Moose Privacy Policy

Last updated: 22 February 2019
Effective Date: 22 February 2019

Moose is committed to safeguarding your privacy online. It is very important to us that you should be able to use and enjoy this website without having to worry about your privacy in any way.

Please also view our children’s privacy policy located at Children’s Privacy Policy

Please also view our credit privacy policy located at Credit Privacy Policy

Please also view our Oh! My Gif privacy policy located at Oh! My Gif Privacy Policy

Please read the whole of this policy to understand how your personal information will be treated.

This policy may change from time to time, so please check back regularly. All changes will be posted on our website. The last updated date will be changed at the start of the amendment of the policy.

Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the personal information that may be collected by us, what we use your personal information for, when we might disclose your personal information, the choices you can make about your personal information and how we handle your information.

This Privacy Policy applies to all websites (including all interactive features, applications or downloads available through these websites) and apps operated by Moose which contain this Privacy Policy (however accessed and/or used), whether via personal computers, mobile devices, or other technology (“Device”) (collectively “Website”). By using the Website, you acknowledge that you’ve read and understood this Privacy Policy.  Moose includes Moose Enterprise Pty Ltd, Moose Creative Pty Ltd, Moose Creative Management Pty Ltd, Moose Enterprise (INT) Pty Ltd, Moose Toys Pty Ltd, Moose Toys LLC and all of their subsidiaries and affiliated companies and are referred to in this policy as “we”, “our” or “us”.

Collection of Personal Information

Personal information is information about an identifiable individual, or an individual who is reasonably identifiable whether the information is true or not.

Customers

We collect information that is directly related to the products and services you choose. The kind of personal information we collect can include: basic contact details (name, postal address, telephone number, or e-mail), demographic details such as age and/or gender, and products you are interested in.

Generally, we will collect personal information directly from you, and only to the extent necessary to provide the product or service you requested or to carry out our internal administrative operations. We may collect personal information from you when you:

  • fill in an application form;
  • deal with us over the telephone or through any Device;
  • purchase a product;
  • e-mail us;
  • submit your personal details through the Website;
  • create an account with us;
  • ask us to contact you after visiting the Website; or
  • agree to complete an on-line survey.

We may also collect solicited personal information indirectly, through some publicly available sources, or through social media sites, like Facebook, Twitter, Google and others, who disclose to their users that the users’ personal information is provided to businesses like Moose.  We will collect personal information from you by lawful and fair means and not in an unreasonable way.

Using Personal Information

We will collect, hold, use and disclose personal information for the purposes of providing or offering goods and services to you, for any purposes that you may reasonably expect, for any other purpose authorised by law, or for any other purposes with your consent (whether express or implied). This may include disclosures to organisations that provide us with technical and support services, and professional advice.

We use personal information in the following ways to:

  • provide you with news and information about our products and services;
  • provide, deliver, source, administer, and improve our products and services;
  • provide marketing offers through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information;
  • communicate with you such as responding to queries and complaints;
  • provide you with functionality on the Website, and customising and improving your online experience with us;
  • personalise your experience with our products and services, for example, via connectivity with social media services;
  • send you marketing and promotional material that we believe you may be interested in; or
  • seek your feedback for market research purposes.  Participation in feedback such as online surveys is completely voluntary and anonymous.  It will not be used to gather identifying information about any individual

You may at any time request that we discontinue sending you emails or other communications.

Your personal information may also be used and disclosed to protect our rights or property and that of our users and, where appropriate, to comply with legal processes, which may include disclosures to law enforcement, regulatory or government agencies.

Direct marketing

From time to time we may use the personal information we collect from you to identify particular products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. Every directly addressed marketing contact sent or made by Moose will include a means by which you may unsubscribe (or opt out) of receiving further marketing information.

California Civil Code Section 1798.83 permits customers of Moose who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. Further, you may instruct us at any time to remove any previous consent you provided to receive marketing communications from us. Requests should be directed to our Data Protection Officer – DPO@moosetoys.com.

Entrants in Competitions, Contests and Sweepstakes

We may offer competitions, sweepstakes and contests through the Website that may require registration.  By participating in a competition, contest or sweepstake, you agree to the terms, conditions and/or official rules that govern that particular promotion.  If you choose to enter a competition, sweepstake or contest, we may disclose personal information to third parties or the public in connection with the administration of such competition, contest or sweepstake, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the official rules, such as on a winners’ list.

Suppliers

We collect information from suppliers that is directly related to the products and services Moose and its customers purchase and provide. This information may contain personal information such as the name and contact details of the contact people at each supplier.  Generally, we will collect personal information directly from the contact person but some information may be provided by third parties.

We use information from suppliers in the following ways to:

  • provide you with news and information about our products and services;
  • be supplied, products or services;
  • communicate including responding to queries and complaints;
  • maintain quality control and product safety; or
  • produce innovative products.

Job Candidates

We collect information from job candidates.  This information will contain personal information such as name, address, employment history and referee details. Generally, we will collect personal information directly from the job candidate but some information may be provided by third parties providing human resource services.  Job candidate personal information will be used for recruitment purposes and to evaluate the job candidate’s application. Where we wish to use the information for other purposes we will seek your agreement beforehand.

Disclosure

We do not disclose personal information to third parties unless we are permitted to do so by law or you have given us your consent to do so. Third parties we may disclose personal information to include:

  • our related companies;
  • our service providers including IT service providers, major delivery companies, mail houses and third party fulfilment contractors;
  • our professional advisors including our accountants, auditors and lawyers;
  • payment system operators and financial institutions; or
  • government agencies.

