Clipstories Terms and conditions
These Terms set out how you may use our website http://clipstories.com, and any games, in-game purchases, forums and services we offer (collectively referred to in these Terms as our “Services”). Please read these Terms carefully to make sure you understand them.
These Terms are a legal agreement between you and us
These Terms form a legal agreement between you and us. They explain what terms you must comply with whenever you use our Services. By agreeing to these Terms, or using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.
You must follow our Rules whenever you use our Services
As a condition of using our Services you agree to comply at all times with the following rules (our “Rules”).
You agree that you will not do any act, or share, distribute, make available, or transmit any data, message, or file that:
is sexually explicit, vulgar or obscene;
amounts to a form of cheating;
amounts to a personal attack on others;
bullies or harasses others;
amounts to, or encourages, any illegal activity;
impersonates anyone, or misrepresents your identity;
deletes or changes any legal notices, disclaimers, proprietary notices, copyright or trademarks;
infringes anyone else’s rights. For example, you must not infringe anyone else’s patents, copyright, trademarks, or other intellectual property rights, or their confidential information or privacy;
contains a virus or similar threat, or interferes with, impairs or damages our Services;
negatively affects any person’s use or enjoyment of the Services;
involves disruptive, antisocial or destructive behaviour, including, for example “flooding,” “trolling,” “flaming,” “spamming,” or “griefing”;
involves the carrying out of any business activity, including generating money for yourself or others; or
amounts to an advertisement, chain letter, junk or spam.
In addition, it is against the Rules to participate in any of the following:
any attacks, including without for example, denial of service attacks or other similar attempts to interfere with other’s use of the Services;
attempting to gain unauthorised access to the Services, computers, or networks connected to the Services;
use of cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Services;
modification of any software that forms part of the Services;
disrupting or overburdening computers or servers;
attempting to circumvent or modify any security features;
harassment or abuse of others; or
obtaining or using personal information about others or sharing anyone’s personal information through the Services.
We may terminate or restrict your right to use the Services, or disable your account, if we think that you have not followed the Rules or if we reasonably believe that you have otherwise behaved inappropriately while using our Services. In addition, if we believe you have cheated in any way, then we may also remove any applicable in-game purchases from you including for example, any Virtual Items, which you have obtained by cheating.
If you think that another user may be breaching our Rules, please let us know, using the contact details below. However, we cannot guarantee that others will comply with the Rules, and we are not responsible for any other user’s failure to comply with them.
We may update the Services from time to time
From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the Services (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).
These updates and upgrades may result in the Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Services for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible all cases. We would always recommend that you have the latest version of the Services installed. If you do not install any update or upgrade then all of the functionality and features of the Services may not be available to you.
Our Services may enable you to acquire certain virtual items. This includes, for example, virtual currency, points, or similar virtual items (together “Virtual Items”). You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.
Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise, and is limited to the licence granted below – see section below entitled “Your right to use the Services”. You may not re-sell or trade any Virtual Items.
Please note that if you remove and reinstall a game on a new device, you may lose your in-game purchases, including any Virtual Items.
Who owns the content made available through the Services?
We either own, or have a licence to use, all of the content and information contained in the Services (including our games), including all the intellectual property rights in our Services. For example, we own, or have a licence to use, all the software code, graphics, images, trademarks, designs, logos, videos and text in our games.
You are not allowed to use the Services unless expressly allowed under these Terms. You may not reverse engineer, decompile, disassemble or modify the Services in any way.
The Services may allow you to create a username and an online identity which allows you to communicate with others. For example, our Services may allow you to share messages, images, and video online (“User Content”).
You promise that you have the right to share and use such User Content, that it and you will comply with the Rules when doing so. You agree that we may use your User Content for any purpose in connection with the Services (including re-posting it and sharing it) without any payment or obligation to you or anyone else. We may remove any potentially infringing User Content without notice.
