Privacy and Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS
Mouchet Software Corporation. ("Mouchet Software", "we", "us", or "our") provides an online platform for playing games, namely the Cohorts Game System. By using our website, including any of its contents or applications, you agree to comply with and be legally bound by the terms and conditions set out below (the "Terms"), whether or not you become a registered user of our services. You further agree that the Terms constitute a binding legal agreement between you and Mouchet Software. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site.
MOUCHET SOFTWARE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, ASSURANCES, GUARANTEES, OR PROMISES THAT THE CONTENT DISPLAYED HEREIN IS A DIRECT REPRESENTATION OF ANY UPCOMING COHORTS RELATED GAME.
IN NO CIRCUMSTANCE WILL MOUCHET SOFTWARE (INCLUDING ANY OF ITS OFFERS, DIRECTORS OR REPRESENTATIVES) BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR IT CONTENTS, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE SUSTAINED BY A USER, MEMBER OR ANY OTHER PERSON AS A RESULT OF USING OUR WEBSITE FOR PLAYING OUR GAMES.
Definitions
"Content" - Includes any text, documents, data, images, video, audio, software applications, flash files, or other information accessible on the Mouchet Software website or any of its webpages.
"Person" or "anyone" - Includes any individual, company, firm, partnership, joint venture, association, organization, trust, or any government or any department or agency thereof (in each case, whether or not having a separate legal personality).
"Service" or "Product" - Means any Content offered for sale by Mouchet Software, including any games, artwork, tools and or utilities.
"Service Fee" - Means the cost of any individual piece of software, service product or subscription.
"Site" - Means Mouchet Software’s website and web-hosted game content, including all its pages and contents.
"User", "you" or "your" - Means any Person accessing or using the Site, its Contents or Services, directly or indirectly, whether or not that Person has completed our online registration process.
Mouchet Software reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. Our modified terms will be displayed on the Site. By continuing to use the Site or Services after a modification has been implemented, you agree to be bound by the modified Terms. It is your responsibility to verify whether these Terms have been modified.
Restricted Use
The Site and Services are intended solely for entertainment purposes only. By accessing or using this Site, you confirm that:
1. You will not make any defamatory comments or otherwise use the Site in a way that may lower our reputation in the mind of an ordinary Person or make us liable to any other Person;
2. The Site or Services are for your personal, non-commercial use only;
3. You will not copy, share, or distribute in any manner whatever the Contents of the Site or its Services;
4. You will not assign or transfer your rights or obligations set out in these Terms to any other Person except with our express consent unless required to do so by law; and
5. You will not use the Site or Services otherwise prohibited by these Terms or by law.
Ownership and Copyright
All Content accessible on the Site or through its Products or Services is the property of Mouchet Software. We reserve our intellectual property rights in all Other Content, including but not limited to domain names, trademarks, copyright, computer codes and algorithms and all other intellectual property rights of any kind.
Without limiting the generality of the foregoing, no Content accessible on the Site or through its Services may be copied, reverse-engineered, recreated or reproduced in any manner by any Person without Mouchet Software’s express consent unless required or permitted by law. By accessing or using this Site, you agree not to distribute, circulate, disseminate, make available to any Person by any means (including but not limited to the internet or other digital network), commercialize or otherwise exploit, directly or indirectly, any Content. It is Mouchet Software’s policy, and within Mouchet Software’s sole discretion, to terminate the account of any Member who infringes or is reasonably believed to be infringing applicable copyright laws that protect the Site and its Contents.
User Content
Mouchet Software does not collect, use or disclose your personal information without your consent except where required or permitted by law.
Mouchet Software will obtain your consent for the collection, use or disclosure of personal information electronically on our Site, verbally, or in writing. In determining the appropriate form of consent, Mouchet Software will consider reasonable expectations regarding disclosure of personal information and the information’s sensitivity.
Mouchet Software will not require you to consent to the collection, use or disclosure of personal information as a condition to the supply of any Products or Services, except to the extent reasonably required to fulfill the purposes identified by these Terms or otherwise identified at the time we seek to collect your personal information.
You may withdraw your consent to the continued collection, use or disclosure of your personal information by Mouchet Software any time by deactivating your account. Deactivating your account means that Mouchet Software will no longer collect or use your personal information. Lack of access to your personal information may limit our ability to provide you with our Products or Services. Moreover, you may not be able to log on to the Site or may lose certain functionality when visiting the Site, including functionality that depends on anonymous information such as the placement of cookies.
Refunds
Mouchet Software does not offer refunds for any of its products or services.
Guarantee
We make no express or implied representations, warranties, assurances or guarantees on any of the products, software or services we provide.
Log Data
When you visit the Site, whether as a Member or User, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze Site use, to increase the Site's functionality and user-friendliness, and to better tailor the Site to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies
Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Mouchet Software uses two types of cookies: persistent cookies to save your login information for future logins to the Site; and session ID cookies to enable certain features of the Site, to better understand how you interact with the Site, and to monitor aggregate usage and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Please note that third party advertisers on the Site may also place or read cookies on your browser. If you do not wish to accept cookies or to prompt you before accepting a cookie from us, you may instruct your browser to do so by changing its options. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
You can control certain cookies
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. Blocking or deleting cookies may prevent you from using most of our Services. To find out more about how to enable, disable, or delete cookies from your web browser, please visit here. To control flash cookies, which may be used on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
Web Beacons
Our Site may contain electronic images known as Web beacons (sometimes called "single-pixel gifs") that may be used with cookies to compile aggregated statistics to analyze the use of our Site and in our e-mails to let us know which e-mails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Phishing
Identity theft and the practice currently known as "phishing" are of great concern to Mouchet Software. Safeguarding information to help protect you from identity theft is very important to us. We do not and will not, at any time, request your credit card information, your Mouchet Software Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
Severability
Each provision of these Terms shall be interpreted as to be effective and valid under applicable law, but if any provision is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms.
Entire Agreement
These Terms constitute the entire agreement between you and Mouchet Software and replace all prior express or implied representations and communications.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada. By agreeing to these Terms, you irrevocably defer to the courts of Ottawa, Ontario with respect to any matter relating to these Terms.