Some of our service providers provide services to us entirely or partly from locations outside your jurisdiction and we may in order to receive those services occasionally transfer personal information to such other jurisdictions (where the information may be available to the government of these other jurisdictions), including where:

  • we use service providers, cloud computing solutions or data storage located in other jurisdictions;
  • we, or our related bodies corporate, have offices in other jurisdictions;
  • we need to comply with foreign legal or regulatory requirements; or
  • an international payment has been made.

Your personal information may be stored or processed outside of the European Economic Area (EEA). These countries may not have the same data protection laws as the EEA. If we transfer your information outside of the EEA, we will take appropriate steps to ensure that your information is adequately protected.

Accessing and checking the personal information we hold about you

You have the right to request access to the personal information we hold about you. This right is subject to certain exceptions (see below) allowed by law. The file containing your personal information will be kept on our servers and those of our service providers

Moose will, upon your request to the Data Protection Officer (see Contact Us), and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we ask that you identify, as clearly as possible, the type(s) of information requested. Moose will deal with your request in a reasonable time.  Depending on the breadth of your request, we may recover from you our reasonable costs incurred in supplying you with access to this information.

We rely on the accuracy of the information you provide to us. If you think that we may hold information about you that is incorrect in any way, please contact us and we will correct any errors or inaccuracies where required.

Exceptions

Your right to access your personal information is not absolute. In some circumstances, the law permits us to refuse your request to provide you with access to your personal information. Such circumstances may include where:

  • access would pose a serious threat to the life or health of any individual;
  • access would have an unreasonable impact on the privacy of others;
  • the request is frivolous;
  • the information relates to a commercially-sensitive decision-making process;
  • access would be unlawful;
  • access may prejudice enforcement activities, a security function or commercial negotiations.

Security

Moose is committed to keeping your trust by protecting and securing your personal information. We have in place reasonable commercial standards of technology and operational security to protect all personal information provided to us from misuse, interference, loss, unauthorised access, modification or disclosure.

We limit access to personal information to individuals with a business need consistent with the reason the information was provided. We keep personal information only for as long as it is required for business purposes or by the law.

Information collected automatically

We may collect information automatically such as browser type, operating system, and web pages visited to help us manage our Website.

We use cookies (see below) and other internet technologies to manage the Website and certain online products and services. Our internet server logs the following information which is provided by your browser for statistical purposes only:

  • the type of browser and operating system you are using;
  • your Internet Service Provider and top level domain name (for example – .com, .gov, .au, .uk etc);
  • the address of any referring website (for example – the previous website you visited); and
  • your computer’s IP (Internet Protocol) address (a number which is unique to the machine through which you are connected to the internet).

This information is used by Moose for aggregated statistical analyses or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by law.

Cookies

When you interact with us on the internet, our system automatically sends you a ‘cookie’. A cookie is a small amount of information sent from a web server to your computer, electronic tablet or smart phone that enables your device to be recognised. It is used to handle your internet sessions on that device and contains a unique identifier.

Other information stored by the cookie includes website traffic data. This data is not used to identify individual details. We only collate the data into anonymous results in order to evaluate and improve our internet user ability and services. You may disable cookies using your browser’s preferences, but some features of the Website may not function if you do so.

How long do we keep your personal information

We will keep your personal information as long as your account is active or as long as it is needed to provide a product or service. If you would like to cancel your account or for us to delete your personal information, please contact our Data Protection Officer – DPO@moosetoys.com. We will only keep information that we need for legal reasons, to resolves disputes or to enforce our agreements.

Contact Us

If you have a query or question about this policy, please contact our Data Protection Officer at DPO@moosetoys.com. Or by mail at: Data Protection Officer, 29 Grange Road, Cheltenham, Victoria, 3192, Australia.

If you would like to make a complaint about the way we process your personal data you can contact the relevant Data Protection Authority (DPA). Please contact us to find out more.

Changes to This Policy

We will post changes to the Privacy Policy and publish the effective date when this policy is updated.

Safety on the Internet

Please remember that whenever you voluntarily give personal information publicly online – for example on message boards, through e-mail, or in chat areas – that information can be collected and used by others. If you provide personal information on forums like that – you do so at your own risk.

Assignment

We may change our ownership or corporate organisation or sell some of our assets.  As a result, please be aware that in such event we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged.  Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.  Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of Moose who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail toDPO@moosetoys.com. These services will respect your browser’s Do Not Track signals (or other well-established, commercially available mechanisms that provide you with the ability to exercise choice regarding the collection of Personal Information).  If we receive a Do Not Track notice, we will stop using any Personal Information for online behavioral advertising purposes.

For Canadian Residents

We may send you marketing communications by e-mail, text message or other electronic means unless you did not opt-in when required or have opted-out from receiving further messages. You may at any time opt out of the use of your personal information for marketing purposes by contacting our Data Protection Officer – see Contact Us above.

Children’s Privacy Policy

Last updated: 8 February 2019

We welcome children (“Children”) to access all websites (including all interactive features, applications or downloads available through these websites) and apps operated by Moose which contains this Children’s Privacy Policy (collectively “Website“). By using the Website, you acknowledge that you’ve read and understood this children’s privacy policy.  Moose includes Moose Enterprise Pty Ltd, Moose Creative Pty Ltd, Moose Creative Management Pty Ltd, Moose Enterprise (INT) Pty Ltd, Moose Toys Pty Ltd  and all of their subsidiaries and affiliated companies and are referred to in this policy as “we”, “our” or “us”.

Moose complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA“) and the GDPR.  Please read our Children’s Privacy Policy carefully as it explains our information collection practices for Children at our Website, such as the type of information we collect regarding Children and how we may use that information.  It also describes a parent’s or guardian’s (each, a “Parent”) ability to limit the collection and use of data collected from their Children.  Please review our Privacy Policy that applies to our general information collection practices for visitors to our Website.

