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Terms and Conditions

Last updated: June 12, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the
following conditions.

The following definitions shall have the same meaning regardless of whether they appear in
singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by

You on any electronic device, named Last Call Trivia

Application Store means the digital distribution service operated and developed by

Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the

Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control
with a party, where “control” means ownership of 50% or more of the shares, equity 

interest or other securities entitled to vote for election of directors or other
managing authority.

Account means a unique account created for You to access our Service or parts of
our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Last Call Trivia LLC, 34 Kathy Ln, Fort Thomas, KY 41075.
Content refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of the
form of that content.

Country refers to: Kentucky, United States

Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.

Promotions refer to contests, sweepstakes or other promotions offered through the
Service.

Service refers to the Application.

Terms and Conditions (also referred as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company regarding
the use of the Service.

Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not access the
Service.

You represent that you are over the age of 18. The Company does not permit those under 18
to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your personal information
when You use the Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Promotions

Any Promotions made available through the Service may be governed by rules that are
separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our
Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and
for any activities or actions under Your password, whether Your password is with Our

Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately
upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than You without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to
the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through the
Service. You retain any and all of Your rights to any Content You submit, post or display on
or through the Service and You are responsible for protecting those rights. You agree that
this license includes the right for Us to make Your Content available to other users of the
Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right
to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting
of Your Content on or through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly
understand and agree that You are solely responsible for the Content and for all activity that
occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such
objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content
that is designed or intended to disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or
representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine
whether or not any Content is appropriate and complies with this Terms, refuse or remove
this Content. The Company further reserves the right to make formatting and edits and
change the manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content. As the Company cannot control all content
posted by users and/or third parties on the Service, you agree to use the Service at your
own risk. You understand that by using the Service You may be exposed to content that You
may find offensive, indecent, incorrect or objectionable, and You agree that under no
circumstances will the Company be liable in any way for any content, including any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of your
use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there
will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is
corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered
issues that may affect the backups of Content. But You acknowledge that the Company has
no liability related to the integrity of Content or the failure to successfully restore Content
to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location
independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim
that Content posted on the Service infringes a copyright or other intellectual property
infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, You must submit Your notice in writing to the attention of
our copyright agent via email at [email protected] and include in Your notice a
detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material
that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on the
copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a
notification, the Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company and its
licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and
foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any
reason such assignment is ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose,
sub-licence, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any such web sites
or services.

We strongly advise You to read the terms and conditions and privacy policies of any thirdparty web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by You through the Service or 100
USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising out of or
in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision
of this Terms), even if the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party’s liability will be limited to the greatest extent
permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as
to the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a “terrorist supporting” country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not effect a party’s ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide at least 30 days’ notice
prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
• By email: [email protected]

Privacy Policy

Last updated: June 12, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about Your privacy
rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You
agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Last Call Trivia LLC, 34 Kathy Ln, Fort Thomas, KY 41075.

Application means the software program provided by the Company downloaded by
You on any electronic device, named Last Call Trivia

Affiliate means an entity that controls, is controlled by or is under common control
with a party, where “control” means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.

Account means a unique account created for You to access our Service or parts of
our Service.

Service refers to the Application.

Country refers to: Kentucky, United States

Service Provider means any natural or legal person who processes the data on
behalf of the Company. It refers to third-party companies or individuals employed
by the Company to facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the Company in
analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the Service.

Personal Data is any information that relates to an identified or identifiable
individual.

Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.

Usage Data refers to data collected automatically, either generated by the use of the
Service or from the Service infrastructure itself (for example, the duration of a page
visit).

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable

information that can be used to contact or identify You. Personally identifiable information
may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP
address), browser type, browser version, the pages of our Service that You visit, the time
and date of Your visit, the time spent on those pages, unique device identifiers and other
diagnostic data.

