://miyamackenzie.assistly.com/.
Spitball Entertainment is located in the United States. You consent to the collection and processing of information you provide us in the United States, regardless of where you are located. Our collection of any information about you is governed by United States laws.
3. PAID MEMBERSHIP
Membership Payments
Some areas or features of the Site are only available to paying members. To become a member you must agree to be bound by these Terms of Use and the Privacy Policy and pay the membership fee, plus any applicable fees and taxes.
You authorize us to automatically charge your credit card or debit card for the amount of the membership fees for the membership period you select, plus any applicable fees and taxes.
No fees that have been paid will be refunded.
Fees for one-month memberships will be charged at the beginning of the monthly period. Monthly membership will automatically renew each month unless you cancel the renewal. See below under "Renewal of Membership" for information on how to cancel the renewal of your membership.
Longer memberships will be charged in a one-time payment at the beginning of the membership period. They are non-cancelable and non-refundable, even if you close your account or delete your character.
Renewal of Membership
If you have selected month-by-month membership, your membership will automatically renew at the end of each month. To cancel your membership renewal, go to "Manage Your Account" and select "cancel membership." Your membership will expire 30 days after the last time your card was charged. If you have selected a membership term other than monthly, Spitball Entertainment will send you email reminders when your membership is about to expire. You may choose to renew your membership by following the procedure outlined in that email.
If you choose not to renew your membership, your character may revert to a lower level and you may lose the privileges, access and items available only to paid members.
Change of Fees
All membership fees are subject to change at the discretion of Spitball Entertainment. Your fees will not change in the middle of any membership term, and any changes will be effective upon the next renewal of your membership. If you have selected monthly membership, Spitball Entertainment will notify you of fee changes by sending you an email in accordance with Section 12. If you do not cancel the renewal of your membership, then the new fees will take effect on the next monthly payment date
Billing Support
If you have any billing problem or question, please email support@miyamackenzie.com.
4. SITE RULES
One User per Account
Each user must have his or her own account. Do not share your account login information, including your password, with any other person, unless you are under 18, in which case you may share your user name and password with your parent or legal guardian. You may log into your account from one computer only at a time.
Participating in Chat
The Miya Mackenzie site provides users with both "Menu Chat" and "Text Chat" functionality. If you have access to Text Chat you can compose your own chat messages and send them to other users. Messages sent through Text Chat are public messages. You are responsible for all messages that you send through Text Chat and for making sure that they comply with the Terms of Use.
Do not disclose any personal information about yourself or others when you are using Text Chat. This includes real names, address, email address, or IM or SNS name. While we use text-filtering software and human moderators to monitor Text Chat, it is not possible for us to catch every instance of inappropriate language, harassment or sharing of personal information. As a result, it is important that you remain cautious. If you see any inappropriate behavior or violations of the Terms of Use, let us know at support@miyamackenzie.com, or by Reporting or Blocking a user.
Inappropriate Communications
You are solely responsible for any messages, information, ideas, opinions, avatar data and actions that you submit to the Site ("Your Submissions").
You agree that Your Submissions will not:
be harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
seek to harm children or expose them to any inappropriate content;
be obscene, pornographic, excessively violent or sexual;
be illegal, encourage any illegal activity or discuss illegal activities in a manner that indicates intent to commit them (illegal activities include child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity);
be defamatory, libelous or invasive of another's privacy or publicity rights, or disclose any personally identifiable information about any person;
infringe any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
pretend to be written by someone other than you;
be antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," or "griefing;" or
contain software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
License to Your Submissions
You retain ownership of Your Submissions, but you grant, and you represent and warrant that you have the right to grant, to Spitball Entertainment an irrevocable, perpetual, non-exclusive, fully-paid, transferrable, worldwide license to use, copy, publicly perform, display, distribute, modify, adapt or reformat Your Submissions, to create derivative works of Your Submissions and to incorporate Your Submissions into other works.
