BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use the application on Windows devices or Xbox consoles as described in our Usage Rules. Microsoft reserves the right to modify our Usage Rules at any time.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.
b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.
3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
a. Work around any technical limitations in the application.
b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
d. Publish or otherwise make the application available for others to copy.
e. Rent, lease, or lend the application.
f. Transfer the application or this agreement to any third party.
4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website (http://go.microsoft.com/fwlink/?LinkId=242130).
6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
8. APPLICABLE LAW.
a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.
b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
10. DISCLAIMER OF WARRANTY. The application is licensed “as is,” “with all faults,” and “as available.” You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Microsoft, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers (“Covered Parties”), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can’t change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher.
This limitation applies to:
– Anything related to the application or services made available through the application; and
– Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
It also applies even if:
– This remedy doesn’t fully compensate you for any losses; or
– The application publisher knew or should have known about the possibility of the damages.
Applicable to all products Skyspark and Skyspark Startup (SKYBAND) products.
The following defined terms shall have the meanings set forth below:
• “Financial Information” means information relating to payments and billing (e.g., name, account information, billing address) provided by you. All Financial Information is collected for billing and payment purposes only and will be protected and administered by Skyspark and/or our authorized third party partners.
• “Non-Personal Information” means information that, by itself, does not identify a specific individual or entity (e.g., demographic information, usage data or downloads).
• “Personal Information” means specific identifiable information about an individual or entity which may be used to identify, contact or locate that person or entity (e.g., name, mailing address, Device ID (defined below), email address or phone number).
2. What Information Is Collected?
Information You Provide. Skyspark may receive and store any Personal Information, Financial Information and/or Non-Personal Information that you provide when you interact with Skyspark. Some features and/or functionality of the Skyspark Services may be unavailable if you choose not to share certain information. Skyspark may use information you provide to communicate with you and to improve the Skyspark Services. Here are some examples:
• Email Communications. Skyspark may use your Personal Information to send you newsletters and emails related to promotions and/or events. You can opt out of receiving promotional emails by following the instructions in the relevant correspondence. Once Skyspark has processed your opt-out request, Skyspark will not send you further promotional emails unless you later opt back in. Whether you opt out of receiving promotional emails or not, Skyspark reserves the right to email you with respect to important information, notices or changes relating to the Skyspark Services.
• Contact Us. If you choose to use the “Contact Us” form you will be asked to provide Personal Information, request type of inquiry, and describe the purpose for which you are contacting Skyspark. If Skyspark is aware that you are under the age of 13, Skyspark will delete your email address once your request has been fulfilled.
• Geo-Location Data. Skyspark does not ask you for, access, or track any location based information at any time while downloading or using Skyspark’s mobile applications or services.
• Push Notifications. On occasion, Skyspark will send you push notifications when using Skyspark’s mobile applications regarding alerts to new high scores, as well as other account information that may be important to you. If you no longer wish to receive these types of communications, you may opt-out from receiving them by turning them off at the device level through the settings of the device or by contacting Skyspark at firstname.lastname@example.org.
• Other Information. You may provide other Personal and Non-Personal information whenever you interact with the Skyspark Services, including, without limitation, when you search the Skyspark Services, participate in a contest, survey or questionnaire, place an order, or communicate with Skyspark by phone or email.
With any of the above actions, you may supply Skyspark with information such as your name, address, phone number, alternate contact information, information about your use of the Skyspark Services, personal descriptions and product descriptions.
Information Collected Automatically or Through Technology. Skyspark may receive and store certain Personal Information and Non-Personal Information whenever you interact with Skyspark. While you are able to visit the Skyspark Services and remain anonymous, Skyspark and/or Skyspark’s third-party service providers may still collect Non-Personal Information through technological means. Such information may be gathered by the following methods:
• Device Information. When you download and use the Skyspark Services, Skyspark automatically collects information on the type of device you use, operating system, application version, and the persistent device identifier (“Device ID”). You consent to Skyspark collecting this information.
