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TERMS OF USE

Publication Date: December 17, 2023

 

MYSTERIUS – TERMS OF USE

 

By using the services of Mysterius, an entity of the company Koco (hereinafter “Mysterius” or “We”), you agree to comply with these terms of use ("Terms"). These Terms govern your access to and use of our games, services, website www.game.mysterius.ca, and associated forums.

 

  1. About

1.1. These Terms apply when you download a game or document from the website www..game.mysterius.ca (hereinafter: Website), and/or access it on a mobile device or any other electronic device (hereinafter: Computer), including when you access the executable games through a person who has purchased the digital game (hereinafter: the Games);

 1.2. These Terms also apply to any service that We provide in the context of using the Games, such as forums and our website (www.game.mysterius.ca) (hereinafter: the Services). These Terms constitute a legal agreement and contain important information about your rights and obligations in the context of using the games and other services offered;

1.3. If you do not accept these Terms or any future modified (updated) version of these Terms, you must not use and must immediately cease using the Services.

 

  1. License to Use and Restrictions

2.1. License: Subject to your compliance with these Terms, Mysterius grants you a limited, non-exclusive, non-transferable, and revocable license to download and use the games for personal and non-commercial purposes;

2.2. Restrictions: You may not copy, modify, create derivative works, distribute, transfer, assign, rent, loan, or sublicense the games to a third party. The resale or assignment of the games is strictly prohibited.

2.3. Game Rules: The rules of the Games, commands, and recommendations specific to the Games can be consulted directly in the Games or on our Website. These rules, commands, and recommendations are an integral part of these Terms and you agree to comply with them when you access and/or play the Games.

2.4. Internet Connection and Mobile Fees: You are responsible for the Internet connection and/or mobile fees that may be charged to you when you access the Website, the Games, and other Services and/or use them. If in doubt about such fees, consult your mobile operator or Internet service provider before accessing our Services and/or using them.

2.5. Maintenance and Service Interruption: Our Services may also sometimes be wholly or partially unavailable, either planned or unexpected, for technical or maintenance reasons.

 

3. Commercial Transactions

Purchases can be made via PayPal, credit card, or ApplePay. All purchases are final and non-refundable once the game is received in PDF format.

 

4. Personal Data Management

We collect information such as email, first name, last name, city, purchase date, and purchase details, managed via the Wix platform. You may also voluntarily provide other personal data when creating your Mysterius account. These data are processed in accordance with our privacy policy.

5. Content and Rights Related to Content

5.1 Content:  For the purposes of these Terms: (a) "Content" means texts, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or any other material that are displayed, generated, provided, or otherwise made available through the Services; and (b) "User Content" means any content that account holders (including you) make available in the context of the Services. Content includes, without limitation and subject to these Terms, User Content. To the extent that you accept these Terms, Mysterius grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, view, display, and use the Content in the context of your authorized use of the Services (only);

5.2 Content Ownership: Mysterius claims no ownership rights over User Content and nothing in these Terms shall be deemed to restrict the rights you may have to use and exploit your User Content. Subject to the foregoing, Mysterius exclusively holds all rights, title, and interest in the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright and other intellectual property rights. You agree not to remove, alter, or conceal any copyright or trademark notices belonging to Mysterius, including all notices of proprietary rights incorporated or accompanying the Services or Content. You agree not to disclose, directly or indirectly, to anyone, except in the execution of the games, the clues and plot outcomes of which you will have become aware.

5.3 Rights to User Content: You retain your rights to your content but grant Mysterius a license to use it within our services. By making any User Content available through the Services, you grant Mysterius a universal, perpetual, gratuitous, non-exclusive, revocable, transferable, sublicensable license to use, copy, modify, create derivative works from, publicly display, publicly perform, and distribute it, in order to operate the business and to provide you with the Services and Content as well as to other account holders. You are solely responsible for your User Content. You represent and warrant that you hold all intellectual property rights in connection with your User Content and that you have all the necessary rights to grant us the license rights regarding your User Content, as agreed in these Terms. You also represent and warrant that neither your User Content nor your use of your User Content in the context of using the Services will infringe or misappropriate any third party's intellectual property rights, rights to privacy and protection of personality, nor will it violate any applicable law or regulation. Mysterius may, at its sole discretion, without notice, and at any time, reject or remove any User Content that it deems inappropriate or that, in its opinion, violates these Terms.

