FINGERPRINT MEDIA PRIVACY POLICY

The following privacy policy outlines the types of information Fingerprint Digital, Inc. ("FDI" "we" or "us" or "our") gathers when you visit our websites (including, but not limited to http://www.fingerprintplay.com and https://kidomi.com) and/or when you use our apps (including, but not limited to, the Kidomi app, which is available for download on the Google Play Store, the Apple App Store, and the Amazon AppStore, and can also be purchased pre-loaded on certain tablets, such as the HighQ Learning Tab) (collectively, our “Digital Properties”), as well as information you provide to us in person, over the phone, or in writing (through email, snail mail, text message, chat, or otherwise), and steps we take to safeguard it. FDI is located at 240 Stockton St, 6th FL, San Francisco, CA, 94108 and is responsible for the content of the Digital Properties as well as the collection and management of user information.

This Policy was last updated on October 22, 2019.

Data Controller
A “controller” is the legal entity that⎯alone or jointly with others⎯determines the purposes and means of the processing of personal data. FDI is the data controller for all data described by this policy, unless otherwise stated.

Data Processor
A “processor” is a legal entity or other body that processes data on behalf of the controller, as defined above. FDI uses various data processors with which we have data processing agreements. In some cases, FDI will also process data on your behalf. FDI makes commercially reasonable efforts to make sure all data processors as defined here are privacy compliant.

Information Collection, Use, Access, and Retention
In this section, we describe how we collect your data and what we do with it. We respect your data privacy rights and strive to provide sufficient transparency and flexibility for you to make and implement choices regarding your data. See below for details on how you may:
  • correct, update, access, or delete your data;
  • determine how we use your information in connection with advertising;
  • choose whether we share your personal information with other companies; and
  • direct how we collect and use your child(ren)’s data.

Collection
We collect information in several ways through our Digital Properties. When you use our Digital Properties, we collect personal information about you that you affirmatively choose to provide to us. For instance, when you initiate the account creation process, we will ask for your birth year to verify that an adult is creating the account. Then, we will ask you for your email address and a password. As part of the account-creation process, we also ask for a unique PIN, your payment information, child(ren)’s area(s) of interest, child(ren)’s name(s), child(ren)’s age ranges, and an avatar for each child.

If you create an account using your Google Account, we will have access to any information you have made public on your Google profile, and may collect and store that information. For details regarding what information may be provided by logging in with your Google Account, please follow this link https://support.google.com/accounts/answer/3466521?hl=en.

When you or your child interacts with our Digital Properties while logged-in to your account, we collect information about what content (games, videos, etc.) is interacted with, game/video progress, how much time is spent on each activity, and other similar data (“Usage Data”).

Children may not create accounts on our Digital Properties but may access them using a parent’s account. As noted above, you will create a unique PIN for your account. Children are not permitted to access any portion of the Digital Properties that require entry of a PIN to access (“Adult Menus”). All information described above (other than Usage Data) is collected only in Adult Menus. By creating an account, entering your payment information, and allowing your child to access our Digital Properties through your account, you consent to FDI’s collection of Usage Data in connection with your child(ren)’s use of the Digital Properties. For the purposes of this policy, unless otherwise specified, when we refer to “your data,” we mean that to include any data we have collected while your children interact with the Digital Properties using your account as well as information you directly provide to us about your children. See our section on Children’s Data for additional information about this important topic.

Cookies & Other Persistent Identifiers
To help us serve you better, we collect information that identifies the computer or browser used to access our Digital Properties, as well as the user account associated with that computer/browser if you are logged in. Cookies (and other forms of “persistent identifiers,” all of which we refer to as “cookies” for the sake of simplicity) are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website (or an analogous process on your mobile device). Whenever a site or app welcomes you and tailors data to your specifications, it is reading a cookie containing identifying information that you may have registered during previous visits, such as your viewing preferences. See here for a list of third parties that we allow to collect persistent identifiers on our Digital Properties: http://www.fingerprintplay.com/third-party-collection.html.