PRIVO COPPA Seal Information and GDPRkids Privacy Assured Program

Kids Privacy Assured by PRIVO: COPPA Safe Harbor Certification & GDPRkids

Moose Toys is a member of the PRIVO Kids Privacy Assured Program (“the Program”) for COPPA Safe Harbor Certification and GDPRkids. PRIVO is an independent, third-party organization committed to safeguarding children’s personal information collected online. To learn more about PRIVO’s program standards click here.

COPPA Safe Harbor Certification

The Program certification applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO COPPA certification seal. The certification seal posted on this page indicates Moose Toys has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 9579 7377 or – DPO@moosetoys.com. If you have further concerns after you have contacted us, you can contact PRIVO directly at privacy@privo.com.

GDPRkids Privacy Assured

The Program applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO GDPRkids™ Verified Shield. The PRIVO GDPRkids Privacy Assured Program supports child directed services known as Information Society Services under the General Data Protection Regulation (GDPR), to comply with the requirements of this legislation. It impacts any child directed service in an EU Member State and any service globally that collects and or processes the personal data of children and minors. There is no safe harbor for the GDPR to date, but to ensure this company’s services meet the program requirements, we conduct regular monitoring and consulting.

A Note to EU Citizens

Moose complies with the rights given to EU Citizens under the General Data Protection Regulation (GDPR). These rights are as follows:

  • Correcting your Information – the right to have your personal information updated to ensure it is up-to-date and accurate.
  • Withdrawing Consent – the right to withdraw your consent to any processing that is currently being done under your consent, e.g. marketing.
  • Obtaining a copy of your Information – the right to receive a copy of the personal information we hold about you.
  • Deleting your information – right to request that we delete personal information in certain circumstances.
  • Data Portability – the right to have us transfer to another controller the personal information that you have provided us with.
  • Restricting Processing – the right to request a restriction on the processing of your data in some limited circumstances.
  • Right to object to processing – right  to request that we stop processing your data for marketing purposes and in other limited circumstances such as asking us not to process your data by wholly automated means or not to analyse your information for targeted content etc. (also known as profiling).

For more information on how to action these rights please contact us at: DPO@moosetoys.com

If you are an EU citizen and would like to make a complaint about the way we process your personal data you can contact the relevant Data Protection Authority (DPA). Please contact us to find out more.

What kind of information does Moose collect?

A.   Information provided by Children

Children may view much of the Website’s content without registering or providing personal information Moose may collect a Child’s e-mail address under the following limited one-time use circumstances:

  1. if your Child sends a request to us, we will keep their e-mail address to respond to them.  We will then delete their e-mail address from our system once we have responded to them; or
  2. if your Child enters a competition, sweepstake or contest, we will ask the Child to give us the Parent’s e-mail address, too, so that we can tell the Parent that the Child has registered for the competition, sweepstake or contest. If we need more than the Child’s e-mail address and first name (or screen name) to enter your Child in the competition, sweepstake or contest, we will notify you, explain what information we need and ask that the Parent provide it. For example, we will ask the Parent for his or her mailing address so that we can send, for your Child, any prizes the Child wins, or for his or her telephone number so that we can tell the Parent when the Child has won. Any information a Parent or the Child gives us in these circumstances will be deleted from our database once the competition, sweepstake or contest is concluded, and after any legally required period for keeping such information has ended.
  3. If the child signs up for our newsletter in the Mighty Kingdom Shopkins apps we collect the parent’s email address and the child’s email address to notify the parent of the child’s wish to participate. the parent must actively optin to their child receiving the newsletter by entering the code provi in the parent email. If the parent fails to opt in we will delete all information collected.
B.   Information collected through the use of our Website

Moose collects information on our Website’s visitors collectively including which sections of the Website are most frequently visited, how often and for how long (collectively, “Usage Information”). This is done through cookies and other technologies. This data is used as aggregated, non-Personal Information.  Cookies do not contain any Personal Information about a specific user. Moose uses Usage Information to improve and enhance our online service. You may disable cookies using your browser’s preferences, but some features of the Website may not function if you do so.  We do not share this information externally.  For more information about our technology practices, please review our general Privacy Policy.

How May Parents Access Children’s Personal Information?

Upon identification, a Parent may review the Personal Information we have collected about the Child, request deletion, or refuse to allow further collection or use of that information. When we delete Personal Information, it will be deleted from our active databases and deleted after any legally required period for keeping such information has ended.

What Does Moose Do With The Information We Collect?

We may use a Child’s Personal Information or Usage Information: (1) to enable a Child to participate in a variety of the Website’s features such as to track collectables or enter competitions, sweepstakes or contests; (2) to process a Child’s registration with the Website; (3) to improve the Website or to serve the Child specific content that is most relevant to the Child; (4) to contact the Child and Parent with regard to the Child’s use of the Website and, in our discretion, changes to the Website and/or Website’s policies; or (5) for purposes disclosed at the time the Child provides their information or as otherwise set out in this Privacy Policy.

Does Moose Share Children’s Information?

Moose discloses information in the following circumstances:

1) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (2) at the request of governmental authorities conducting an investigation; (3) to protect and/or defend the Website’s Terms of Use; or (4) to protect the personal safety or rights of any individual.  We may also use IP address or other device identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion.  Such disclosures may be carried out without notice to you.

In the event Moose goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred. Any acquirer of Children’s Personal Information held by Moose will continue to abide by this Children’s Privacy Policy.