 

6. Reporting Infringing Users

    6.1Reporting Procedure

    If you notice that a user is violating these Terms of Use or is behaving inappropriately within the Mysterius services, we strongly encourage you to report it. Here is the procedure to follow:

        1) Contact Mysterius: Send a detailed email to info@mysterius.ca. Include all relevant information regarding the incident or conduct in question.

        2) Information to Provide: Your report should include the username or any other identifier of the offending person, a detailed description of the alleged offense, and if possible, any supporting evidence (screenshots, recordings, etc.).

 

    6.2 Confidentiality: All reports will be treated confidentially. Your identity as a whistleblower will not be disclosed to the offending user.

    6.3 Review by Mysterius: We will review each report and take appropriate action in accordance with our internal policies. This may include warnings, suspension, or termination of the infringing user's account.

    6.4 Follow-Up: While we may not always provide specific details on the outcome of an investigation, we are committed to enforcing our Terms of Use and maintaining a safe environment for all users.

    6.5 User Responsibility

    By using Mysterius services, you agree to report any suspicious or inappropriate activity. By submitting a report, you help maintain the integrity and safety of the Mysterius community.

    6.6 Disciplinary Measures

    Mysterius reserves the right to take any necessary action against infringing users, in accordance with applicable laws and the company's internal policy.

 

We remind you that reporting must be founded and serious. Abusive or false reports may also result in consequences under these Terms.

7. Use of Services

7.1 You are responsible for your conduct when using the services and games, and you must comply with all applicable laws. By way of example, but not limited to, when you use the Services and the content, you agree not to:

  • defame, abuse, harass, injure, threaten, or otherwise violate legal rights (including breaches of rights to privacy, personality, or life);

  • upload, post, email, or otherwise make available any illegal, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, or deceptive content or messages;

  • promote or practice discrimination, intolerance, racism, hatred, or harassment against any individual or group;

  • introduce or attempt in any way to enter or access Content for which you have no right or authorization;

  • violate, or encourage any conduct that would violate any law or regulation in force;

  • upload, post, or otherwise make available commercial messages or advertisements and other disruptive communications;

  • impersonate or make misleading statements about your affiliation with another person or entity;

  • promote or provide instructions on illegal or harmful activities or substances;

  • promote or engage in physical harm, acts of violence, or injury against any group or individual;

  • transmit viruses, computer worms, Trojan horses, or any other similar destructive items;

  • transmit false, forged, misleading, or inappropriate data;

  • post, upload, disclose, submit, or transmit any content that infringes, misappropriates, or violates patents, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights to privacy and protection of personality of third parties;

  • use, display, mirror, or frame the Services or any individual element within the Services, using the name of Mysterius, any Mysterius trademark, logos, or any other Content owned by Mysterius, without the explicit, written consent of Mysterius;

  • access, tamper with, or use non-public areas of Mysterius or its computer systems;

  • attempt to probe, scan, or test the vulnerability of Mysterius systems or networks or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technical measure implemented by Mysterius or any of Mysterius's providers or any other third party (including another user) to protect the Services or Content;

  • attempt to access or search the Services or Content or download content from the Services using any technology or means other than those provided by Mysterius or other generally available third-party web browsers (including, but not limited to, office software, crawlers, bots, spiders, data mining tools, or hacks, tools, agents, or any other device);

  • extract, index, mine, copy the Services or Content or any part thereof (including, but not limited to, Mysterius's database and other information about users or games);

  • use meta tags or any other hidden text or metadata utilizing a Mysterius trademark, logos, URLs, or product names without Mysterius's written consent;

  • falsify packet headers or any part of header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;

  • attempt to decrypt, decompile, disassemble, or reverse engineer any software used to provide the Services or Content;

  • interfere with, or attempt to interfere with, the access of any user, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or Mysterius's infrastructure;

  • remove, conceal, or alter any attribution, warning, or link that appears in the Services or Content;