Your right to use the Services
Subject to these Terms, we grant you a non-exclusive, non-sublicensable, personal, non-transferable, revocable, limited licence to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
We will not be liable to you in certain circumstances
We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services – we will always try and give you notice of this, but it may not be possible in all cases (for example for reasons beyond our control, or if there is an emergency security issue).
We will not be liable for any loss or damage that you suffer as a consequence of any Service(s) becoming temporarily or permanently unavailable.
We are not responsible for the following types of loss or damage which may arise from your use of the Services:
damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
loss, damage or upset that you suffer as a consequence of the actions of another user;
any loss or damage if the Services are not provided to you, or are interrupted or suspended, or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control; or
loss or damage which neither of us could have reasonably anticipated or expected when you started using the Services. This includes, for example, any loss or damages which is indirect or which is a side effect of the main loss or damage, such as loss of revenue or salary, or loss of profit, opportunity or reputation.
Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud. We do not make any statement, guarantee or promise in respect of the Services not set out in these Terms, including, without limitation, any statements made by third parties, such as third party advertisers.
We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use appropriate anti-virus software.
What happens if I download a game through an online store such as the iTunes App Store or Google Play Store?
You will also be asked to agree to the relevant online store terms which will also apply in addition to these Terms. You should read these online store terms carefully.
If you make any in-game purchases, then the relevant online store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online store provider. You should contact the online store provider directly if you have any payment related issues with in-game purchases.
Creating an account with us
In some circumstances you may create account with us. Any account you have created is subject to you complying with these Terms. If you create an account from a social networking site, such as Facebook, you must comply with its terms of service/use as well as these Terms.
You are responsible for maintaining the confidentiality of your user name and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password in relation to other online activity. We will not be liable if your user name and password are used by someone else. If you become aware of any unauthorised use of your username and password, you should notify us immediately by email to [email protected]
Closing your account with us
If you have created an account with us, you can close it at any time by emailing us using the following link: [email protected] Please note that we may close your account with us if it is inactive for 180 days.
You are responsible for ensuring you have the necessary equipment to use our Services
You must provide all equipment and software necessary to connect to the Services. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.
We are not responsible for third party websites or content
We are not responsible for third party advertising
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services.
Questions, complaints and disputes
The terms and conditions of the relevant online store include also instructions explaining what to do if a game is defective. Your rights and remedies for defective games and how to exercise them are set out in the relevant terms and conditions of the relevant online store.
Our right to end the contract or restrict access to our Services
We may end our contract with you to use the Services if you breach any of these Terms, or if you breach the terms you have entered into with any third party involved in a transaction. For example, if you breach the Google Play, or Apple Appstore terms and conditions.
If you breach any of these Terms, we may also choose, at our discretion, to restrict your access to any part of the Services. For example, we may close any account you have with us. We will try to give you notice of this and a chance to appeal where possible though.
If you breach these Terms, or if your account is closed, you may lose access to in-game purchases you have made and other data
If we end our contract with you to use the Services, or restrict your access to any part of the Services, we may in our discretion delete certain data relating to your use of the game, or disable access to it. This may include, for example, saved games, high scores, or your position in a league table. If we end our contract with you to use the Services, or restrict access to any part of our Services, we may also delete any in-game purchases or Virtual Items you have obtained, and you will no longer be able to use those purchases.
Do I have to be a certain age to use the Services?
The Services are not intended for use by children. For some Services you may need to register and should be at least over 16 to do so. If you help someone who is 16 or under to register for or otherwise use any Services you assume full liability for any consequences.
If you are under the age of 16, you must not use our Services unless you have the consent of a person who has parental responsibility for you.
You must make sure that our Services are not used by anyone under the age of 16. We will not be responsible for children who use your credit card, or other means of payment, to purchase any Services, such as in-game purchases.
Other important legal terms
The Services are made available for personal and not commercial use. You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.
If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.
