Effective Date: July 5, 2017
LEVEL-5 may from time to time conduct prize promotions (sweepstakes, contests, games, etc.) via this App/Website. Participation in such prize promotions will be governed by and subject to the App/Website official rules of LEVEL-5.
Reservation of Rights
Prohibitions: We do not permit or tolerate any illegal, abusive, harmful or improper use of this App/Website. Without limiting the generality of the foregoing, you shall not:
Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.
As used herein, “LEVEL-5 Content” means and includes any and all content and material owned or provided by LEVEL-5, including, without limitation, text, descriptions, artwork, graphics, images, photos, videos, audios, games, music, advertisements, marks, logos, slogans, links, software, downloadable and/or mobile App/Websites, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories. Without limiting the generality of the foregoing, all Layton Mystery Journey characters and associated names, images, designs, drawings and artworks are the proprietary property of LEVEL-5.
Use of Software
If you acquire or download any software made available by LEVEL-5 (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
As used herein, “User Content” means any content or material submitted or posted to by users, including, without limitation, user-originated messages, photos, images, artwork, videos, etc., but excluding any LEVEL-5 Content.
Compliance with the Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), LEVEL-5 will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. LEVEL-5 also has a policy of terminating, in appropriate circumstances, use of this App/Website by those that are determined by LEVEL-5 to be repeat infringers.
In compliance with the DMCA, the following is LEVEL-5’s Designated Agent to
receive notifications of claimed copyright infringement by User Content:
1620 26th Street
Santa Monica, CA 90404
By Email: email@example.com
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this App/Website, please notify the Designated Agent listed above in writing and provide the following requisite information:
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this App/Website, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
If LEVEL-5 receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Links to Third-Party Websites
This App/Website may contain links to other websites (the "Linked Sites") that are not owned, controlled or operated by LEVEL-5. LEVEL-5 has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.
Disclaimer of Warranties EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY LEVEL-5 AND EXCEPT WHERE PROHIBITED BY APP/WEBSITELICABLE LAW:
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APP/WEBSITELY TO YOU. BUT, TO THE EXTENT PERMITTED BY APP/WEBSITELICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEVEL-5 OR ANY OF LICENSEES OR ANY OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS APP/WEBSITE OR ANY LEVEL-5 CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APP/WEBSITELY TO YOU.
LEVEL-5 operates and provides this App/Website in the United States of America. LEVEL-5 does not represent or warrant that this App/Website or any LEVEL-5 Content is appropriate or available for use in locations outside the United States of America. If you access this App/Website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this App/Website.
(Effective Date: July 5, 2017)
Children and Parents
If you are a parent or legal guardian of a young child (i.e., a child under the age of 13), we urge you to supervise and participate in your child’s use of this App/Website. From time to time this App/Website may offer certain activities, features or events where user registration is needed to participate. To protect the online privacy of children under the age of 13, we may require parents/legal guardians to register in order for their kids to participate in such activities, events, or features, or we may require prior verifiable parental consent before giving children access to such features in compliance with COPPA. Alternatively, in accordance with COPPA’s one-time-use exception, we may allow anyone to participate in certain activities by providing only an email address and a first name (if allowable) and we will use that information to contact the user once only in connection with his/her participation in the applicable activity, feature or event, and will thereafter delete the information from our database.
If we were to collect and store personal information from children for ongoing use, we would give parents the ability to review such data or request that we delete or stop collecting or using such data. When applicable, parents can use the contact information provided at the bottom of this policy to make such requests.
Notice to California Residents – Your California Privacy Rights
Under California Civil Code Section 1798.83 (known as the "shine the light" law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.
We do not knowingly share your personal information with third parties for direct marketing uses, except with your opt-in consent. To make a request for information-sharing disclosure under this law, please email us at firstname.lastname@example.org. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.
Please note that we do not share personal information collected from children with independent third parties for marketing purposes.
Do Not Track (DNT) Disclosure
This App/Website does not currently respond to "Do Not Track" signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing "Do Not Track" signals, we would be open to following such industry standards.
What Information We May Collect
We may collect the following types of information from and about users:
What We Do With the Information
The following describes how we may use users’ information (including PII) collected on this App/Website:
· To provide, operate, manage, maintain and improve this App/Website: This includes using PII to enable, administer and manage users’ Identification Activities.
Information Access, Retention and Choice
Cookies and Similar Technologies
To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), please visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html . We may also use "web beacons" (also known as "clear GIFs", "pixel tags", etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
We use commercially reasonable measures to safeguard the security of this App/Website and our users’ information, including limiting access to our users’ information to only those of our employees, agents, contractors and service providers who need to access such information in order to perform tasks for us, and we require that they not make any unauthorized use or disclosure of the information. However, despite these efforts, no method of electronic transmission or storage is 100% secure and, therefore, we and our service vendor cannot guarantee the absolute security of our users’ account information. We will endeavor to notify our users if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of this App/Website that affects our users’ account information. However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.
To contact us, please use the information below:
· LEVEL-5 abby