  • use the Services or Content, or any part thereof, for commercial purposes or for the benefit of any third party, or in any manner not authorized by these Terms, including, but not limited to, (a) the collection of articles or resources for sale outside of Mysterius's Website, (b) the execution of Mysterius's services in exchange for payment outside of it, or (c) the sale, resale, rental, or lending of your account;

  • collect or store any personally identifiable information from the Services of other users thereof, without their express permission;

  • violate any applicable law or regulation;

  • encourage or enable any other person to violate this chapter;

While We are not obligated to monitor access to or use of the Services or to edit, review, or modify any Content, We have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable laws or other legal requirements. We reserve the right, but have no obligation, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if, at our sole discretion, We consider it objectionable or in violation of these Terms. We reserve the right to investigate such violations, or any behavior affecting the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

7.2 The rules of the Games, commands, and recommendations specific to the Games can be consulted directly in the Games or on our Website. These rules, commands, and recommendations are an integral part of these Terms and you agree to comply with them when you access and/or play the Games.

7.3 You assume responsibility for the Internet connection and/or mobile fees that may be charged to you when you access the Website, the Games, and other Services and/or use them. If in doubt about such fees, consult your mobile operator or Internet service provider before accessing our Services and/or using them.

7.4 Our Services may also sometimes be wholly or partially unavailable, either planned or unexpected, for technical or maintenance reasons.

 

8. Third-Party Content

The games may include third-party content (such as YouTube videos). Mysterius is not responsible for copyright or the functionality of these external contents. Mysterius is not responsible for external links included in its services.

 

9. User Responsibilities and Behaviors

You agree not to infringe upon the legal rights of others, not to upload inappropriate content, and to respect intellectual property rights.

 

10. Feedback and Suggestions

All feedback or suggestions to improve the services are welcome and can be addressed to info@mysterius.ca. You grant us a universal, perpetual, gratuitous, non-exclusive, revocable, fully paid, transferable, and sublicensable authorization under the intellectual property rights you own or control, to use, copy, modify, create derivative works from, and exploit in any way your Feedback.

 

11. Termination and Effect of Termination

11.1.Mysterius, at its sole discretion, and without notice, may suspend or terminate your access to the services for various reasons, including non-use or violation of these Terms.

11.2.You may cancel your account at any time by submitting a request to this effect by email sent to info@mysterius.ca via the email address associated with your account. In the event of termination or deletion of the Services or your account, these Terms will remain in effect subject to the required adaptations.

11.3. Notably, the following chapters will remain in effect: About, Termination, Content and Rights Related to Content, Rights Regarding the Website the Games and Paid Services, Effect of Termination, Cancellation or Suspension of an Account, Feedback, Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution and General Conditions;

11.4. We will not be obligated or required to refund any unused monetary amount following the termination, cancellation, or suspension of your account. You acknowledge that Mysterius is not required to provide you with a refund for any reason and that you will not receive money or other compensation for unused Credits or Paid Services when an account is closed, whether such closure is voluntary or involuntary.

11.5. We have the right to offer, modify, eliminate, and/or terminate Credits and/or Content, and/or Services, or any part thereof, at any time, without notice or liability to you. In the event that We cease the use of Credits or Paid Services, We will notify you at least 30 days in advance, by posting a notice on our Website or through other means of communication.

 

12. Modifications to the Terms

We reserve the right to modify (update) these Terms or the Services at any time. We will notify you by posting the modified Terms on our Website. It is important to review the Terms following each modification We make. If you continue to use the Services following the publication of the modified Terms on the Website, you agree to be bound by these modified Terms. If you do not agree to be bound by these modified Terms, do not use the Services. Any update to the Terms published is immediately applicable to any user of the Services.

​13. Playing Safely

13.1.During a game, it is important to play safely and be aware of your surroundings. You agree that your use of the Website and the Games is at your own risk and peril and that any harm, including any injury, that may occur during the use of the Services is your sole responsibility except for gross negligence by Mysterius.