Changes to these Terms
We may revise these Terms any time to reflect changes in or to:
relevant laws or regulatory requirements.
security, technical or operational issues; and
the functionality or features of the Services.
If we change these Terms, we will post summary details of the changes below. If we have your e-mail address, we may also decide to e-mail you with information on those changes.
By accepting revised Terms you agree to comply with them. If you do not agree to the revisions, you must stop using the Services.
Please note that the scope of this Policy is limited to information and data collected or received by Clipstories through your use of the Service. Clipstories is not responsible for the actions of third party people or companies, the content of their sites, the use of information or data you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.
By using the Service, you are expressing your agreement to this Policy and the processing of your information and data, including your personal information, in the manner provided in this Policy.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.
If you have any questions or concerns, please contact us with the information provided in the Contact Information of Data Controller section of this Policy.
INFORMATION AND DATA WE COLLECT
Here are some example of information and data we may collect from you:
Data that are collected automatically (such as IP Address, your device’s operating system, browser type and language);
Identifiers that are used to identify your mobile device such as your unique device ID (persistent/non-persistent), hardware type, medial access control (“MAC”) address;
Profile information that you volunteer (such as name, email address, profile photo, gender, age or birthday, links to profiles on other social networking websites);
Employment information (such as name, email address, phone number, resume).
We and our marketing and outsourcing partners, affiliates, or analytics service providers use technologies such as cookies, beacons, scripts, and tags to identify a user’s computer/device and to store information about your visit. Information contained in a cookie may be linked to your personal information, such as your user ID, for purposes such as improving the quality of our Service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
OTHER COLLECTION PRACTICES
Clipstories may offer you the opportunity to invite your contacts from a Social Network Service (such as your Facebook friends) so that those contacts can be located in Clipstories games and/or you can invite them to join you in Clipstories games. Such contact information will be used only for the purpose of sending communications to the addressee. You or the third party may contact us to request the removal of this information from our database to the extent Clipstories stores any of this information.
HOW WE USE THE DATA WE COLLECT
Clipstories’s first goals in using information are to provide the Service to you, improve our Service, contact you, conduct marketing and research and create reports for internal use. We store information on servers located in the United States via third parties (such as Packet Host, Inc. or Amazon Web Services), and may store information on servers and equipment in other countries.
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
Allow you to play our games;
Identify and suggest connections with other Clipstories users;
Operate and improve our Service;
Understand you and your preferences to enhance your experience and enjoyment using our Service;
Respond to your comments and questions and provide customer service;
Provide and deliver products and services you request;
Deliver advertising and marketing and promotional information to you;
Link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
While you are browsing our website, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service.
THIRD PARTY SERVICES
APPLICATION FOR EMPLOYMENT
If you wish to submit a resume, we provide you the option to upload it to the Site and we collect your name, email address and mobile telephone number. We use this information to contact you regarding setting up an interview or to determine if you are qualified for the position in which you applied.
When you use any of the Clipstories games or applications on a mobile platform or on Facebook, we may record certain information and data, such as:
your application usage, access, session times and in-app purchases;
your unique device ID (persistent / non-persistent);
media access control (“MAC”) address;
the version of your operating system (“OS”);
your email address (if you have connected to Facebook);
and your location (based on your Internet Protocol (“IP”) address).
This information is useful to us for troubleshooting and helps us understand usage trends and improve and optimize the Services and your user experience, and may also be utilized for other purposes, such as interest based advertising as described elsewhere in this Policy.
In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the Clipstories games you are playing.
We may occasionally send you push notifications through our mobile applications to send you game updates or other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.
We may feature advertisements in our games and elsewhere, both ourselves and with the help of our partners, and collect and use data and information about you and your device (including the presence of applications on the device or in use at a particular time on the device) in connection with such advertising, including your viewing of and interaction with any such advertising, in order to deliver, enable, target and optimize advertising and promotional information that is more relevant to you and is based on your game and device usage, online behavior and interests (this is commonly referred to as online behavioral or interest based advertising).