Third Party Service Providers

To help Moose understand the use of our service and improve it we work with a number of third parties. These third parties do not share our user data.

Mighty Kingdom Shopkins apps

Mighty Kingdom Shopkins apps use the following third party service providers, which enables advertising to be temporarily uploaded into the game and replaced whilst you play. The data collected for this purpose may include IP addresses or persistent identifiers, to allow the third party service provider to calculate the number of views, to cap ads and to serve ads in a format that fits your device.   None of the information collected or used by the third party service provider is used to personally identify you, or for behavioural advertising or to build a profile on your online practices. If you do not want to use these advertising serving technologies, do not play the Mighty Kingdom Shopkins apps whilst connected to the internet. Also, in certain areas of the apps, you may be able to turn off advertising from third party service providers via the settings screen. Please see below for the privacy policies of the third party service providers used.

The Fyber Grouphttps://www.fyber.com/legal/gdpr-faqs/

https://www.fyber.com/legal/privacy-policy/

AdColony, Inc.https://www.adcolony.com/gdpr/

https://www.adcolony.com/privacy-policy/

Chartboosthttps://answers.chartboost.com/en-us/articles/115001489623
Unity 3D/Unity Technologies ApShttps://unity3d.com/legal/gdpr

https://unity3d.com/legal/privacy-policy

Vungle, Inc.http://vungle.com/privacy/

https://vungle.com/gdpr-faq/

HyperMX Mobile LLChttps://www.hyprmx.com/pp.html

For more information on these third parties, please contact Moose: DPO@moosetoys.com

Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information.  However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Website and provide us with your information at your risk.

Changes to the Children’s Privacy Policy

Moose reserves the right to change this Children’s Privacy Policy at any time.  All changes will be posted on our website. Any changes will be effective immediately upon the posting of the revised Children’s Privacy Policy and updated date.  However, Moose will not use your Child’s Personal Information in a manner materially different than what was stated at the time it was collected without first obtaining a Parent’s consent. If we make a material changes , we will post a notice at the start of this policy. If we have your email address we will notify you of the change before it is made.

Contact Us

If you have a query or question about this policy, please contact our Data Protection Officer at DPO@moosetoys.com. Or by mail at: Data Protection Officer, 29 Grange Road, Cheltenham, Victoria, 3192, Australia.

Credit Privacy Policy

Last updated: 3 January 2020

Purpose

This Credit Privacy Policy explains how Moose deals with certain types of credit-related personal information (Credit Information) which is regulated by Australian privacy law. This Credit Privacy Policy details the types of Credit Information we collect, how we may use that information and who we allow to access it. “Moose” includes Moose Enterprise Pty Ltd, Moose Enterprise (INT) Pty Ltd, Moose Creative Pty Ltd, Moose Creative Management Pty Ltd, Moose Toys LLC, Moose Toys Ltd  and all of their subsidiaries and affiliated companies and are referred to in this policy as “we”, “our” or “us”.

Scope

This Credit Privacy Policy applies to current and former credit customers of Moose, as well as to other relevant individuals we deal with in connection with credit we provide, including guarantors and directors. In addition to this Credit Privacy Policy we will on occasion provide specific statements about how we use the Credit Information that we collect.

This Credit Privacy Policy applies in addition to the Moose Privacy Policy.  We recommend you read this Credit Privacy Policy in conjunction with the Moose Privacy Policy, which is available at moosetoys.com/privacy-policy.

Credit Reporting System

If an individual, or company of which an individual is a director, applies to us for credit terms (Credit Terms) in connection with the supply of goods under our trading terms and conditions (or an individual applies to us to provide a guarantee for Credit Terms) we may obtain a consumer credit report or commercial credit report about the individual from a credit reporting body to the extent the Australian privacy law permits us to do so.

We may also obtain a consumer credit report or commercial credit report about an individual from a credit reporting body to the extent the Australian privacy law permits us to do so, if an individual, or company of which an individual is director, has been provided with Credit Terms, or has provided a guarantee for Credit Terms.

When we request a credit report from a credit reporting body, we will provide information to the credit reporting body that identifies the individual and we may give information about the Credit Terms, including the type and amount of credit.

What Credit Information do we collect and hold?

If you apply for credit, we collect and hold information for the assessment of your credit which includes:

  • identification information, including current and prior names and addresses, any known alias, date of birth, gender,  current or last known employer and driver’s licence number;
  • information contained in credit reports obtained from credit reporting bodies, which includes information about consumer and commercial credit history with other credit providers;
  • credit eligibility information, for example, scores, ratings, summaries, evaluations and other information relating to an individual’s credit worthiness;
  • type of credit, amount of credit provided and terms of credit provided;
  • bank account details and other financial information;
  • personal insolvency information;
  • certain publicly available information; and
  • court proceeding information, such as information about a judgement against an individual that relates to any credit that has been provided to, or applied for, by the individual.

 

How do we collect and hold Credit Information?

We collect Credit Information about individuals as much as possible directly from them, for example:

  • when they contact us by phone, email or otherwise during the course of our relationship with them;
  • when they contact us about any of our products or services;
  • when they take part in promotional activities or events; or
  • when they make an application for credit or complete other forms.

We also collect Credit Information about individuals from third parties, including from:

  • consumer credit reporting bodies;
  • organisations who provide commercial credit reports;
  • trade references provided as part of a credit assessment;
  • other credit providers;
  • government authorities; and
  • publicly available sources.

An individual is not required to provide us with Credit Information if we request it from them, but this may affect our ability to provide them with the products, services or further information they have requested.

We, or our related entities or service providers on our behalf, may hold Credit Information about individuals in computer systems, electronic form, digital records, telephone recordings or in paper files.