The use of cookies is a standard practice among Internet websites and most Internet web browsers may be customized to reject cookies, to only accept or reject cookies by user intervention, or to delete cookies. Please note that some features of our Digital Properties may not function properly if all cookies are blocked.

Certain cookies placed by our Digital Properties do not collect any personal information, and are essential to provision of a functional website and/or app, which we have a legitimate interest in providing (these are known as “Necessary Cookies” and include cookies that drive your navigation on one of our Digital Properties).

You are not, however, required to accept other types of cookies that collect personal information in order to use our Digital Properties. When you access our home page, you will see a notification regarding cookies at the bottom of the page. You may use this tool to manage your cookies: http://optout.aboutads.info.

When you interact with our Digital Properties, we also collect limited non-personally identifying information that the browser you used makes available automatically. This information includes the internet address of the computer, device, or network you used to access our site, the date, time, location and page(s) you visited on our site, the browser and operating system you used, and the referring page (the webpage that contained the link to our site that you clicked on to get there). Once you leave our Digital Properties, you have the right to request that we delete selected cookies or to ask that we delete all cookies by altering your cookie preferences as noted above.

Google Analytics
The Digital Properties may use Google Analytics Demographics and Interest Reporting and/or other Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and/or the doubleclick Campaign Manager integration. We are required by Google to disclose the following information to you in our Privacy Statement in connection with our use of any Google Analytics for Display Advertising features on the Digital Properties.

You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on. If the Digital Properties make use of the Google Analytics for Display Advertising Remarketing feature, FDI will use such Remarketing feature to advertise online and third-party vendors, including Google, may show FDI ads on sites across the Internet.

FDI and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the doubleclick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to the FDI Site, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the FDI Site.

As with all information we collect, the data from Google Analytics Demographics and Interest Reporting may be utilized by FDI to help recognize and understand user preferences, to make improvements to the Digital Properties, to choose content and advertising to display to you, and for other business purposes that will allow FDI to better serve you.

Use
We have a legitimate business interest in ensuring that our Digital Properties operate correctly and efficiently. To that end, we use the aggregated nonpersonal data and information from all users of our Digital Properties to measure server performance, analyze user traffic patterns, and improve the content of our Digital Properties. We sometimes track the keywords that are entered into our search engines to measure interest in specific topics and to improve the consumer experience on the site.

We have a legitimate business interest in communicating with you about your account and will use your personal information to send you important non-commercial emails, such as administrative notices related to our Digital Properties. Please note that unless you delete your account completely, as outlined below, we will continue to send you such messages. If we detect that your account has been dormant for a period of 24 months, we will send you an e-mail reminder to confirm you would still like to receive communications pertaining to your account. If we do not hear from you by the requested response time outlined in the e-mail, we will close down your account.

With your consent, we will use your e-mail address and/or other personal information to provide you with information we think you will be interested in, for example, to send you our newsletters, to update you on new content, and to inform you about updates to our Digital Properties. Even after you have agreed to receive such messages, you can let us know at any time if you would prefer not to receive any or all of this information either directly or through our Digital Properties, by following the unsubscribe instructions in any email you receive from us, or by sending an e-mail to privacy@fingerprintplay.com that contains the email address you wish us to unsubscribe from our lists. As noted above, even if you opt out of receiving marketing messages, we will still send you important non-commercial messages so long as you maintain your account.

With your consent, we may share your information with key business partners, marketing partners, and affiliates, who may perform functions on our behalf, who may have products and services we believe are of interest to you. We have contractual relationships with all such partners and affiliates that require them to safeguard your information and allow you to opt out of receiving further information from them. Their use of your data is also governed by their own privacy policies. You can revoke your consent to receive any or all of this information by following the unsubscribe instructions in an email you receive from one of our partners (this will only unsubscribe you from receiving further marketing messages from that partner). If you would like to revoke your consent to FDI sharing your information with its partners, you can do so by logging in to your account and updating your settings or by sending an e-mail to privacy@fingerprintplay.com that contains the email address you wish to revoke consent for third-party sharing.

We also have a legitimate business interest in complying with our legal obligations. To that end. we may release personal information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect our rights, property, or safety, or that of our respective affiliates, business partners, customers, or others.