You agree that none of Your Submissions shall be deemed confidential or secret information and that Your Submissions will be publicly available through the Site.
Right to Refuse to Post Content
We reserve the right to refuse to post or to remove Your Submissions at any time in our absolute and sole discretion without prior notice. We may monitor or pre-screen Your Submissions or other peoples' content or communications using automated and/or human moderation, which may cause a delay in making the content available on the Site.
No Commercial Use
You understand that the Site is offered to users/players for their personal use only. You may not use the Site as part of your business or for any commercial purpose, including copying any portion of the Site for public display. You may not use the Site to advertise products or services in any way.
5. USER PRIVACY
Please review our Privacy Policy http://www.miyamackenzie.com/privacy for detailed information on how we collect, use, disclose and retain user data.
6. NO RESPONSIBILITY FOR OTHER USERS' ACTIONS
You understand that the Site allows users to interact with each other in a virtual environment. We do not verify users or conduct any research or background check. We do not evaluate or control exchanges between users. Any opinions or statements, content or actions of a user are the responsibility of the user alone, and not of Spitball Entertainment or its affiliates.
7. INTELLECTUAL PROPERTY RIGHTS
"Miya Mackenzie," "Miya: Before & After" and "Spitball Entertainment" are the registered trademarks of Spitball Entertainment, Inc.. All third party trademarks, trade names, service marks and service names displayed on the Site are the property of their respective holders.
You agree that the Site contains proprietary information and materials that are owned by Spitball Entertainment or its licensors and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for your personal, non-commercial use of the Site in compliance with the terms of these Terms of Use. No portion of the Site or the Site may be reproduced in any form or by any means.
8. SUBMITTED IDEAS
We encourage all our users to provide feedback and feature ideas for the Site. While we try to give users credit for ideas that we incorporate into the Site when we can, it is not possible in every case. Please be aware that we are free to use any ideas, suggestions or content that you submit to us without any compensation or credit. Any ideas or opinions that you send to us will be considered "Your Submissions" under these Terms of Use.
9. SERVICE INTERRUPTION
On occasion, technical problems may delay or prevent your access to the Site. Spitball Entertainment will have no responsibility for your inability to access the Site due to any reason. In the event of a Site failure or interruption that is due to fault of Spitball Entertainment that is of such a duration so as to significantly and materially diminish the benefits of the Site, your sole remedy will be a pro rata refund of your membership payment for the period of the disruption.
Whether a Site interruption is the responsibility of Spitball Entertainment or not, if you were in the middle of an activity, transaction or purchase, or in the process of an activity that earns Beverly Bucks, Popularity Points or other in-game achievements, and you are not able to complete your activity or collect the virtual currency or points, we will not be able to replenish your account.
10. CHANGES TO OR TERMINATION OF THE SERVICE
Spitball Entertainment may make changes to the Site from time to time, including adding, modifying or removing features, content and tools, as well as changing the conditions and benefits of paid membership.
Spitball Entertainment may terminate the Site at any time. Your sole and exclusive remedy for any termination of the Site will be a pro rata refund of your membership fees.
11. TERMINATION OR SUSPENSION OF YOUR MEMBERSHIP
Spitball Entertainment reserves the right to terminate your membership or permanently or temporarily restrict your access to the Site, without any liability or refund to you, under the following circumstances: (a) your credit card is invalid or you fail to make any payment when due; (b) you have violated the terms of these Terms of Use or otherwise acted inconsistently with its spirit or letter; (c) Spitball Entertainment determines that you have provided inaccurate information in connection with your registration; (d) requests by law enforcement or other government agencies; and (e) engagement by you in fraudulent or illegal activities.
Spitball Entertainment reserves the right to inform law enforcement of any illegal activity or material that it suspects or discovers on, through, or otherwise relating to the Sites and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated. See our Privacy Policy for further information.
12. NOTICES
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use, to membership fees or to the Site. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Terms of Use or the Privacy Policy or any breach of security involving your personally identifiable information through email.
