Terms of Service / User Agreement

Last Updated: August 19, 2022

Welcome to Mutt Ninja, LLC’s website. This Agreement governs your access and use of software products, such as game software, offered by Mutt Ninja, LLC (“Mutt Ninja or Mutt Ninja Services”) as well as online and mobile services, features, content and websites offered by Mutt Ninja and/or live events hosted by or in connection with Mutt Ninja. This Agreement is between you and the Mutt Ninja entity property called Photo Tree

BY USING MUTT NINJA’s SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE MUTT NINJA SERVICES.

TABLE OF CONTENTS

User Account
License
Content and Entitlements
Availability of Mutt Ninja Services and Updates
Your User-Generated Content
Rules of Conduct
Anti-Cheat Technologies
Termination and Other Sanctions
Use of Data
General Terms
Changes to this Agreement

1. User Account

You need an Account to access and use many Mutt Ninja Services, including to use Photo Tree.

To create an Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Photo Tree Service for which you are registering and must be resident of a country where use of Mutt Ninja Applications is permitted.

You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create a Mutt Ninja Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Mutt Ninja Services. Mutt Ninja recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

You are responsible for the activity on your Mutt Ninja Account. Your Mutt Ninja Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.

You may cancel your Mutt Ninja Account at any time.

2. License

The Mutt Ninja Services are licensed to you, not sold and you do not have any rights to this software, except as a licensee. Mutt Ninja grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Mutt Ninja Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Mutt Ninja Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Mutt Ninja or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Mutt Ninja, unless expressly authorized by Mutt Ninja or permitted by law. Mutt Ninja or its licensors own and reserve all other rights, including all right, title and interest in the Mutt Ninja Services and associated intellectual property rights.

3. Content and Entitlements

The Mutt Ninja Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Mutt Ninja Services, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”). UGC includes Mutt Ninja Account personas, forum posts, profile content and other Content contributed by users to Mutt Ninja Services. All Content is either owned by Mutt Ninja or its licensors, or is licensed to Mutt Ninja and its licensors pursuant to Section 5 below.

Entitlements are rights that Mutt Ninja licenses to you to access or use the online or off-line elements of Mutt Ninja Services. Examples of Entitlements include access to digital or unlockable Content additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; virtual points, coins, or currencies.

We refer to these virtual points, coins or currencies as “Mutt Ninja Virtual Currency”. When you obtain Mutt Ninja Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Mutt Ninja expressly makes available to you.

Mutt Ninja Virtual Currency has no monetary value and has no value outside of our products and services. Mutt Ninja Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Mutt Ninja Service. Mutt Ninja Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Mutt Ninja Virtual Currency. Once you redeem Mutt Ninja Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable.

You will provide at your own expense the equipment, Internet connection and charges required to access and use Mutt Ninja Services.

4. Availability of Mutt Ninja Services and Updates

We do not guarantee that any Mutt Ninja Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Mutt Ninja Service, Content or Entitlements for any particular length of time. Mutt Ninja does not guarantee that Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

From time to time, Mutt Ninja may update, change or modify a Mutt Ninja Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use Mutt Ninja Services.

Mutt Ninja may need to update, or reset certain parameters to balance usage of Mutt Ninja Services like Photo Tree. These updates or “resets” may cause you setbacks within the mobile application and may affect other Entitlements under your control.

5. Your User-Generated Content

You are responsible for your User-Generated Content (UGC). You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity.

Mutt Ninja may, in its sole discretion, remove, edit or disable UGC for any reason, including if Mutt Ninja reasonably determines that UGC violates this Agreement. Mutt Ninja does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Mutt Ninja does not pre-screen all UGC and does not endorse or approve any UGC available on Mutt Ninja Services.

When you contribute UGC, you grant to Mutt Ninja, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on an Mutt Ninja Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Mutt Ninja Service without further notice, attribution or compensation to you.

6. Rules of Conduct

When you access or use a Mutt Ninja Service, you agree that you will not:

Violate any law, rule or regulation of any jurisdiction in the United States or any other country.
Interfere with or disrupt any Mutt Ninja Service or any server or network used to support or provide a Mutt Ninja Service, including any hacking or cracking into an Mutt Ninja Service.
Use any software or program that damages, interferes with or disrupts a Mutt Ninja Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Interfere with or disrupt another player’s use of a Mutt Ninja Service. This includes disrupting the normal flow of game play, chat or dialogue within an Mutt Ninja Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
Harass, threaten, bully, embarrass, spam or do anything else to another person on the application that is unwanted by the other person, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated by Mutt Ninja.
Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to freely distribute.
Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Mutt Ninja (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
Impersonate another person or falsely imply that you are a Mutt Ninja employee or representative.
Improperly use in-app support or complaint buttons or make false reports to Mutt Ninja staff.
Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Mutt Ninja Services.
Use any robot, spider or other automated device or process to access this application for any purpose or copy any material on this website.
Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
Modify any file or any other part of the Mutt Ninja Service that Mutt Ninja does not specifically authorize you to modify.
Use exploits, cheats, undocumented features, design errors or problems in a Mutt Ninja Service.
Use or distribute counterfeit software or Mutt Ninja Content, including Mutt Ninja Virtual Currency.
Attempt to use a Mutt Ninja Service on or through any service that is not controlled or authorized by Mutt Ninja.
Sell, buy, trade or otherwise transfer or offer to transfer your Mutt Ninja Account, any personal access to Mutt Ninja Services, or any Mutt Ninja Content associated with your Mutt Ninja Account, including Mutt Ninja Virtual Currency and other Entitlements, either within a Mutt Ninja Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by Mutt Ninja.
Use a Mutt Ninja Service in a country in which Mutt Ninja is prohibited from offering such services under applicable export control laws.
If a Mutt Ninja Service requires you to create a “user name” or a “persona” to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that Mutt Ninja determines is vulgar or offensive or violates someone else’s rights.
Engage in any other activity that significantly disturbs the peaceful, fair and respectful application environment of a Mutt Ninja Service.
Use information about users publicly available in any Mutt Ninja Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
Promote, encourage or take part in any prohibited activity described above.

