TERMS OF USE & PRIVACY POLICY
Effective Date: July 5, 2017
LEVEL-5 Inc. and its affiliates (collectively "LEVEL-5" or "we") own and operate this App/Website. Your use of this App/Website is governed by and subject to the following terms, conditions and notices (collectively, these "Terms of Use"). Please read these Terms of Use carefully. BY USING THIS APP/WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. We may make changes and updates to these Terms of Use from time to time; please check back often for changes and updates.
Privacy Policy
By using this App/Website, you also accept and agree to be bound by our
Privacy Policy/Your California Privacy Rights
, which describes our data collection, use, sharing, and security practices
associated with this App/Website.
Prize Promotions
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
We reserve the right at any time, in our sole discretion, with or without
notice, and without liability to you or other users, to: (i) modify,
suspend, remove or terminate this App/Website or any portion thereof; (ii)
restrict, limit, suspend or terminate any user’s access to this App/Website
or any portion thereof; (iii) monitor any user’s activities on this
App/Website to verify and ensure that user’s compliance with these Terms of
Use and any Applicable law; and (iv) investigate any suspected or alleged
violation of these Terms of Use or any Applicable law and cooperate with
authorities in such investigation.
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.
LEVEL-5 Content
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.
All LEVEL-5 Content belongs to LEVEL-5 and is protected by United States
and foreign copyright, trademark and other intellectual property laws.
LEVEL-5 hereby grants you a limited, revocable, non-sublicensable,
non-transferable license to use this App/Website and LEVEL-5 Content
solely for your own personal/household, lawful and non-commercial use
strictly in accordance with these Terms of Use and applicable laws.
Any unauthorized use of LEVEL-5 Content may result in civil and/or criminal
penalties. LEVEL-5 reserves all rights not expressly granted herein.
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:
User Content
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.
As between you and LEVEL-5, you own User Content provided by you, and
LEVEL-5 does not claim ownership rights in your User Content. However, by
providing User Content: (i) you irrevocably grant to LEVEL-5 and its
licensees the right and permission to use, reproduce, store, archive,
create excerpts, compilations and other derivative works from, publicly
perform and display, broadcast, publish and distribute your User Content as
LEVEL-5 deems appropriate or desirable in its sole discretion and to the
fullest extent permitted by applicable law; (ii) you represent and warrant
that you own all rights in your User Content and that your User Content
does not infringe or violate any third-party right or violate any
applicable law; (iii) LEVEL-5 reserves the right at any time, but with no
obligation, to remove, take down, block, disable or deny access to any User
Content that, in its sole judgment, violates these Terms of Use or any
applicable law, or may expose or subject LEVEL-5 to liability of any kind,
or may adversely affect the reputation or goodwill of LEVEL-5.
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.
Designated Agent:
In compliance with the DMCA, the following is LEVEL-5’s Designated Agent to
receive notifications of claimed copyright infringement by User Content:
By mail:
LEVEL-5 Inc.
1620 26th Street
Santa Monica, CA 90404
By Email: support@level5abby.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.
User Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LEVEL-5 AND ITS LICENSEES AND
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOR AND FROM ANY AND ALL CLAIMS,
ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS)
ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR
YOUR RELIANCE UPON, THIS APP/WEBSITE OR ANY LEVEL-5 CONTENT OR ANY USER
CONTENT; (II) ANY USER CONTENT PROVIDED BY YOU; (III) YOUR VIOLATION OF ANY
OF THESE TERMS OF USE OR ANY APP/WEBSITELICABLE LAW; AND/OR (IV) ANY
INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND A THIRD PARTY.
International Use
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.
Governing Law
These Terms of Use are governed by and shall be construed in accordance
with the laws of the State of California, U.S.A. (without regard to the
conflict of laws provisions thereof).
Severability
If any provision contained in these Terms of Use is held by any court of
competent jurisdiction to be invalid, illegal, or unenforceable, such
provision shall be deemed modified in such manner as to render such
provision valid, legal, and enforceable to the fullest extent permitted by
law in such jurisdiction, and the remaining provisions contained in these
Terms of Use shall not be affected and shall remain in full force and
effect.
No Waiver A failure by LEVEL-5 to exercise or enforce any right or provision under these Terms of Use will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing and signed by LEVEL-5.
PRIVACY POLICY
(Effective Date: July 5, 2017)
LEVEL-5 and its affiliates (collectively "LEVEL-5" or "we") owns and operates this App/Website/Website. This Privacy Policy describes our data collection, use, sharing, and security practices associated with this App/Website/Website. We may make changes and updates to this Privacy Policy from time to time. If we do, we will post the changes here and update the effective date above. If we make any material changes to this Privacy Policy, we may notify you more prominently and seek your prior consent (or the consent of a parent or legal guardian).
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 info@level5abby.com. 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
Cookies are small data files that websites send to and store on your computer or mobile device through your web browser (if you allow). Cookies enable websites to recognize your browser and record certain information about your visits. We use cookies to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, and to carry out other tasks relating to the internal operation or improvement of this App/Website. We do not use cookies to access information on your computer or mobile device. We do not use cookies to display behaviorally targeted ads or to track our users for such purposes. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you use this App/Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from this App/Website, this App/Website or portions thereof may become inaccessible or may not function properly. For more information on how to manage cookies, please visit http://www.aboutcookies.org/.
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.
Security
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.
Contact Us
To contact us, please use the information below:
· LEVEL-5 abby