 

What we do with Credit Information

We may collect, hold, use and disclose individuals’ Credit Information as reasonably necessary for our business purposes and as permitted by law.  Our purposes include:

  • assessing whether to provide an individual, or an associated entity, with credit
  • accepting an individual as a guarantor for credit applied for by another person;
  • deriving scores, ratings, summaries and evaluations relating to an individual’s credit worthiness (which are used in our decision-making processes and ongoing reviews);
  • managing credit we provide;
  • developing our products and  services and to maintain and develop our systems and infrastructure;
  • enabling us to participate in the credit reporting system and provide information to credit reporting bodies as permitted by the Australian privacy laws;
  • assigning debts and collecting overdue payments;
  • undertaking debt recovery and enforcement activities, including in relation to guarantors;
  • dealing with complaints and meet legal and regulatory requirements;
  • assisting other credit providers; or
  • otherwise in accordance with the consent and authorities provided in a credit application.

Some Credit Information may only be used or disclosed under Australian privacy laws for some of these purposes or in some circumstances. We may also use or disclose Credit Information for any other purposes disclosed at or around the time of collection. We may also collect or disclose Credit Information about individuals from or to any entity where that collection or disclosure is required or authorised by law.

We may also disclose an individual’s Credit Information on a confidential basis to related Moose entities within and outside Australia, our agents, contractors or third party service providers that provide financial, legal, administrative or other services required in connection with the operation of our business or if they consent to the disclosure.

 

Overseas disclosure

For the purposes explained in this policy, Credit Information may be disclosed overseas to our related entities (including service providers operating on their behalf) and other third parties.

We only disclose Credit Information to our related entities and service providers overseas when it is necessary for the services they provide to us.  The third parties to whom we disclose Credit Information will only use that credit information as necessary to provide their services to us.

Disclosure may take place in countries in which Moose has business operations including Hong Kong, UK and the United States of America. From time to time we may need to disclose an individual’s Credit Information to parties in countries other than these. This will be on an ad hoc or case by case basis and for the purposes for which the Credit Information was collected.

Security

We take reasonable steps to protect Credit Information from misuse, loss, unauthorised access, modification or disclosure. Credit Information is stored securely whether in an electronic or physical form.  For example, only staff needing access to the Credit Information are allowed access.  Credit Information is stored in secured premises or in electronic databases requiring logins and passwords.

Access and correction of Credit Information

An individual may request access at any time to Credit Information we hold about them.  We will process their request within a reasonable time.  There is no fee for requesting access to their information, however we may charge them the reasonable cost of processing their request.  An individual may ask us at any time to correct Credit Information held by us about them, which they believe is incorrect or out of date.

We try to ensure that all Credit Information we hold about an individual, which we collect, use or disclose is accurate, complete, up to date and relevant. If at any time an individual believes that the Credit Information we hold is incorrect, incomplete or inaccurate, the individual may request an amendment and we will amend the information, as we see fit.

Complaints

If an individual is concerned that we have not complied with our obligations that apply to dealing with Credit Information under Australian privacy laws, they may bring a complaint internally through our complaints process.

An individual may make a complaint through our internal complaints process by contacting us at the details set out below.  Complaints will be taken seriously and will be assessed by our Data Protection Officer and Legal Counsel with the aim of resolving any issue in a timely and efficient manner.  We will need the individual to cooperate with us during this process and provide us with relevant information we may require.

We expect our procedures will deal fairly and promptly with complaints.  However, if an individual is dissatisfied, they may make a formal complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au) being the regulator responsible for privacy in Australia).

If you are an EU citizen and would like to make a complaint about the way we process your personal data you can contact the relevant Data Protection Authority (DPA). Please contact us to find out more.

Contact

If you have any questions or concerns about our Credit Privacy Statement or practices, please contact our Data Protection Officer at DPO@moosetoys.com or by mail at: Data Protection Officer, 29 Grange Road, Cheltenham, Victoria, 3192, Australia.

 

 

Oh! My Gif Privacy Policy

Last updated: 1 May 2020

Purpose

Moose includes Moose Enterprise Pty Ltd, Moose Creative Pty Ltd, Moose Creative Management Pty Ltd, Moose Enterprise (INT) Pty Ltd, Moose Toys Pty Ltd, Moose Toys LLC and all of their subsidiaries and affiliated companies and are referred to in this policy as “we”, “our” or “us”., collects, stores, and uses your information as a data controller in connection with, and in order to provide and develop, Moose’s games, mobile applications, services and websites (together referred to as the “Services”) in accordance with this privacy policy (“Privacy Policy”).All of our Services, whether used on mobile devices, PCs or other platforms, are governed by this Privacy Policy. By using the Services, you hereby consent to this Privacy Policy.
This Privacy Policy is effective as of May 29, 20120 and was last modified on May 29 20, 2020.
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact at DPO@moosetoys.com.

1 – How we collect your information 

Moose collects some information from you when you: (a) create an account, (b) play our games or use game-related services, (c) make a purchase within our Services, (d) create user-generated content, (e) watch advertisements within our Services, (f) sign up for a newsletter, (g) contact Moose customer service and take part in technical-support sessions, (h) enter a contest or participate in a challenge held by Moose, (i) chat with other users of the Services, (j) signal interest in participating in a playtest, (k) share or contribute to our social-media channels and other community websites, or (l) apply to a job.