13.2.You also agree not to use the Games recklessly or with the intention of violating any law, rule, or regulation in force (including, but not limited to, intellectual property rights), and you agree not to encourage or allow any other person to violate any law or regulation in force. Without limiting the foregoing, you agree not to inflict emotional distress on others, nor to humiliate others (publicly or otherwise), nor to threaten or assault other people, nor to enter onto private property without authorization, nor to impersonate another person or falsely represent another person, nor to engage in any activity that could result in injuries, death, property damage, and/or any liability of any kind.

13.3.You agree that any suggestion/recommendation for action contained in the Games implies no obligation to act on your part and should not at any time be interpreted as inciting you to violate these Terms.

13.4.To the extent permitted by law, Mysterius disclaims any liability for any material damage, injury, or death that may occur during your use of our Services, including any claim arising from the violation of any law and regulation in force or your negligence or any other alleged tort. Furthermore, in the event that you face a dispute with one or more other users of the Services, you release Mysterius (and our officers, directors, shareholders, agents, subsidiaries, and employees) from all claims, demands, and damages, direct or indirect, of any kind, known and unknown, anticipated or unanticipated, declared or not, arising from or related to these disputes.

 

14. Disclaimer of Warranties

14.1.TO THE EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE, GAMES, AND SERVICES IS WITHOUT LEGAL WARRANTY, AT YOUR OWN RISK AND PERIL. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.

14.2.WITHOUT LIMITING THE FOREGOING, MYSTERIUS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Mysterius gives no warranty that the Services will meet your requirements or be available uninterrupted, secure, and error-free regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Content.

14.3.YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT MYSTERIUS DOES NOT CONTROL OR INQUIRE INTO THE BACKGROUND OF THE USERS OF THE SERVICES. MYSTERIUS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

 

15. Indemnification

You agree to indemnify and hold harmless MYSTERIUS and their officers, directors, shareholders, employees, and agents, from and against all claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and attorney fees, arising from or otherwise related to (a) your access or use of the Services or the Content, (b) your User Content, or (c) your violation of these Terms.

16. Limitation of Liability

16.1.UNLESS OTHERWISE PROVIDED BY A MANDATORY LEGAL PROVISION, NEITHER MYSTERIUS NOR ANY OTHER THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES OR CONTENT SHALL BE LIABLE FOR DAMAGES (INCLUDING LOSSES OF PROFITS, DATA, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, BODILY INJURY, SYSTEM FAILURES) CAUSED BY THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, OR ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE AND INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF MYSTERIUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2.IN ALL CASES WHERE APPLICABLE LAW WOULD RECOGNIZE MYSTERIUS'S LIABILITY FOR A FAULT DESPITE THE LIMITATIONS CONTAINED IN THIS CHAPTER, MYSTERIUS'S TOTAL LIABILITY UNDER THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES OR CONTENT SHALL IN NO CASE EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN CANADIAN DOLLARS.

16.3.THE EXCLUSIONS AND LIMITATIONS STATED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN MYSTERIUS AND YOU.

16.4.YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR THE LICENSE GRANTED TO YOU UNDER THESE TERMS, YOU WILL HAVE NO PROPERTY RIGHTS, OR ANY OTHER RIGHTS, IN ANY OF OUR SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, IN CREDITS OR VIRTUAL SERVICES.

 

17. Dispute Resolution

Arbitration Agreement

17.1.You and MYSTERIUS agree that any dispute, claim, or controversy relating to, or connected with these Terms, including their breach, termination, suspension, cancellation, enforcement, formation, effects, interpretation, use, or validity (collectively: "Disputes") shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre (hereinafter "CCAC"), by arbitration and to the exclusion of the courts and as further specified in this chapter (Dispute Resolution), except in the case where a party would seek an injunction from a competent court to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, (hereinafter: an "Action for protection").

17.2.Exclusive jurisdiction and venue for any action shall be governed by the courts of the province of Quebec (CANADA), judicial district of Joliette, to the exclusion of any other court.

17.3.Furthermore, unless you and MYSTERIUS agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of collective proceeding. The parties expressly waive their right to file a class action or seek redress on a collective basis.