Advertisers on mobile devices and our third party advertising and analytics partners sometimes collect and use Advertising IDs to enable and optimize advertising. Advertising IDs are non-permanent device identifiers such as the Android advertising ID and/or Apple’s ID for advertising.
These advertisers and third party advertising and analytics partners may collect and use data and information about you, such as your Service session activity, viewing of and interaction with an advertisement, device identifier, MAC address, IMEI, geo-location information and IP address for the purposes of analyzing, tracking and measuring advertisement performance and to provide interest based advertising.
In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser or third party advertiser or analytics partner.
CHOICES REGARDING AD TARGETING AND DATA USE
You may click on the following link: http://www.clipstories.com/partner-opt-out for information on how to opt-out of the delivery of interest based advertising as well as certain uses of precise location. Please note, you will still receive generic ads.
You can exercise an opt-out for interest based advertising services on mobile applications by checking the privacy settings of your Android or iOS device and selecting “limit ad tracking” (Apple iOS) or “opt-out of interest based ads” (Android). If you would like to adjust your choices regarding the use of precise location data, you may also do so via your mobile device settings.
Many of our partner’s that enable online behavioral or interest based advertising are members of one or more digital advertising industry self-regulatory programs. You may click below for the Network Advertising Initiative (“NAI”) and Digital Advertising Alliance (“DAA”) to learn more about targeted or interest based advertising and to opt out of certain targeting programs.
HOW WE MAY DISCLOSE THE DATA WE COLLECT TO THIRD PARTIES
Clipstories does not share your personal information except as approved by you or as described below:
Clipstories may engage other companies and individuals to perform services on our behalf. Example of these services include analyzing data and providing customer support. These agents and service providers may have access to your personal information in connection with the performance of services for Clipstories.
We may release your information as permitted by law, such as to comply with a subpoena, or when we believe that release is appropriate to comply with the law; investigate fraud, respond to a government request, enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection. In certain situations, Clipstories may be required to disclose personal information in response to lawful requests by public authorities or for local law enforcement requirements.
Clipstories may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company. You will be notified via email and/or notice on our Site of any change in ownership or users of your personal information.
We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
ACCESSING, CORRECTING AND DELETING DATA WE COLLECT FROM YOU
Right of access
You have a right to know what information we hold about you and in some cases to have the information communicated to you. If you wish to exercise this right please contact us letting us know that you wish to exercise your right of access and what information in particular you would like to receive. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information, and the law permits us to charge a fee for exercising this right of access. Where we are not able to provide you with information that you have asked for, we will endeavour to tell you why. We will try to respond to any request within a reasonable timeframe
Right to correct personal information
We try to keep the information that we hold about you accurate and up to date. Should you realize that any of the information that we hold about you is incorrect, please contact us using the information below and we will correct it as soon as we can.
In some circumstances you have a right to have some of the personal information that we hold about you deleted. Should you wish to have any information about you deleted, please contact us using the information below. Please note that to ensure that we do not collect any further information you should also delete our games from your mobile devices and clear our cookies from any device where you have played our games in a web browser. Where we delete personal information about you, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or our database integrity. We may also retain your information in an anonymized form.
OPTING OUT OF MARKETING
You may opt-out of receiving promotional emails from us by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about our ongoing business relations.
Clipstories takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems.
Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
We retain your information for as long as needed to provide you the Service. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
OUR POLICY REGARDING CHILDREN
We do not knowingly collect or solicit personal information from or direct or target interest based advertising to anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us.
We may transfer information that we collect about you to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and we take steps to ensure adequate safeguards are in place to enable transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Policy.
CHANGES TO THIS POLICY
We may update this Policy to reflect changes to our data and information privacy practices. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
If you have any questions or concerns about our data privacy practices, or if you have any requests for resolving issues with your personal information, please contact us at: