This Policy was last updated on January 5, 2021.
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:
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.
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 email@example.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 firstname.lastname@example.org that contains the email address you wish to revoke consent for third-party sharing. Alternatively you can call us at:+1 855-543-4263.
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 email@example.com contains the email address or phone number you wish to revoke consent for marketing messages. Alternatively you can call us at:+1 855-543-4263.
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:
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: firstname.lastname@example.org
Call us at:+1 855-543-4263
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: email@example.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 firstname.lastname@example.org 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.
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.
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.
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 email@example.com.
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 firstname.lastname@example.org.
Parental choices and controls: At any time, parents or guardians can review their child's personal information or 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. Once data is deleted it can no longer be collected from the account or be used. 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. If you would like to exercises these rights, contact us at email@example.com or call +1 855-543-4263
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.
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).
2. Grant Of Limited License To Use The Services
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.
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
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
c. Security of Your User Account and Login Information.
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
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:
b. Username Rules
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:
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:
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
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.
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
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108
14. WARRANTY DISCLAIMER
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.
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
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.
20. Injunctive Relief
21. Dispute Resolution
a. Informal Resolution
b. Binding Arbitration
c. JURY WAIVER.
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.
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 firstname.lastname@example.org 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
Last Updated: July 25, 2018