If you or someone using your Mutt Ninja Account violates these rules and fails to remedy this violation after a warning, Mutt Ninja may take action against you, including revoking access to certain or all Mutt Ninja Services, Content or Entitlements, or terminating your Mutt Ninja Account as described in Section 8. In case of severe violations, Mutt Ninja may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling accounts or entitlements (including virtual currencies and items) without Mutt Ninja’s permission, extreme harassment, or threatening illegal activities. When practical, Mutt Ninja will notify you of the action it will take in response to violations of these rules or breach of this Agreement.

Specific Mutt Ninja Services may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to Mutt Ninja using the “Help” or “Report Abuse” functions in the relevant Mutt Ninja Service, if available, or contact Customer Support at https://mutt.ninja.

Mutt Ninja may, in its discretion, monitor or record online activity or Content on Mutt Ninja Services and may remove any Content from any Mutt Ninja Service at its discretion. Remember that your communications and your UGC in a Mutt Ninja Service are public and will be seen by others.

Your use of Mutt Ninja Services is subject to Mutt Ninja’s Privacy Policy at https://mutt.ninja which is incorporated by reference into this Agreement.

7.) Anti-Cheat Technologies.

Mutt Ninja may use its own anti-cheat technologies. When you connect online to a game server, these technologies will activate and monitor your game play.

If any of these anti-cheat technologies detects cheating, we may collect relevant information, including your account name, details about an Unauthorized Third Party Program and the Mutt Ninja Product files modification detected, and the time and date it was detected. We also may terminate your License and your Mutt Ninja Account if we determine you have been cheating.

When you disconnect from the game server, these anti-cheat technologies will be deactivated.

8. Termination and Other Sanctions

This Agreement is effective until terminated by you or Mutt Ninja. Mutt Ninja may terminate your access and use of any Mutt Ninja Services or Account if Mutt Ninja determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Mutt Ninja Services associated with your Mutt Ninja Account. When practical, Mutt Ninja will notify you of the termination. You may lose your user name and persona as a result of a Mutt Ninja Account termination. If you have more than one Mutt Ninja Account, depending on the type of violation or misuse, Mutt Ninja may terminate all of your Mutt Ninja Accounts and all related Entitlements. If your Mutt Ninja Account is terminated, you will not have access to your Mutt Ninja Account or Entitlements and may be barred from accessing or using any Mutt Ninja Service again. Upon termination, your license under this Agreement also shall terminate.

Instead of termination and prior to any termination, Mutt Ninja may issue you a warning, suspend or alter your access to a particular Mutt Ninja Service or your Mutt Ninja Account, remove or revoke Entitlements at a Mutt Ninja Account or device level, remove or delete any content which is in violation with this Agreement, or ban your device or machine from accessing specific Mutt Ninja Services. If Mutt Ninja takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.

Mutt Ninja may terminate any Mutt Ninja Service at any time by giving at least thirty days’ notice either via email (if available), within the affected Mutt Ninja Service, or on the service updates page of Mutt Ninja’s website. After online service termination, no software updates will be applied to our games and we can’t guarantee our mobile games will continue be available for download or use via iTunes or Google Play Store (or other applicable cloud services).

If you believe that any action has been taken against your Account or device in error, please contact Customer Support at https://mutt.ninja
Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement.

9. Use of Data

When you use a Mutt Ninja Service, Mutt Ninja may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Mutt Ninja Service usage, gameplay and usage statistics, system interactions and peripheral hardware (for example, to protect your game stats, Mutt Ninja may place a randomly generated identification number in the keychain storage of your device. That identifier will be removed when you reset your device). If you play a Mutt Ninja Service offline, this data will be stored on your device and transmitted to Mutt Ninja when your device connects to the Internet. Mutt Ninja uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Mutt Ninja also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.

Your data is collected, used, stored and transmitted by Mutt Ninja LLC in the United States, in accordance with Mutt Ninja’s Privacy Policy at https://mutt.ninja

10. General Terms

Entire Agreement

This Agreement, together with any other Mutt Ninja terms that govern your use of Mutt Ninja Services, constitutes the entire agreement between you and Mutt Ninja. The Agreement may not be amended or modified unless made in writing and signed by Mutt Ninja. The failure of Mutt Ninja to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.

11. Changes to this Agreement

Mutt Ninja may modify this Agreement from time to time, so please review it frequently. For Mutt Ninja players who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting at https://mutt.ninja. Your continued use of Mutt Ninja Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the Mutt Ninja Service provided.

Previous Terms of Service/User Agreement:
August 19, 2022

LAST UPDATED: August 19, 2022