Arbitration Settlement and Process

​​17.4.Arbitration will be administered by the CCAC in accordance with the rules provided in its International Arbitration Rules (hereinafter "IAR") then in force, except to the extent that these rules are modified by this chapter (Dispute Resolution). (The IAR is available at http://www.ccac-adr.org/fr/arbitrage-international.php or by calling the CCAC at 1-800-207-0685. The Civil Code of Quebec and the Code of Civil Procedure (Quebec) govern the interpretation and application of the arbitration process as a supplement or complement to the IAR. Each party may exercise the right to arbitration by providing the other party with written notice, as specified in the IAR.

Accelerated Arbitration Procedure

​17.5.The accelerated arbitration procedure developed by the CCAC applies with the necessary adaptations in the case of a claim equal to or less than fifty thousand dollars ($50,000.00), in Canadian currency, excluding interest and arbitration fees.

Procedure in the event of a claim equal to or less than $1,000.00

​17.6.If your claim does not exceed one thousand dollars ($1,000.00) in Canadian currency, then the arbitration will be conducted solely on the basis of the documents that you and MYSTERIUS submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $1,000.00 in Canadian currency, your right to a hearing will be determined by the IAR.

Seat of Arbitration, Language of Arbitration, and Number of Arbitrators

​17.7.The seat of arbitration is the city of Joliette, province of Quebec, Canada. Proceedings must be written in French or English.

17.8.The language of the hearing is French.

17.9.Decisions will be rendered by a single arbitrator, appointed by the CCAC.

Arbitrator's Decision

​17.10.The arbitrator will render a decision within the time specified in the IAR. The decision will include the findings and essential conclusions on which the award is based. Any judgment on an arbitral decision may be recognized in a court having jurisdiction in the matter.

17.11.The arbitral award for damages must be consistent with the conditions of the "Limitation of Liability" section above, as to the types and amounts of damages for which a party may be held liable.

17.12.The arbitrator may issue provisional measures or a declaratory decision only in favor of the claimant and only to the extent necessary to provide the relief justified by the individual claim of the claimant.

Costs

​17.13.The fees of the arbitrators, administrative expenses, and filing fees of the CCAC will be those provided by the CCAC or the IAR.

 

​18. General Conditions

18.1.These Terms, including their use and interpretation, are governed by the laws of the province of Quebec, Canada.

18.2.Mysterius and you elect domicile in the judicial district of Joliette, province of Quebec, Canada, for the purposes of any dispute concerning these Terms. 

18.3.These Terms constitute the entire and exclusive agreement between you and Mysterius regarding the use of the Services and the Content and supersede and replace all prior oral or written agreements on the same subject.

18.4.You may not assign or transfer these Terms, by operation of law or otherwise, without Mysterius's prior written consent. Any attempt to assign or transfer without such consent will be null and void. Mysterius may freely assign or transfer these Terms without restriction.

18.5.Subject to the foregoing, these Terms will be binding and inure to the benefit of the parties' permitted successors and assignees.

18.6.You continue to be bound by these Terms despite any corporate merger or business sale that Mysterius may carry out from time to time.

18.7.All notices and other communications provided by Mysterius under these Terms will be given: (a) by email, or (b) by posting on its Website or in the Games. For notices sent by email, the date of transmission will be considered the date on which it was sent.The failure or delay by Mysterius in enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mysterius. Unless explicitly stated otherwise in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18.8.If any provision of these Terms is held invalid or unenforceable by law or by the decision of a competent court, that provision will be interpreted in a manner consistent with applicable law, reflecting as closely as possible its original intent, and the other provisions will remain in force and applicable. If it is impossible to interpret an invalid or unenforceable part of these Terms in accordance with applicable laws, that part will be considered non-existent in these Terms without prejudice to the remaining provisions of these conditions.

 

19. Advertising and Promotion

By using the Services you agree to receive our newsletter by email, regarding our offers and promotions. If you no longer wish to receive these offers and promotions, you can unsubscribe from this service by following the procedure established at the bottom of each newsletter. For more information on this subject, please do not hesitate to write to us at info@mysterius.ca

 

20. Contact

For any questions regarding these Terms or our services, please contact us at info@mysterius.ca.

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