Any notices that we send to you by email will be sent to the email address you or your child provided when you registered for an account or to the current email address in your profile.
13. COPYRIGHT POLICY
Spitball Entertainment does not encourage or tolerate copyright infringement. Do not post any materials to the Site or provide any materials to us unless you have all necessary rights to do so. It is your responsibility to ensure that you have all necessary rights to Your Submissions.
Spitball Entertainment reserves the right to remove any content from the Site, in our sole discretion, at any time without notice or liability.
It is the policy of Spitball Entertainment to terminate all privileges of any user who repeatedly infringes the copyright rights of others.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, provide our Copyright Agent with a written notification that contains the following information:
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.
Notice may be sent to our Copyright Agent as follows:
By mail to:
Spitball Entertainment, Inc.
Attention: Copyright Agent
665 3rd Street, Suite #150
San Francisco, CA 94107
(888) 505-0214
Or by email to:
support@miyamackenzie.com
14. GENERAL INFORMATION
a. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Spitball Entertainment does not represent or guarantee that the Site will be error-free or that your usage will not be interrupted.
ALL INFORMATION AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED "AS-IS"AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND SPITBALL ENTERTAINMENT DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SPITBALL ENTERTAINMENT DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Spitball Entertainment's warranties shall be limited in those jurisdictions to the extent permitted by law.
SPITBALL ENTERTAINMENT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO:
ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE;
ACTIONS TAKEN OR CONTENT POSTED BY THIRD PARTIES OR OTHER USERS;
OUR FAILURE TO STORE, OR OUR LOSS OF, YOUR SUBMISSIONS;
ANY THIRD PARTY SERVICES ORDERED THROUGH THE SITE;
YOUR LOSS OF USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNTS THAT YOU HAVE PAID TO ACCESS THE SITE.
If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages described above, then Spitball Entertainment's liability shall be limited in those jurisdictions to the extent permitted by law.
b. INDEMNITY AND WAIVER
You agree to indemnify, defend, and hold Spitball Entertainment and its affiliates, officers, directors, employee, agents, licensors, representatives and third-party providers harmless from any damages, liability, claim or demand due to or arising out of:
your use of the Site,
your violation of these Terms of Use or the Privacy Policy,
your violation of any rights of any user or other person,
your Posted Content, and
any action taken by Spitball Entertainment or its partners in investigating any suspected violation or in taking action to address any violation.
Indemnification shall include the payment of reasonable attorney's fees incurred in the defending the claim.
Spitball Entertainment reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Spitball Entertainment in asserting any available defenses.
In addition, you agree to waive any right to sue or recover any damages from Spitball Entertainment and its affiliates, officers, directors, employee, agents, licensors, representatives and third-party providers as a result of any decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site, or to take any other action during the investigation of a suspected violation or as a result of Spitball Entertainment's conclusion that a violation of these Terms of Use may have occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.
c. DISPUTES
By accessing the Site, you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the Site, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred.
d. OTHER INFORMATION
These Terms of Use, the Privacy Policy and any applicable guidelines posted on the Site govern your use of the Site and constitute the entire Terms of Use between you and Spitball Entertainment regarding your use of the service. These Terms of Use supersede any prior Terms of Uses between you and Spitball Entertainment relating to your use of the Site (including, but not limited to, any prior versions of these Terms of Use or the Privacy Policy).
These Terms of Use are not assignable, transferable of sub licensable by you except with Spitball Entertainment's prior written consent.
The failure of Spitball Entertainment to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15. CONTACTING SPITBALL ENTERTAINMENT
Please contact us at the following address with any questions concerning these Terms of Use or to report any violations of these Terms of Use.
Spitball Entertainment, Inc.
Attention: Terms of Use
665 3rd Street, Suite #150
San Francisco, CA 94107
(888) 505-0214
Miya Before & After © Spitball Entertainment, Inc. All Rights Reserved.