Effective date: 16th August 2021
For the purpose of this Policy, “Information” means any information relating to an identified or identifiable individual. This includes information relating to your use of (a) our games (“Games”) and (b) any website dedicates Monsta which links to this policy (“Website”). When you use the Games or the Website (the “Game”), you accept our rules and policies which set out how we handle your Information, and you understand we collect, process, use and store your Information as described in this Policy. If you do not agree with this Policy, you must not play any of the Games. If you change your mind in the future, you must stop playing the Games and you may exercise your rights in relation to your Information as set out in this Policy.
1. Personal information we collect
- 1.1 Network Information
Network information regarding transactions, including, among other things, the device type, operating system, and browser type – IP address, IDFA identifiers (for iOS devices), Identifier for. Advertising (for iOS devices) and Google Advertiser IDs (for Android devices) among other things: frequency capping, attribution, conversion events, estimating the number of unique users, advertising fraud detection, and debugging) cookie information, search history, device ID, Android ID, your regional and language settings, the physical location of your device (if you have permitted your mobile or other location-aware devices to transmit location data), network status (WiFi/3G), and software and hardware attributes. We may use your location (city) (if you have permitted your mobile or other location-aware devices to transmit location data) to learn how to adjust and personalize your use of the Services.
- 1.2 Blockchain information
Information about plugins you might be used includes but is not limited to those related to the management of cryptocurrency assets and any information provided by them.
- 1.3 Interaction data
We may receive network information from you as a result of your interaction with our Apps. We also may receive Data about your use of the Service, such as gameplay data and your interactions with other players inside the application. Your interactions with the Site may be documented via tracking software.
- 1.4 Personal information
We may receive certain personal information, including, but not limited to, your name, address, telephone number, google account, email address, date of birth, BEP 20 Wallet Address, Monsta Wallet Address/3rd Party Wallet Address, and so on.
2. How we use your personal information
We use your Information to:
- Provide you with the Games. More in particular, we will use your information to perform our contractual obligation towards you to allow you to create an account, play the Games (including as a guest) and remember your progress, allowing you to play games with your friends, provide you with a (moderated) in-Game chat functionality (if applicable), and to allow you to make purchases via Google Play, IOS App Store, and maintain a record of such purchases. The Information we process when doing so includes your registration information, the information you provide to us when playing the Games, identifiers, information you generate and display when playing the Games, and information regarding your use of the Games such as transaction records.
- Improve and monitor Game use. It is in our legitimate interests to improve our Games for our customers. When doing so, we may collect information we automatically collect or is generated about you when you play the Games, as well as non-personal information about your device such as battery, Wi-Fi strength, device manufacturer, model and operating system, and the amount of free space on your device.
- Provide you with support and to respond to your requests or complaints. If you reach out to us for support, we will use your Information to create a support account for you, respond and resolve your queries and complaints, facilitate support. When doing so, we perform our contractual obligation towards you. The Information we process when doing so includes your registration information, your identifiers, your non-personal information in your device (eg: device model), and any other information about you collected via our customer support channels.
- Conduct analytics. It is in our legitimate interests to analyse the use of and inform our Games, newsletters and advertising campaigns, and evaluate user behavior, including to understand the effectiveness of existing product features, plan new features, or measure audience size or characteristic. When doing so we will process information we automatically collect or is generated about you when you play the Games or interact with our newsletters and advertising campaigns to (a) create anonymised and aggregated data; (b) create segments of users who show particular characteristics or interests; and (c) conduct predictive analytics about your interests.
- Send you updates about in-Game offers and our other products and services that may be of interest to you. We will send you promotional offers, and information about other products and services that may be of interest to you. Where it is required, we will only do so where we have your consent. We do so via email, push notification or in Game. When doing so, we process your registration information and the analytics information above. Your consent can be withdrawn at any time by following the unsubscribe mechanism at the bottom of each communication for emails or by adjusting your device settings for push notifications.
- Prevent fraud, defend Miniclip against legal claims or disputes, enforce our terms, and comply with our legal obligations. It is in our legitimate interests to protect our users against online abuse and other anti-social or illegal activity, e.g. when moderating conversation in our Games. Furthermore, it is also in our legitimate interest to protect our interests by (1) monitoring Game use to detect fraud or any other user behavior which prejudices the integrity of our Games, (2) taking steps to remedy the aforementioned fraud and behavior, (3) defending ourselves against legal claims or disputes, and (4) enforcing our terms and policies. When doing so, we will process the Information relevant in such a case, including information you provide us, the information we automatically collect about you, and information that is provided to us by third parties.
- Conduct surveys. From time to time, we may ask you to participate in surveys we conduct which are in our legitimate interest because they help us understand our userbase and improve the Games. If you choose to participate, we process your registration information and any other information collected through the survey questions.
- By using the Monsta Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older, and (d) your use of the Monsta Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are less than 13 years of age.