 

2 – Information we collect 

Moose collects only adequate and relevant information limited to the purposes defined hereunder.
a – Information you provide us

  • Contact information (such as your name and email address)
  • Your age
  • Your username and password
  • Profile information (such as a profile picture)
  • Information that you provide when seeking help from our customer service (such as chat logs and customer-support tickets)
  • Other information you provide us (such as information used to identify a lost account)

 

b – Information we collect automatically directly from you when you use our Services

  • Information about your game progress and activity
  • Information about your interactions with other players
  • IP address and device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
  • Information about your device (such as device name and operating system, browser information, including browser type and the language you prefer)
  • Information we collect using cookies and similar technologies
  • General geolocation information
  • Precise geolocation information (GPS)

 

c – Information we obtain from our partners

  • Information that we receive if you decide to connect to a third-party social network (such as Facebook or Game Center)
  • Information from billing partners (if you subscribe to some games or make an in-game purchase)
  • Information for advertising and analytics purposes, so we can provide you with better Services

 

3 – How we use your information

We primarily use the information to provide you with a better gaming experience, but we also use your information, both individually and combined, as follows:

To operate our business and to enhance your gaming experience, including to:

  • provide you with the Services that are suitable to your age and compliant with the applicable laws of your country of residence
  • provide gaming experiences that you may like and functionalities you have subscribed to
  • track your use of the Services to help us learn more about your gaming activities and understand your preferences and tendencies, so that we can personalize your experience, provide you with in-game offers and notifications that are tailored to you, and otherwise enhance your gaming experience
  • facilitate sharing on social networks
  • register your participation in a contest and contact you in case of prizes
  • offer you the opportunity to take part in playtesting (game tests)
  • protect against cheating, crime or fraud, or for other security reasons
  • identify and fix bugs and service errors
  • use it for administration, analytics, research, and optimization
  • compile statistics
  • comply with all regulatory and legal requirements, and answer any requests from Data Protection Authorities or any law-enforcement agency

To provide you with support, communicate with you and respond to any requests or questions you have submitted through our customer support.

To personalize our communication with you, including to: 

  • handle your subscription to, and opting-out of, our newsletters
  • contact you to promote our Services and contests we may offer
  • send you, with your prior consent, promotions or marketing materials (we will provide you with the opportunity to opt out of receiving such materials in the future)
  • provide you with advertising that better suits your interests and profile and is age-/gender-appropriate and targeted to your general location
  • serve and measure the effectiveness of advertising
  • collect any personal information you may disclose through messages you choose to send to another user or defined group of users through our message, chat, post or other in-game function, as well as to collect necessary personal information of the user(s) you are contacting, in order to facilitate the communication (Note: We will never collect any information sent outside of the functionality of our Services, including through emails or text messages)
  • personalize your content and offers
  • send you push notifications (if you choose to allow that function)—only for users 13 years old or older in the United States (16 or older in Europe)

For some purposes described above, Moose may use and perform analytics. Analytics information supports business analysis and operations, allows product development, improves products and Services, personalizes content, provides advertising, and makes recommendations.

Our legal basis for collecting and processing your personal information (for European users) is described above.
We will normally collect personal information from you only:

  • when we have your consent to do so
  • when we need the personal information to fulfill a contract with you and provide you with the Services, such as customer services, bug and service-error detection, and fraud prevention
  • when the processing is in our legitimate interests (when we serve and measure the effectiveness of advertising or marketing campaigns, analyze your gaming activities, protect and improve our products and services) and not overridden by your rights, or
  • when we have a legal obligation to collect personal information from you

 

4 – How we retain your information 

Moose retains, uses and stores your information as long as you are playing our games or using our Services, and also for the period necessary to fulfill all the purposes described in this Privacy Policy, in compliance with the applicable laws of your country of residence. We want to inform you that a longer retention period could be required to resolve disputes, or answer regulatory or police requests. In such cases, the collected information will be used and stored until the request is closed.

 

5 – How we share your information 

With Moose entities 

In order to operate the Services, your personal information may be transferred to other Moose studios or entities, subsidiaries, processors or third parties located worldwide as described below (please refer to “International operations and transfers of your information”).

With third parties 

We use third-party services that have limited access to your information for specific purposes, such as administration, analytics, optimization, advertising, prize delivery, marketing assistance, customer service, and data analysis. They assist us with our operations.
Such third parties are authorized to use your information for these purposes only.
If you decide, while using our Services, to use social sharing features such as “Share” or “Like” on Facebook or other third-party social network sites, this may allow the sharing and collection of personal and non-personal information both to and from such third-party social networks.
You should visit the policies of such third parties for more information about their information-collection practices.

With authorities 

We reserve the right to report to law enforcement agencies activities that we, in good faith, believe to be illegal. We will investigate or take action to counter illegal activity, suspected abuse or unauthorized use of the Services, or to protect the property or safety of others. We also may disclose your information if required by any law or court order worldwide, if the information relates to actual or threatened harmful conduct.
In that case, we will consider applicable local laws, the nature of the order, as well as the legitimacy and proportionality of your information.

In case of sale of our company

In connection with any sale of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets. In the event of any such sale or disposition of any or all of our business, your information may be transferred to the acquirer.

 

6 – International operations and transfers of your information

As part of our international operations, we may transfer personal information to our affiliates (which means subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership of Moose) from time to time for our legitimate business purposes.
We have taken measures to ensure that your personal information is treated securely and lawfully, and that it receives an adequate level of protection in the jurisdictions in which we process it. If you are located in the European Economic Area (“EEA”) or Switzerland, we provide adequate protection for the transfer of personal information to countries outside of the EEA or Switzerland based on the standard contractual clauses authorized by the European Commission or other appropriate safeguards defined in Article 46, General Data Protection Regulation (GDPR) (EU) 2016/679.

 

7 – Security and confidentiality of your personal information 

We have implemented security measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the personal information collected through the Services.
We take, and force applicable third parties to take, reasonable precautions to protect your personal information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use of, or access to, your information that is under our control.
When we use third parties to assist us in processing your personal information or credit card information, we take reasonable steps to require that they comply with this Privacy Policy and otherwise protect your personal information (including any credit card information).

If there is a breach of security involving your personal information, including credit card information, from our Services, we will inform you immediately according to your local regulations relating to the notification of information Breaches, and take commercially reasonable steps to rectify such breach.

If you believe your personal information is being improperly used by us or any third party, please immediately notify us via email at DPO@moosetoys.com.

 

8 – Children 

We encourage parents to instruct their children about privacy and the way they use their information on the Internet. Children should never disclose their name, address or phone number, or any personal information, without their parents’ prior permission.
We consider a user to be a child if they are under the age of 13, unless more stringent regulation applies[1] in their country of residence. In EU countries, users under the age of 16 are considered children, unless the data protection regulation of their country of residence specifies another age.

If we consider that any of our Services are directed at users under the minimum legal age required in their country of residence, we can block such users from using the Services or from providing information and/or limit the collection of information from such users as more particularly described below.
No personal information should be submitted to Moose by users under the minimum legal age required in their country of residence.
We apply the following limitations to personal information collection for a user that is not of the minimum legal age required in their country of residence.

Such a user cannot:

  • display his/her real name or any information in the games
  • access the chat, leaderboard, forums, SNS (Facebook, Game Center, etc.)
  • subscribe to newsletters
  • use any other feature where users could appear under their real names

With respect to such a user, we will prevent the collection and use of his/her precise geolocation data and display to him/her contextual advertising only (excluding any behavioral advertising).
Children can be invited to take part in testing our games (playtests) with their parents’ authorization and/or their parents’ physical presence being required depending on the country where the playtest is conducted.
Parents must exercise their privacy rights for their children. Please refer to the “Your rights” section of this Privacy Policy.

 

 

9 – Your rights

We ask that you keep the information that you provide to us updated. You can correct any information you have provided to us by contacting at DPO@moosetoys.com.

You represent and warrant that all information you provide to us is true and correct, and relates to you and not to any other person.

You can exercise your rights at any time and ask Moose for access to, or rectification or erasure of, your information. According to your local regulations, if you are a European user, you can also request limitations to the processing of your personal information, object to the processing of your information, or exercise your right to data portability.
Please note that other third parties (our data partners) may be controllers of your information. You can obtain more details and opt out of the sharing of your personal information to third parties for any purpose by contacting us via DPO@moosetoys.com.

If you have previously consented to any direct marketing communication from us or subscribed to our newsletters, you can unsubscribe by clicking on a link available in each communication and newsletter we send you.

If you want to decline to permit cookies or other tracking technologies, please contact us at DPO@moosetoys.com.

Please note that game functionality, Services and features can be affected by your actions. Some of your information and its processing is mandatory for Moose to provide the Services.
Your actions can oblige Moose to stop providing the Services. When the conditions below apply, your game will be reset:

  • If you ask for the modification of this mandatory information, we may not be able to continue to link the game or game Services to you.
  • If you request limitations to processing that are mandatory for Moose, or you object to such processing (in which case, we may not be able to provide you with the game or game Services).
  • If you withdraw your consent or ask for the deletion of your information.

If you withdraw your consent or ask for the deletion of your information, we will not use or process your information anymore but we will store it to answer regulatory or police requests. We also reserve the right to retain an archive of such information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such information.

Please specify your request via DPO@moosetoys.com.

If you are a parent of a child who is under 13 years of age (or under another age specified by applicable regulations) and believe your child has provided us with information, please contact us via DPO@moosetoys.com and we will delete the information from our system.

To preserve the confidentiality of your information, we must be sure to correctly identify you. For this reason, please provide us with a copy of an official document that can prove your identity. This copy will be safely destroyed within two months of your request being received and closed.
Our team will look into your request and will answer you within one month, unless your request requires further investigation. You’ll be specifically informed if that is the case.
We remind European users that they have a right to lodge a complaint with a European Data Protection Supervisor.

 

10 – Third-party services

The Services may link to external sites that are beyond our control. This Privacy Policy only covers the way we treat personal information and non-personal information we collect on the Services. By accessing any external sites, you agree to the privacy policies of those sites. Please understand that external sites may have different policies with respect to the collection, use and disclosure of your personal information. We have no control over, and are not responsible for, the privacy practices of such third parties.
Therefore, you are encouraged to review the privacy policies of all third parties’ services. Without limiting anything in the following section, we are not liable in any way for the actions, inactions or policies of any external services.

 

11 – Changes to our Privacy Policy

We reserve the right to change this Privacy Policy at any time. In the event that we make material changes to this Privacy Policy, they will be re-posted in the “Privacy” section of our websites and apps with the date the modifications were made indicated at the top of the page. Therefore, please review this Privacy Policy from time to time so that you are aware when any changes are made to it. Your continued use of the Services after such change(s) constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Services or opt out by sending us appropriate notice. If you would like further information about any recent changes made, please send your request to DPO@moosetoys.com.and include “Information about Changes” in the subject line.

 

12 – Legal disclaimer

Our Services operate AS IS, and we do not represent or warrant that our Services will be available at all times, or that your use of the Services will be uninterrupted or error-free. We are not responsible for your ability to access the Services or for matters beyond our control. This Privacy Policy is governed by the laws of your country of residence. Any dispute arising from the use of the Services shall be submitted to the competent courts of your country of residence.

 

13 – How to contact us 

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us:

1-    by sending an email to DPO@moosetoys.com.
2-    by writing to: Data Protection Officer, 29 Grange Road, Cheltenham, Victoria, 3192, Australia.

TERMS OF USE: GENERAL

How to get help or support: To get help, email us at customerservice@moosetoys.com

These Terms of Use (“Agreement”) include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our OH! My GIF Privacy Policy , which explains how we collect and use your content and information. Please read the Privacy Policy.

Your access and use of the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Services with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable Service.

We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.

 

  1. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

When you access the Apps for the first time, you may be asked to indicate your age. Please consider we need it to tailor your experience in-game. We may therefore apply some age restrictions to our Apps and you agree and acknowledge that some of our Apps require you to be thirteen (13) years of age and above.

In order to benefit from some features of the Services, you may be required to register an account (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy.

You may never use another’s Account without permission. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration, and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Moose Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

 

  1. PURCHASES / PAYMENTS / REFUNDS

We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on specified pages of the Site, within the Apps, or otherwise as indicated through the Services. In the event of any fee changes by Moose, Moose will provide you with commercially reasonable notice of such charge.

The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

When you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. If you order a subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for Service, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

Apps, Additional Features and Virtual Items can be downloaded in connection with the Services for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact us at at customerservice@moosetoys.com. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP. SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. IN ADDITION, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.

 

III. VIRTUAL ITEMS

Certain Services may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits (“Virtual Items”). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.

The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void,and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.

 

  1. ONLINE CONDUCT

You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  3. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;
  4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  5. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;
  6. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
  7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  8. attempting to impersonate another user or person;
  9. soliciting personal information from anyone under 18;
  10. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
  11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
  12. using any information obtained from the Services in order to harass, abuse, or harm another person;
  13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
  14. using the Services in a manner inconsistent with any and all applicable laws and regulations;
  15. sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of your account or any Virtual Items associated with your account to anyone;
  16. access or use of a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator;.
  17. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or “farm” Virtual Items;
  18. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for “real-world” money.

You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

 

  1. CONTENT

 

  1. Proprietary Rights

With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Moose., our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.

As referenced above, even though you may buy Virtual Items with “real-world” money, you do not, in fact, “own” such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual “real-world” currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.

 

  1. Distribution/Uploading of Content

You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Moose. and our officers, directors, employees and agents; or (iv) to protect the Moose Providers and any other user.

 

  1. Advertising

By using our Site/Apps, you may be offered advertising content. As such, you warrant that you agree with our Privacy Policy in relation to advertising.

Moose is not responsible for the third-party products or services displayed therein.

 

  1. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

 

  1. Third-Party Content & User Content

You acknowledge that Moose. is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Moose. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether User Content and other third-party content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Moose.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

 

  1. Unsolicited Submissions

We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the property of Moose. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Moose, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

 

  1. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: DPO@moosetoys.com.

To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

VII. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.

 

VIII. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

 

  1. LINKS

The Services may contain links to websites operated by third parties, including through in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

We reserve the right to disable links from or to third-party sites.

 

  1. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.

In addition, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to, or in any way be responsible for, your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

 

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY MOOSE PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF MOOSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY MOOSE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MOOSE’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.

NEITHER WE NOR ANY MOOSE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH MOOSE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MOOSE. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID MOOSE INC. IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

 

XII. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.

 

XIII. APPLICABLE LAW; JURISDICTION

This Agreement is governed by Australian law.  Moose in its sole discretion may commence legal action relating to this Agreement in either Australia or another Territory. Any legal action commenced by the You shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

 

XIV. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted in accordance with the Institute of Arbitrators and Mediators Australia Rules (the “IAMA Rules”), as modified by this Agreement.

 

  1. INDEMNITY

You agree to indemnify and hold Moose, the Moose Providers, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

 

XVI. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

XVII. OTHER

This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

XVIII. SUPPORT

Subject to the other provisions of this Agreement, Moose will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at customerservice@moosetoys.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

 

XIX. THIRD-PARTY MARKETPLACES

These Terms of Use are between you and Moose only, not with Apple, Facebook or any other third party through which you may have purchased any of the Apps (“Marketplaces”). The Marketplaces are not responsible for the App you purchased or our Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Apps. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Apps infringe upon a third party’s intellectual property rights.

 

  1. MODIFICATION

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time without notice.

Please contact us at customerservice@moosetoys.com for any questions regarding customer relations and any issues arising from your in-game activity.

 

EULA

IMPORTANT – READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”).

 

AGREEMENT

This document is an agreement between you and Moose and its affiliated companies (“Company”). The software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.

By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA: (i) do not use or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.

When you install the Software, you will be asked to review and either accept or not accept the terms of the EULA by clicking the “I Accept” button. By clicking the “I Accept” button, you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.

 

COPYRIGHT

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.

 

GRANT OF LICENSE

The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your mobile phone. The Company reserves all rights not expressly granted to you in this EULA.

 

PERMITTED USES

  1. If the Software is configured for loading on a hard drive, you may install the Software on a single computer in order to install it and use it on your mobile phone.
    2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.
    3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this EULA.

 

RESTRICTIONS

  1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
    2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
    3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
    4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
    5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.

 

TRIAL VERSIONS

If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.

 

EDITOR AND END-USER VARIATIONS

If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may use this Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively, the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the full registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.

 

TERMINATION

This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.

 

LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES

You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

 

CHOICE OF LAW AND VENUE

This Agreement is governed by Australian law.  Moose in its sole discretion may commence legal action relating to this Agreement in either Australia or another Territory. Any legal action commenced by the Licensee shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

 

MISCELLANEOUS

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.

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