In the event the FDI conducts an online promotion, contest, or sweepstakes (collectively, a “Promotion”), information we collect will be used consistent with the terms and conditions outlined in the promotion guidelines or rules, which may include a reference to this Policy. You can elect to provide permission for FDI to use the email address and/or telephone number you provide when entering a Promotion for sending you marketing messages. However, you are only required to provide such permission in order to participate in a Promotion if it is necessary for the running of the promotion. For instance, if we request your email address or your social media handle because it is used to notify you if you’ve won and/or to send your prize, and you do not want to provide it, you will not be able to participate in the promotion. Information you provide us will be used to administer the promotion. If you have not opted in to receive further communications about upcoming promotions, your identifying data will be retained only for as long as it is necessary to administer the promotion and legally comply with our obligations.

If you would like to revoke your consent to receiving commercial messages you have previously opted in to receive, you can use the unsubscribe link in any marketing message, or reply “STOP” to any marketing text message you receive. You may also send an e-mail to privacy@fingerprintplay.com contains the email address or phone number you wish to revoke consent for marketing messages.

FDI uses third parties to process your personal data when it serves a legitimate business purpose. Our contracts with these third-party processors require them to comply with the terms and the intent of this privacy policy, and to make all commercially reasonable efforts to safeguard your information.

You have a right not to receive discriminatory treatment by FDI for the exercise of privacy rights conferred on you by the California Consumer Privacy Act (“CCPA”). If you withhold your consent for any of the uses described above, and/or exercise any other CCPA rights delineated by this policy, FDI will not discriminate against you

Access/Updates/Stop-Processing Requests
You are entitled to access your personal information and to have it amended, updated or deleted, where such information is incorrect, incomplete or outdated. You may also request we stop processing your information.

Access
You may exercise your right to access your information and obtain:
  1. a description of the categories of personal information and sources of such personal information we have collected within the past year;
  2. a description of the business purpose we have collected such personal information for;
  3. a description of the specific pieces of personal information we have collected within the past year; and
  4. information on each third-party company to whom we have disclosed, within the past year, personal information pertaining to you for our direct marketing purposes (if any).

In order to obtain such information, please contact us through the following methods:

Contact us through our on-line form: https://kidomi.com/faq.html

Email us at: privacy@fingerprintplay.com

Please be sure to provide us with your name and the email address about which you are requesting information. In order to verify your identity, FDI may require email verification from the email address FDI has in its records for you. You may be required to provide more information in order for FDI to assist you. FDI will answer your request within 45 days from its receipt provided that this request is complete and accurate.

Updates
If you would like to update your information, you can contact us by sending a request in writing to: privacy@fingerprintplay.com.

When making a request to update your information, please make sure to provide the name and email address associated with the account. The email address you provide must match the email address FDI has on its records for you. FDI will answer your request within a reasonable business period from its receipt provided that this request is complete and accurate. You may be required to provide additional information in order for FDI to process your request.

Stop-Processing Request
You may, on legitimate grounds, object to the processing of your personal information. Such objection may, however, prohibit FDI from providing the requested service.

Retention
As described above, some of the online services available through our Digital Properties allow you to register for an account or provide personal information about you and your children. You will be asked for applicable information to create an account, including email address and a preferred password for your account. All personal information we collect is stored and processed in the United States.

We will retain your personal information while you have an active relationship with FDI, including if you have subscribed to a newsletter, or opted in to receive commercial content from us, have visited the site while logged in, have an active subscription, participated in a promotion, or have affirmatively made requests of us that we, or our data processors, are fulfilling. We will maintain your information for twenty-four (24) months after that relationship ends (unless you request that we delete your information prior to the expiration of that period). If FDI determines that it no longer requires your information for the purposes set forth above, it will delete your information.

If you would like us to delete all of your personal information (including your child(ren)’s information, as noted above) and/or remove your email address from promotional lists (including any personal information gathered by our service providers) and place your name on our “do not contact” list, contact our Data Privacy Team at privacy@fingerprintplay.com and request that you be placed on our “do not contact” list. Please note that because names may be similar, you must include in your request all associated email addresses and phone numbers (if any) that you wish to be removed in the body of the email. We reserve the right to contact you for administrative purposes to request more information in order to assist us in deleting your content. We will make commercially reasonable efforts to delete your information within thirty (30) days from our active files, provided, however, that we may retain—for legal compliance purposes only—your request and associated email in a hashed format so that we do not inadvertently restore your information to our database. Please note that requests to update your personal information may take up to five (5) days. You may also request that we stop processing your information without deleting it, and we will comply within ten (10) days of receipt of such a request.

Notwithstanding the above, FDI will retain your information indefinitely if it believes in good faith that it has a legal obligation to do so.

Payments
You may pay by providing payment information directly through our Digital Properties (which include payment forms powered by third-party vendors with whom we have an agreement). When you provide your credit card information through the Digital Properties, it goes directly to our vendors for processing. We only maintain a record of the transaction, not your credit card details.

Do-Not-Track Signal
The Do-Not-Track Signal (DNT) is used by some web browsers to automatically request that a web application disable site tracking. Because the DNT often does not reflect the actual preferences of an individual consumer, our website does not respond to the DNT. Instead, and in order to allow you to personalize your experience with our Digital Properties, you may elect not to receive marketing messages and/or have certain cookies placed on their browser, as discussed earlier in this Policy.

Children’s Data
Because our Digital Properties are intended to be used primarily by children, we strive for the utmost in transparency and clarity when it comes to children’s data. Through our Digital Properties, we collect limited personal data from children. Whenever we collect personal information from a child, we only keep the information for the time we need it to provide a service or for the time it’s legally required to be kept on record. Where personal information is needed for features to function, we’ll only ask for information that is reasonably required to take part in the activity and/or to provide the service. As an example, we collect information about how long each child spends on each activity so that we can provide screen-time information to parents, allowing parents to make informed choices about their children’s activities.

Here are examples of times when we collect children’s data:

Usage Data: As noted above, this is information about what content (games, videos, etc.) users of the Digital Properties interact with, game progress, how much time is spent on each activity, and other similar data. We must collect this information from children when they engage with the Digital Properties in order the Digital Properties to function correctly and efficiently.

Child-Created Content: Our Digital Properties may allow children to create or use content themselves (such as drawings, stories, etc.). Since only some of these features require personal information from the child, not all activities require consent from a parent or guardian. Whenever an activity could potentially allow a child to share personal information, we either review the content ourselves and make sure personal information is removed or ask for permission from a parent or guardian to collect the data. If, as well as collecting content that includes personal information, we also plan to share the content publicly or with a third party for their own use, we’ll ask the parent or guardian for ‘verifiable parental consent’ (which is a higher level of parental consent).

Location Data: We do not knowingly collect information on any child street name, address or coordinates. However, we do sometimes collect— on an anonymous basis—the city, country or region where the device used to access our Digital Properties is located, as described above. We do not ask for consent for such collection because such generic information will not allow us to identify a particular user. If you would like to stop us collecting this type of location information, you can adjust the settings on the device your child is using at any time. Alternatively, please contact us at privacy@fingerprintplay.com.

Persistent Identifiers: We automatically collect some types on information (e.g. information on IP addresses, mobile device identifier, browsers, internet service providers, referring pages, exit pages, visitor frequency, operating systems, date stamps, time stamps, and clickstream data) so we can give users of our Digital Properties more relevant and personalized online experiences. See the Cookies section of this Privacy Policy for details. We use this data to give children access to online features and activities, to customize content, to improve our online channels, to analyze the performance of our online channel, and to create anonymous reports.

Accidental Collection: If we discover that we’ve unintentionally collected information from a child in a way that doesn’t meet COPPA requirements, we will delete the information immediately.

As parent, you decide what we do with your child(ren)’s information. Here are details about how, when, and why we obtain parental consent:

Low-Level Parental Consent: If we need to collect a child’s personal information, we’ll ask for parental consent according to COPPA legal requirements. We’ll send the child’s parent or guardian an email explaining what information we’re collecting and how we plan to use it. Then the parent can give or deny his/her consent. If we don’t receive parental consent in a reasonable time, we’ll delete all information we’ve collected from the child including the adult’s contact information that we asked for in order to request consent.

High-Level, Verifiable Consent: In the unlikely event we ever want to share a child’s personal information publicly or with a third party, we’ll seek a higher level of parental consent than the email request described above. We may ask for verification by credit card or other payment method (with a nominal charge involved), verification over the phone or through a video chat to a trained customer service representative, or a signed consent form to be returned to us by mail, email attachment or fax. We may give the parent or guardian a PIN or password that they’ll be able to use in future communications to confirm the adult’s identity, such as in the case of certain features in our Digital Properties.

Teacher Consent (in lieu of a parent): With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. In certain circumstances we may accept Teacher Consent in accordance with COPPA requirements.

Collection without Consent: If you think that your child is using our Digital Properties in a way that collects their personal information and you or another parent/guardian hasn’t received an email letting you know or seeking your consent (and you have not otherwise provided consent), please contact us at privacy@fingerprintplay.com.

Parental choices and controls: At any time, parents or guardians can refuse to allow us to use and collect further personal information from their child. Parents or guardians can ask us to delete the personal information we have collected in connection with their child’s account from our records. As personal information is required for some services, deleting a child’s records may result in an account, membership, or service being unavailable to the child in future. See the Information Collection, Use, Access, and Retention section above for details on deleting data.

Sharing with Permission: If we’ve received high-level parental consent to share a child’s personal information publicly, we may also share personal information with our service provides or legal authorities. We may share information with our service providers including software solution companies, online security partners and customer services. Our contracts with these companies make sure they only use personal data for the agreed purpose. Parents have the right to consent to the collection, use and processing of their child’s personal information without also having to consent to the disclosure of that information to third parties. We don’t share information with third parties other than as described above.

Changes: If we make material changes to how we use personal information collected from a child, we’ll tell their parent or guardian by email and ask for ‘verifiable parental consent’ for the new uses of the child’s personal information.

Links
Our website may contain links to other sites, including those of our business partners. Those sites may have their own privacy policies, or no privacy policies at all. FDI is not responsible for the privacy practices employed by other sites and those other sites have not agreed to our privacy policy. FDI has no control over or responsibility for any unaffiliated third-party sites or the content contained in them, and we provide these links solely for the convenience of our visitors. We do not sponsor, endorse, or otherwise recommend such sites or any products or services they may offer. In short, once you leave our Digital Properties, we are no longer responsible for the collection practices of the companies operating those sites.

Data Security
We take reasonable and appropriate security measures to protect unauthorized access, alteration or destruction of data located on and collected by our Digital Properties. We exercise reasonable care to protect your non-public personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us while it is in transit. Once we receive your personal information, we maintain physical, electronic and procedural safeguards to protect it. If a data breach occurs, we will notify you and the proper EEA authority (if required) within seventy-two (72) hours (if reasonably feasible).

Dispute Resolution
If you have an inquiry or complaint regarding whether FDI has violated its obligations under this Privacy Policy as to you (your “Complaint”), please contact our Data Privacy Team by email to privacy@fingerprintplay.com. We will acknowledge your Complaint within forty-eight (48) hours and respond to your complaint within forty-five (45) days. We may ask that you provide additional information and/or request a one-on-one discussion or conference.

Policy Changes
We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of this Privacy Policy, in whole or in part, at any time. Modification of changes in the Agreement will be disseminated via our Digital Properties, including posting on our website at http://www.fingerprintplay.com By using the Digital Properties you agree to be bound by any such revisions.

 

TERMS OF USE

1. Introduction

These terms of use (“Terms of Use”), as amended from time to time, are a legal agreement between FDI, its affiliates and any of their respective successors or assigns (“FDI,” “we” or “us”) and you regarding your use of FDI’s websites or applications (collectively, the “Services”).  

The Services are offered to you by FDI and FDI’s development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”). Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained in these Terms of Use.  Your access to and use of the Services constitutes your acceptance, without modification, of these Terms of Use and also our Privacy Policy, located [here], and which is incorporated into these Terms of Use.   

In addition, we require your express acceptance to these Terms of Use when you register to access and use the Services.  If you do not agree to be bound by these Terms of Use or the Privacy Policy, then you are not permitted to use or access the Services.

IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 21, THESE TERMS OF USE INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. READ SECTION 21 BELOW CAREFULLY.

 

2. Grant Of Limited License To Use The Services

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of these Terms of Use to access and use the Services solely as permitted in the Terms of Use.

ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS OF USE ARE RESERVED BY FDI. FDI has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individual persons may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of FDI, which it may withhold in its discretion.

FDI reserves the right to suspend or interrupt all or any aspect of the Services from time to time with or without prior notice, for any reason including, without limitation, in order to perform maintenance. You acknowledge that the Services may also be interrupted for reasons beyond the control of FDI and FDI cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so.

 

3. Eligibility

You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.

 

4. User Account

Certain content and Services that FDI may offer or that you may wish to access will require that you first register with FDI and create an account (“User Account”), although many Services are accessible without the requirement of a User Account. These Terms of Use apply equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.

a. Establishing a User Account

To establish a User Account, you may be required to provide FDI with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, account information for certain third party sites or networks such as Facebook or Twitter, phone numbers (including cell phone numbers), mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to FDI when requested, and that you will update that information promptly if it changes. FDI reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.

b. Login Information

During the registration process, you may be required to select a username and a password (collectively, “Login Information”). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in these Terms of Use. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.

c. Security of Your User Account and Login Information.

In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify FDI of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. To the extent allowed by law, FDI hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.

d. No Ownership of Your User Account.

YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FDI.

 

5. Code Of Conduct

Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of FDI and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, FDI reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, deleting or altering any username or suspending, terminating, or cancelling your User Account and your access to and use of the Services, or terminating any license granted in these Terms of Use, for any reason whatsoever. FDI reserves the right to modify the Code of Conduct at any time.

a. Unacceptable Online Conduct

Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:

  • use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;
  • modify or cause to be modified any files that are a part of the Services in any way;
  • facilitate, create or maintain any unauthorized connection to the Services; or
  • disrupt or assist in the disruption of any computer used to support the Services or another individual's access to or use of the Services.

b. Username Rules

FDI may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if FDI determines, at its discretion, that your username is contrary to the terms of these Terms of Use, including, without limitation, the requirements set forth in this Section 5. You may not use any name:

  • that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person or an employee of FDI;
  • that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language FDI considers objectionable;
  • that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party's trademark(s), service mark, publicity rights or other proprietary rights;
  • that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or
  • that is related to drugs, sex, alcohol, or criminal activity.

c. Rules Related to Use of Games, Apps and Other Content available as part of the Services

If you download or otherwise access a game or online application (commonly known as an “app”) or any other content from the provider of that app (collectively, “Third Party Channels”) and breach the terms and conditions associated with the access and use of such Third Party Channels, or otherwise use or access such game app or content in a manner that FDI deems inappropriate, then your User Account may be immediately terminated or suspended.

 

6. Communication And Other Features Available In Connection With Games, Apps And Other Content Available As Part Of The Services

a. Communication Features

When using or accessing Third Party Channels, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users (“Third Party User Material”) and that you might find such Third Party User Material objectionable. FDI and its Third Party Providers do not control the content of any Third Party User Material and do not guarantee its accuracy, integrity or quality. You understand that any Third Party User Material sent through or appearing on the Third Party Channels is the sole responsibility of those users or persons transmitting such Third Party User Material. This means that you, and not FDI or its Third Party Providers, are entirely responsible for all Third Party User Material that you transmit or receive. Under no circumstances will FDI or its Third Party Providers be liable for any errors or omissions in any Third Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third Party User Material. FDI and its Third Party Providers have no obligation to monitor or supervise Third Party User Material, and expressly disclaim any representation that they will monitor or supervise such Third Party User Material. You agree that you have no expectation of privacy in connection with any Third Party User Material. You also agree to indemnify and defend and hold FDI and its Third Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.

b. Purchase Features

Some applications offered by way of the Services or otherwise referenced on the FDI website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content or access additional features without having to leave the application. The device on which you are accessing such applications may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make in-app purchases. For example, Apple, Inc. outlines the steps required to enable restrictions on certain of its devices (currently at http://support.apple.com/kb/HT4213). Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions.

c. Social Network Access

When using some applications offered by way of the Services or otherwise referenced on the FDI website, you may have the ability to access a social network. If you access a social network, you may need to share information (some of which could be personally identifiable information).

d. Subscription Features

Some applications offered by way of the Services or otherwise referenced on the FDI website may include the ability to subscribe to a Service. The following details shall govern any subscriptions unless otherwise provided in additional terms applicable to the specific subscription as published by FDI from time to time:

  • The first payment for any subscription will be charged to your Account on the first day following your _TRIAL_PERIOD free trial, unless auto-renew is turned off at least 24 hours before the end of the trial period.
  • The subscription will automatically renew thereafter for the full subscription period specified by you at signup unless auto-renew is turned off at least 24 hours before the end of the current period.
  • Your Account will be charged for renewal within 24 hours prior to the end of the current period, and will identify the cost of the renewal.
  • Subscriptions may be managed by you, and auto-renewal may be turned off, by going to your Account settings after purchase.
  • No cancellation of a current subscription is allowed during the active subscription period. Instead, cancellation of a subscription will disable auto-renewal at the end of the current subscription period.

7. Ownership

Nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of FDI. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by FDI or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of FDI or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of FDI’s, or its Third Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for FDI or its Third Party Providers’ sole and exclusive benefit, and are owned and controlled by FDI or its Third Party Providers.

You will retain ownership of any materials you may submit (e.g., by uploading or transmitting) via the Services (“User Content”), and FDI shall have a nonexclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by FDI or its Third Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights of publicity, proprietary rights, or rights to credit for the material or ideas set forth therein.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any FDI website so long as the link does not portray FDI or its products or services or Third Party Providers in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FDI logo or other proprietary graphic or trademark as part of the link without express written permission of FDI.

8. Digital Millennium Copyright Act

a. We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

  • provide your physical or electronic signature;
  • identify the copyright work that you believe is being infringed;
  • identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
  • provide us a way to contact you, such as your address, phone number or email address;
  • provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
  • provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

b. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108
Phone: +1.415.398.0149
Email: support@fingerprintplay.com

9. Third Party Websites

When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with FDI ("Third Party Websites"). FDI and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. FDI has no control over Third Party Websites and therefore your access to any Third Party Websites is at your own risk. FDI and its Third Party Providers 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, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.

10. Submissions

If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of FDI in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, FDI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that FDI chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against FDI relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

11. Changes To The Agreement

FDI reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. FDI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.

12. Notice

In accordance with provisions in these Terms of Use requiring FDI give notice to you, FDI will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at FDI’s discretion. Any provisions in these Terms of Use requiring you to give notice to FDI can be done so by means of email to: support@fingerprintplay.com or by first class mail, postage prepaid, or overnight courier to:

Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108

13. Termination

Either FDI or you may terminate these Terms of Use and your User Account at anytime. You may terminate these Terms of Use and your User Account by contacting FDI and deleting your User Account as set forth in the Privacy Policy and then subsequently no longer accessing or using the Services. FDI may terminate these Terms of Use by asking you to stop using the Services, and, if necessary by preventing your access to the Services and your User Account. FDI shall have the right to suspend, terminate, cancel, modify, or delete these Terms of Use at any time for any reason or for no reason, with or without notice to you. IF YOU VIOLATE ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF USE, FDI RESERVES THE RIGHT TO IMMEDIATELY SUSPEND, TERMINATE, OR CANCEL, IN ITS DISCRETION AND WITHOUT NOTICE TO YOU, YOUR USER ACCOUNT OR ACCESS TO THE SERVICES. UPON TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNT, YOU WILL HAVE NO FURTHER RIGHTS TO ACCESS OR USE THE SERVICES.

14. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS”. NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FDI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. FDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES. THIS SECTION 14 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

15. LIMITATION OF LIABILITY

NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF FDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 14, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY FDI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY FDI PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

IN NO EVENT SHALL FDI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY FDI PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. FDI DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT FDI CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL FDI ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THESE TERMS OF USE MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FDI’S TOTAL LIABILITY ARISING FROM THESE TERMS OF USE AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

16. Force Majeure

FDI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FDI, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.

17. Consent To Monitor

In accordance with the terms and conditions of these Terms of Use and our Privacy Policy, and for purposes of monitoring and improving our quality of service and enforcing the terms and conditions of these Terms of Use, you hereby acknowledge and agree that:

a. When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of these Terms of Use.

b. We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.

c. Our websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help us analyze how visitors use the Services. The information generated by the cookie about your use of our Services will be transmitted to and stored on Google servers and may be accessed by us. Google uses this information to help us evaluate how our websites are used. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Third party sites and services you access through our Services may also employ cookies.

18. Non-U.S. Residents

The Services are controlled and operated by FDI from its offices within the State of California, United States of America. FDI makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. Indemnity

You agree to indemnify, defend and hold FDI, its Third Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with these Terms of Use or your violation of any third party right or your violation of any law, rule or regulation of the United States or any other country.

20. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to FDI and/or its Third Party Providers for which monetary damages would not be an adequate remedy. Accordingly, FDI shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under these Terms of Use or applicable law, without the need to post bond or other form of security, or provide proof of damages.

21. Dispute Resolution

a. Informal Resolution

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use or the Privacy Policy  (“Dispute”), you and FDI agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.

b. Binding Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, FDI may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which FDI or its assigns may be entitled under these Terms of Use or applicable law, in the event of any actual or threatened breach of these Terms of Use by you or on your behalf, FDI would be irreparably damaged if these Terms of Use were not specially enforced and, as such, you agree that FDI shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of FDI’s products or services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms of Use or any of FDI’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FDI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FDI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

c. JURY WAIVER.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

d. Restrictions

You and FDI agree that any arbitration shall be limited to the Dispute between FDI and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

e. Exceptions to Informal Resolution and Binding Arbitration

You agree that FDI may choose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of FDI’s or its Third Party Providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by FDI for injunctive or other equitable relief.

 

f. Location and Jurisdiction

Any arbitration will be initiated in and take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 21(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of such courts.

 

g. Severability

You and FDI agree that if any portion of this Section 21 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 21(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 21(d) is found to be illegal or unenforceable then neither you nor FDI will elect to arbitrate any Dispute falling within that portion of Section 21(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of that court.

 

h. Right to Opt Out.

You may opt out of this agreement to arbitrate. If you do so, neither you nor FDI can require the other to participate in an arbitration proceeding. You may opt out by emailing us at support@fingerprintplay.com or sending us written notification at Fingerprint Digital, Inc., 240 Stockton St., San Francisco, CA 94108, Attn: Legal Department. You must notify us by emailing or posting within 30 days of the date that you first became subject to this arbitration provision, and must your notification must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us. Unless you choose to opt out, this dispute resolution provision in Section 13 shall survive termination of the Terms.

 

22. Governing Law

Except as expressly provided otherwise, these Terms of Use shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

 

23. Miscellaneous

Notwithstanding Section 21(g), if any other provision of these Terms of Use shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from these Terms of Use, and the validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby. These Terms of Use constitute the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 6, 7, 9, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23 shall survive the expiration, termination or cancellation of the Services and/or these Terms of Use or any determination that these Terms of Use or any portion of these Terms of Use is void or voidable. You may not assign or transfer these Terms of Use or your rights hereunder, and any attempt to the contrary is void. These Terms of Use may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

If you have any questions about these Terms of Use, please direct all correspondence to support@fingerprintplay.com or Fingerprint Digital, Inc., 240 Stockton St., San Francisco, CA 94108, Attn: Legal Department.

Last Updated: July 25, 2018