When You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile device You use,
Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating

system, the type of mobile Internet browser You use, unique device identifiers and other
diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or
when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the
following Third-party Social Media Services:
• Google
• Facebook
• Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media
Service, We may collect Personal data that is already associated with Your Third-Party
Social Media Service’s account, such as Your name, Your email address, Your activities or

Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through
Your Third-Party Social Media Service’s account. If You choose to provide such information
and Personal Data, during registration or otherwise, You are giving the Company
permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may
collect, with your prior permission:
• Information regarding your location
We use this information to provide features of Our Service, to improve and customize Our
Service. The information may be uploaded to the Company’s servers and/or a Service
Provider’s server or it be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device
settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:
• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The
Personal Data You provide can give You access to different functionalities of the Service
that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of
the purchase contract for the products, items or services You have purchased or of any
other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent
forms of electronic communication, such as a mobile application’s push notifications
regarding updates or informative communications related to the functionalities,
products or contracted services, including the security updates, when necessary or
reasonable for their implementation.
• To provide You with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have already
purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
• With Service Providers: We may share Your personal information with Service
Providers to monitor and analyze the use of our Service, to contact You.
• For Business transfers: We may share or transfer Your personal information in
connection with, or during negotiations of, any merger, sale of Company assets,
financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we
will require those affiliates to honor this Privacy Policy. Affiliates include Our parent
company and any other subsidiaries, joint venture partners or other companies that We
control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners
to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the
public areas with other users, such information may be viewed by all users and may be
publicly distributed outside. If You interact with other users or register through a ThirdParty Social Media Service, Your contacts on the Third-Party Social Media Service may
see Your name, profile, pictures and description of Your activity. Similarly, other users
will be able to view descriptions of Your activity, communicate with You and view Your
profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the
extent necessary to comply with our legal obligations (for example, if we are required to
retain your data to comply with applicable laws), resolve disputes, and enforce our legal
agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is
generally retained for a shorter period of time, except when this data is used to strengthen
the security or to improve the functionality of Our Service, or We are legally obligated to
retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices
and in any other places where the parties involved in the processing are located. It means
that this information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction where the data
protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated
securely and in accordance with this Privacy Policy and no transfer of Your Personal Data
will take place to an organization or a country unless there are adequate controls in place
including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be
transferred. We will provide notice before Your Personal Data is transferred and becomes
subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data
if required to do so by law or in response to valid requests by public authorities (e.g. a court
or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is
necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of
transmission over the Internet, or method of electronic storage is 100% secure. While We
strive to use commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.

Detailed Information on the Processing
of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our
behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of our
Service. This data is shared with other Google services. Google may use the collected
data to contextualise and personalise the ads of its own advertising network.

You may opt-out of certain Google Analytics features through your mobile device
settings, such as your device advertising settings or by following the instructions
provided by Google in their Privacy Policy: https://policies.google.com/privacy
For more information on the privacy practices of Google, please visit the Google
Privacy & Terms web page: https://policies.google.com/privacy

Firebase

Firebase is an analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings,
such as your device advertising settings or by following the instructions provided by
Google in their Privacy Policy: https://policies.google.com/privacy
We also encourage you to review the Google’s policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245
For more information on what type of information Firebase collects, please visit the
Google Privacy & Terms web page: https://policies.google.com/privacy

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional
materials and other information that may be of interest to You. You may opt-out of receiving
any, or all, of these communications from Us by following the unsubscribe link or
instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science
Group LLC.
For more information on the privacy practices of Mailchimp, please visit their
Privacy policy: https://mailchimp.com/legal/privacy/

Your California Privacy Rights
(California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California
residents with an established business relationship with us can request information once a
year about sharing their Personal Data with third parties for the third parties’ direct
marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you
are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor

Users (California Business and
Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under
the age of 18 who are registered users of online sites, services or applications to request
and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us
using the contact information provided below, and include the email address associated
with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of
content or information posted online and that the law may not permit or require removal in
certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a
third party link, You will be directed to that third party’s site. We strongly advise You to
review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or
practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by
posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the
change becoming effective and update the “Last updated” date at the top of this Privacy
Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:
• By email: [email protected]

SOCIAL LOGIN PRIVACY STATEMENT

This privacy statement (“Privacy Statement”) applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the associated application (“Application”). The Application is provided by Defying Gravity LLC (and may be provided by Defying Gravity LLC on behalf of a Defying Gravity LLC licensor or partner (“Application Partner”). By using or otherwise accessing the Application, you acknowledge that you accept the practices and policies outlined in this Privacy Statement.

WHAT PERSONAL INFORMATION DOES DEFYING GRAVITY LLC COLLECT?

We collect the following types of information from our users:

Personal Information You Provide to Us:

We may receive and store any information you submit to the Application (or otherwise authorize us to obtain – such as, from (for example) your Facebook account). The types of personal information collected may include your full name, email address, gender, IP address, browser information, username, demographic information, and any other information necessary for us to provide the Application services.

Personal Information Collected Automatically:

We receive and store certain types of usage related information whenever you interact with Application. For example, Defying Gravity LLC may automatically receive and record information regarding your computer’s IP address, browser information, Facebook user ID, Facebook Page fan status, and URLs accessed. Such information may be shared in aggregate (non-personally identifiable) form with our partners.

HOW DOES DEFYING GRAVITY LLC USE THE INFORMATION IT COLLECTS?

Defying Gravity LLC uses the information described in this Privacy Statement (i) internally, to analyze, develop and improve its products and services, and (ii) as set forth below in the “Will Defying Gravity LLC Share any of the personal information it Collects” section below.

APPLICATION PARTNER TREATMENT OF PERSONAL INFORMATION.

Defying Gravity LLC may provide personal information to the applicable Application Partner. The Application Partner’s use of your personal information is subject to the Application Partner’s separate privacy policy – and not this Privacy Statement. The Application Partner’s privacy policy is linked to from within the Partner’s Facebook application.

WILL DEFYING GRAVITY LLC SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

Personal information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone (with the exception of sharing your information with an applicable Application Partner – see the “Application Partner Treatment” section above). We share your personal information only as described below.

Application Partners: We will share your personal information with an applicable Application Partner (see the “Application Partner Treatment” section above).

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Defying Gravity LLC’s agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Defying Gravity LLC, or substantially all of its assets were acquired, or in the unlikely event that Defying Gravity LLC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Defying Gravity LLC may continue to use your personal information as set forth in this policy.

Protection of Defying Gravity LLC and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Defying Gravity LLC, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.

CONDITIONS OF USE.

If you decide to use or otherwise access the Application, your use/access and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes, and application of California state law.

THIRD PARTY APPLICATIONS/WEBSITES.

The Application may permit you to link to other applications or websites. Such third party applications/websites are not under Defying Gravity LLC’s control, and such links do not constitute an endorsement by Defying Gravity LLC of those other applications/websites or the services offered through them. The privacy and security practices of such third party application/websites linked to the Application are not covered by this Privacy Statement, and Defying Gravity LLC is not responsible for the privacy or security practices or the content of such websites.

WHAT PERSONAL INFORMATION CAN I ACCESS?

Defying Gravity LLC allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list may change in the event the Application changes.

Account and user profile information
User e-mail address, if applicable
Facebook profile information, if applicable
User preferences
Application specific data

CHILDREN’S PRIVACY

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY STATEMENT.

Defying Gravity LLC may amend this Privacy Statement from time to time. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Statement when he or she uses or otherwise accesses the Application after such changes have been first posted.

QUESTIONS OR CONCERNS.

If you have any questions or concerns regarding privacy on our Website, please send us a detailed message at [email protected]. We will make every effort to resolve your concerns.

If you would like to have your account deleted, please send your request to [email protected] and we will take care of that for you.