Last Update: March 04, 2021
(iii) All apps published by Mirable Inc., whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms (collectively “Apps”), unless otherwise indicated in the app;
(v) All email newsletters published or distributed by Mirable Inc.; and
(vi) All other interactive features, services, and communications provided by Mirable Inc.
2. THIS IS AN AGREEMENT BETWEEN YOU AND MIRABLE INC. By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms and any code of conduct that we may put forth from time to time. Where you are permitting a minor to use the Service, you are also agreeing that the minor will adhere to the Terms. Mirable Inc.’s Privacy Notice as may be amended from time to time without prior notice (www.virtualeaster.ca/terms-and-policy) (the “Privacy Notice”), explains Mirable Inc.’s policy regarding the collection, use, transmission and disclosure of your personal information as provided by or collected from, you. By agreeing to be bound by these Terms, you are also representing and warranting that you have read and understood our collection, use, transmission and disclosure of your personal information or data as described in the Privacy Notice. You should review the Privacy Notice before using the Service.
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time without prior notice. Your continued use of the Service means that you have accepted and agreed to those modifications.
3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted and with the exception of paid advertising or branding in the App, all content of any nature on the Service including, without limitation, articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Mirable Inc. or its affiliates and is protected by Canadian and international copyrights, trademarks and other intellectual property laws. Subject to any limitations under applicable law, you acknowledge and accept that you have no proprietary or other rights in and to any content on the Service, including but not limited to content that you may have created or developed.
All communications, solicited feedback, and other materials submitted by a user to the Service in any format whatsoever are non-confidential and non-proprietary. You waive your rights in and to any material submitted by you to the Service including, subject to any limitations under applicable law, your right to claim that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised or developed, and you represent that you have all necessary rights in the material so submitted. You acknowledge that you will not receive from us any consideration or compensation of any nature or in any form, for any materials or information submitted by you in any manner.
Opinions, advice and all other information expressed by any third parties on the Service represent their own views and not those of Mirable Inc. We neither endorse nor suggest that you rely on such opinions, advice or other information, and you hereby indemnify and hold harmless each of Mirable Inc., its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates for from any loss, injury, claim, liability or damage of any kind including, without limitation, any direct, indirect, special, incidental, punitive or consequential damages (including attorney’s fees and business interruption losses) (collectively “Claims and Consequences”) resulting from any decisions made based on such information, the whole in accordance with Section 10 below.
4. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, non-commercial, home use. You may not:
(i) Change or remove any copyright and other proprietary notices from content on the Service;
(ii) Modify, or create derivative works based on, the content on the Service;
(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.
(iv) Use the content of the Service in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among users, (c) that disparages or discredits Mirable Inc. or its apps or services, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
(v) Download content to a database for any reason;
(vi) Decompose, disassemble, reverse engineer or copy any part of any Service;
(vii) Develop functionally similar products or services to any Service;
(viii) Use any Service for the benefit of any third party or transfer access to the Services to any third party whether by sharing log-in information or otherwise;
(ix) Use the Service or content for commercial purposes, including, but not limited to: (a) selling access to all or part of the Service; or (b) placing advertising, sponsorships, or promotions on or within the Service or content;
(x) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
(xi) Infiltrate any system used to operate the Service;
(xii) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or in any system used to operate the Service; or
(xiii) Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.
Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any account, login ID and password you use in connection with the Service. You agree that Mirable Inc. will not be responsible for, and hold Mirable Inc. harmless from, any Claims or Consequences arising out of any unauthorized use of Mirable Inc.’s apps and services by you or by others who had access to the Services as a result of or arising from, your non-compliance (whether by act or omission) with the provisions hereof, the whole in accordance with Section 10 below.
Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service.
5. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Service that could: (i) interfere with anyone else’s use of the Service; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate the intellectual property rights of a third party; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or of the communication.
Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility for any Claims or Consequences arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violative of our policies in any way. We will cooperate with applicable law enforcement authorities or with court orders requesting or directing us to disclose the identity of anyone posting such materials.
Parents are fully responsible for supervising the use of the Services by their minor children.
6. CONTESTS; SWEEPSTAKES. This Service may refer to contests, sweepstakes or similar events that offer prizes or which require you to provide personal material or information. Each such contest, sweepstake or other such event has its own rules, all of which must be read and agree to by you prior to entry or registration for the relevant contest, sweepstake or other event.
7. THIRD-PARTY PRODUCTS AND SERVICES. The Service may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party. We are not responsible for maintaining any materials from another site, and make no warranties for that site or for this Service in such context. To the extent that certain features in the Service require you to register information to a third party account, we are not responsible for any failure of such third-party hardware, software, or services, including any damage to game data or game points, etc. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.
8. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us for any Claims and Consequences as a result, even if our actions in this regard cause you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Service.
9. DISCLAIMER. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH ITS USE, AND THAT NEITHER MIRABLE INC. NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY CLAIMS OR CONSEQUENCES RELATED TO YOUR USE OF THIS SERVICE.
SUBJECT ONLY TO APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MIRABLE INC.’S NEGLIGENCE, WILL MIRABLE INC. OR ANY OF ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CLAIMS OR CONSEQUENCES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN, THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF MIRABLE INC., AN AFFILIATE OF MIRABLE INC. OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS MIRABLE INC. FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, IN NO EVENT WILL THE TOTAL LIABILITY OF MIRABLE INC. AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL CLAIMS AND CONSEQUENCES (WHETHER IN CONTRACT OR IN TORT) EXCEED $100.00.
YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your PTC Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.
10. INDEMNIFICATION. You are solely responsible for your use of the Service and for your personal safety and that of others when using the Services. Accordingly, by using the Services, you assume all risks and dangers and responsibility for, and agree to indemnify, defend, and hold Mirable Inc. and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Mirable Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Mirable Inc.
12. SITE SECURITY. There is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Services is at your own risk.
13. SURVIVAL. Each term and provision of these Terms that would by its very nature or terms survive any termination or expiration of your use of the Services shall survive any termination or expiration of such use, regardless of the cause thereof.
1. What does this Privacy Notice cover?
Our Privacy Notice applies to the collection and processing of personal information by Mirable Inc. and our subsidiaries and affiliated companies acting on our behalf (collectively “Mirable Inc.” or “we”, “us”, or “our”). This Privacy Notice applies only to personal information collected about you through apps and services of Mirable Inc. and its respective websites (for example, virtualeaster.ca and virtualsantaexperience.ca), as well as apps, features, services, events, and communications provided by Mirable Inc. where this Privacy Notice is posted (“Services”).
Our international affiliates and third-party websites or apps that our Services link to, or with whom we may have a presence, or with whom we may license use of our trademarks and copyrights, may collect and use your personal information for their own purposes. Where they do so, their respective privacy notices apply. Please review the respective terms and privacy notices of these entities to learn how they process your personal information.
2. What personal information is collected about you?
We don’t require personal information to use many of our Services. If you choose not to disclose personal information, however, you will may not be able to enjoy certain features of our Services and especially related to our third-party collaborations.
Information you provide to us
The types of personal information we collect directly from you include, for example:
• Contact information: such as your first and last name, email address, telephone number, postal address
• Content and files: data and content you share or upload, such as photos (including any metadata included in your photos and content).
• Payment information: for example, credit card numbers or financial account information if you purchase a product or service from
• Demographic information: information about you tied to your personal information, such as your age and/or date of birth, gender, country/region of residence, hobbies, and toy and game preferences.
Information we collect automatically
We automatically collect certain information when you use our Services. For example:
• Identifiers and device information: such as your device type, operating system type, browser type, device ID, Internet Protocol (IP) address, and other software including type, version, language, settings, and configuration. Our website and online services may store and retrieve data using cookies set on your device
• Usage data: such as what website you were on that brought you to our website, when you used our Services and for how long, what pages and content you accessed, and features you used on our Services.
• Geolocation data: with your consent, the Services may access precise geolocation data on your mobile device to enable features and deliver content based on your current location.
Information we create or generate
We derive other information from the other data we collect about you, and we may combine this with other personal information to generate information about your likely preferences or other characteristics. For example, we infer your general location from your IP address.
Information we obtain from third-party sources
In limited circumstances, we also obtain information from third parties. We protect information obtained from third parties according to the practices described in this statement, plus any additional restrictions imposed by the source of the information. These third-party sources include, for example:
• Mobile Platforms: when you if you have to purchase our apps, we receive information from the app stores and other mobile platform providers about you that is limited to username or screen name and/or device ID and the fact a purchase was made, but no other sensitive or financial information, unless you authorize the mobile platform providers to provide us additional information;
• Service Providers: third parties may collect any of the categories of personal information described above to provide services on our behalf, including to help us determine your device’s general location based on its IP address to customize certain products to your location, provide you a more convenient experience, and provide additional security measures to protect our Services; and
• Social Networks: where the information, including your name, screen name, and content you post, is publicly available to us, we may use such data for purposes such as measuring public reaction to the Services and to Mirable Inc.
Cookies and Tracking
Our websites use a variety of technical methods for collecting and tracking device information and usage data, including web beacons, cookies, local storage, and device IDs.
3. How is your personal information used?
We use your personal information to the extent reasonably necessary to fulfill your requests in performing our contract with you, or based on consent where we have requested it or where required by law, and for our legitimate business objectives, including for the following business purposes. We assume that in providing your personal information to us, you have consented to our reasonable collection and use, and handling of same:
• Business Operations: to provide you with and operate, maintain, optimize, and improve our products, services, operations, and the security of our Services, including to perform operational tasks such as billing, accounting, communicating, and fulfilling your transactions for products and services.
• Product and Service Delivery: to personalize content and experiences on our Services, including providing you recommendations based on your preferences;
• Marketing: to deliver and personalize your notifications, communications, newsletters, advertisements, offers, event notices, and promotions for products and services of Mirable Inc. and our third-party partners;
• Product Improvement, Development, and Research: to develop information to understand you based on demographics, your activity on our Services, responses to surveys, or activity on third-party websites and applications, including for purposes of troubleshooting and improving our Services; to conduct market research and perform statistical, demographic, and marketing analyses of users of our Services and their purchasing patterns;
• Communications: to send and display administrative communications about Mirable Inc. and our partners and our respective products and services;
• Security of Services: to detect, investigate, and prevent activities that are unauthorized, may violate our terms and policies, or may be illegal, such as fraudulent activity or security violations; and
• Customer Support: to provide customer support and respond to your questions submitted to us.
With the exception of payment information, which is used solely for accounting, billing, order fulfillment, and fraud prevention purposes, all of the categories of information described in Section 2 are used for each of the purposes described above.
For the purposes listed above, we may also link or combine information about you with other personal information we receive from third parties. We also use personal information in settings and for the purposes described below.
We may store and process personal information in countries or regions that may not have the same types of data protection laws as those in your country.
4. How is your personal information shared?
We do not share your personal information with third parties other than as follows:
• With your consent; for example, when you agree to our sharing your information with other third parties for their own purposes, subject to their separate privacy policies.
• With third-party vendors, consultants, and other service providers who work for us and need to access your personal information to do that work, including for business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support).
• If you’ve selected options available through our Services to publicly display your name and/or screen name and your other information.
• If appropriate to (a) comply with laws or to respond to lawful requests and legal processes, including, for example, to comply with a court order or subpoena; (b) protect the rights and property of Mirable Inc. , our agents, our customers, and others, including to enforce our terms, policies, rules, and agreements; (c) protect the safety and security of any person; and/or (d) protect the safety and security of Mirable Inc.’s and our partners’ Services, websites, and applications.
• In connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets for use in accordance with applicable law.
5. How long do we keep your personal information?
Mirable Inc. keeps your personal information for as long as appropriate to maintain your accounts, to provide Services, to fulfill your requests, for legal compliance and enforcement purposes, and for resolving disputes. Actual retention periods depend on a variety of factors, such as the type of product, the type and sensitivity of the data, business needs, customer expectations and needs, the types of available user controls, and the form in which the data is stored.
6. What steps do we take to safeguard your personal information?
We implement technical, organizational, administrative, and physical security measures designed to protect your personal information from unauthorized access and improper use. However, please understand that despite our best efforts, no security measure is perfect or impenetrable.
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