- You warrant that you are legally authorized to create and publish the Monsta campaign to act on behalf of the brand if you upload any brand logo or product images of the brand using Monsta Services.
4. General undertakings
- You accept sole responsibility for all of your activities using the Website, including Your conduct on the site and any and all content you may submit, post or share via the Website. You will not use Monsta Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms, or any other destructive code.
5. Prohibited user content/actions
Please do not publish anything offensive, promote anything illegal, or harass anyone in Monsta. You may not create:
- Any content offering to sell illegal goods or services;
- Pornography/sexually explicit content.
Also, you shall not:
- Use any misleading or incorrect names, or unlicensed content upon using our Services.
- Share your password.
- Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
- Use any of the software on our Website, or downloaded from the Website, to create a competing product.
- If you become aware of misuse of the Monsta Services by any person, please contact us by email at: [email protected], or reach us through https://help.monstainfinite.com/
6. Proprietary rights owned by us
- You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
- In the event, it is found that our proprietary rights are being infringed, we shall proceed with legal actions against you.
7. Proprietary rights owned by you
8. Website access
In order to access some features of the Website, you will have to create an account. You may never use someone else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Monsta immediately of any breach of security or unauthorized use of your account. Although Monsta will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Monsta or others due to such unauthorized use.
9. Online sharing through third-party services
Monsta enables you to share your Monsta campaign and/or User Content (as defined below) through third-party websites, blogs, or ad network systems. When sharing your Monsta campaign through third-party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
10. Third party services
You are fully aware of the fact that Monsta shall not have any responsibility or liability with regard to any third-party services used by you on or through your Monsta formed web content, such as payment services, and any use of such third-party services shall be at your own responsibility and liability.
11. Termination of account or services
- We may cancel, suspend, or terminate your Account and your access to your Account funds and any related or subsidiary accounts in our sole discretion and without prior notice, including if (a) you fail to comply with any term and condition; (b) we suspect fraud or misuse by you of your Account; (d) we suspect any cheat or use of third-party tools to gain unfair advantages, or (e) we suspect any other unlawful activity associated with your Account. Your account is closed in the event, suspended, or terminated due to the above-mentioned circumstances, we have the right to trace and confiscate any benefits, privileges, earned virtual items, and purchased virtual items associated with your use of our services.
- You can remove/delete your Monsta Wallet Account at any time. If you change your mind, you might not be able to recover it. You may proceed to https://help.monstainfinite.com/ to file us a ticket and request for account cancelation.
- We have no obligation to reimburse or refund to you any account fund lost due to cancellation, suspension, or termination as well as any benefits, privileges, earned virtual items, and purchased virtual items associated with your use of our services. You acknowledge that Monsta is not required to refund for any reason and that you will not receive money or other compensation for unused funds when your Account is closed, whether such closure was voluntary or involuntary.
- We have the right to offer, modify, eliminate, and/or terminate your Account without notice or liability to you.
12. Intellectual property rights
The Content on the Monsta (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, Monsta uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Monsta document). Monsta reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Monsta Website or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Monsta Website or any of the Content therein.
You do acknowledge and agree to the Company, Monsta being able to reference you or the brand you used for Monsta campaign as a client without a separate agreement. You also agree that your Monsta campaign can be used by Company in marketing and public relations activities only for reference purposes.
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Monsta in writing of any unauthorized uses of your account or any other breaches of security. Monsta cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Monsta be liable, in any way, for any acts or omissions by any Monsta User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
15. Warranty disclaimer & limitation of liability
- You agree that your use of the Monsta Website shall be at your sole risk. to the fullest extent permitted by law, Monsta, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Monsta makes no warranties or representations regarding the accuracy or completeness of the content on the Monsta Website or the content of any sites linked to the Monsta Website.
- In no event shall Monsta, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Monsta Website. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You specifically acknowledge that Monsta shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- Monsta does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Monsta Website or any hyperlinked website or featured in any banner or other advertising, and Monsta will not be a party to or in any way be responsible for monitoring any transaction between you and 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.
- Monsta doesn’t recommend the use of the site for the hosting of personal content and shall not bear any security risks regarding breach or damage to any user content.
- Monsta makes no representations that the Monsta Website is appropriate or available for use in all locations. those who access or use the Monsta Website from jurisdictions prohibiting such use, do so of their own volition and are responsible for compliance with local law.
17. Events beyond control
Under no circumstances shall Monsta be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to, or in connection with events beyond the reasonable control of Monsta, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of the Liability section as stipulated above.
19. Contact & complaints
- We welcome questions, comments, and requests regarding this Policy. These should be addressed to [email protected]
- If you wish to make a complaint about how we process your information, please contact us at [email protected] and we will endeavor to deal with your complaint as soon as possible. This is without prejudice to your right to launch a claim with a data protection authority.
- Any updates or changes to this Policy will be published here. If there are any significant changes, we will notify you through the website and in-Game.