• Metadata. Metadata is data collected and used to facilitate the Skyspark Services, monitor system usage, prevent fraud, and for other services. Some examples of metadata that Skyspark may collect and analyze include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet, computer and connection information (such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), the full Uniform Resource Locator (URL) click sequence to, through, and from the Skyspark Services, including date and time, cookie number and any products, services or features you use or interact with arising out of or in connection with your use of the Skyspark Services.
• Log files. As true of most websites, Skyspark gathers certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
• Tools. Skyspark may use software tools to measure and collect information about your use of the Skyspark Services, including, without limitation, page response times, upload and file transfer errors, interaction information (such as scrolling, clicks, and mouse- overs), features use, purchase tracking and order fulfillment and methods. Sometimes, you will have a choice whether or not to provide information, but if you fail to provide certain information it could impact some features and/or functionalities of the Skyspark Services.
• Information from Other Sources. Skyspark may receive information about you from Skyspark’s third-party service providers, or other sources such as purchase or redemption information, Skyspark Services usage, payment information, reporting information, page-view information, technical, fulfillment, advertising, search information and credit history information.
• Mobile Analytics. Skyspark uses mobile analytics software to better understand the functionality of its Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. Skyspark does not link the information stored within the analytics software to any personal information you submit within the application.
• Local Storage Objects. Skyspark uses Local Storage Objects (LSOs) such as HTML 5 or Flash to store content information and preferences. Third-parties with whom Skyspark partners to provide certain features on Skyspark’s site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. To manage Flash LSOs, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
3. How Information Is Used, Shared and Disclosed.
Skyspark does not sell, and generally does not disclose, your Personal Information to third-parties without your consent. Parents have the right to consent to collection and use of personal information from their child without also consenting to its disclosure to third-parties, as Skyspark does not share information that may be collected from your child. Skyspark uses Personal, Non-Personal and Financial Information, among other things, to monitor system performance, analyze internal business systems, improve the Skyspark Services, fulfill requests for additional products and services, contact you about promotional and marketing activities, provide customer support, and conduct research. The use and protection of information is an important component of Skyspark’s business. Examples of how Skyspark shares and discloses your information is as follows:
The security of your Personal Information is important to Skyspark. Skyspark follows generally accepted industry standards to protect the Personal Information submitted to Skyspark, both during transmission and once it is received. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, Skyspark cannot guarantee its absolute security. While no security system is completely secure, Skyspark and its third-party partners and vendors take appropriate security measures to protect against unauthorized access or disclosure of the information collected by Skyspark. For Skyspark, this includes, but is not limited to, ensuring that all Personal and Financial Information is disclosed only on a “need to know” basis and ensuring that all Personal Information collected by Skyspark is done so via secured connections and protected and encrypted (using secure socket layer technology, “SSL”) by industrial grade security software to guard against unauthorized access.
Skyspark has third-party ads in free versions of its mobile applications and, provided that you are age 13 or older, Skyspark collects your Device ID and may pass it to advertisers to enable certain advertising. Skyspark does not store or otherwise save your Device ID.
6. Social Media Features and Tools.
7. Google+ or Other OpenID Provider.
You may be able to log in to some of Skyspark’s mobile applications using sign-in services such as Google+ or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with Skyspark such as your name and email address to pre-populate Skyspark’s sign up form. Services like Google+ give you the option to post information about your activities on the Skyspark website to your profile page to share with others within your network.
8. Links to Other Sites.
9. Access/Data Retention.
If you or your child’s information changes, or if you no longer desire the Skyspark Services, you may make corrections and updates, delete inaccuracies, or request deletion or further contact with you or your child, by updating your account information or by contacting Skyspark at email@example.com. Skyspark will respond to your access request within 15 days.
Skyspark will retain you and your child’s information for as long as you or your child’s account is active, or as needed to provide services. If you wish to cancel your child’s account or request that Skyspark no longer use the information to provide services, contact Skyspark at the email address listed above. Skyspark will retain and use the information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
10. Special Notice REGARDING MINORS.
Skyspark does not knowingly collect Personal Information from persons under the age of 13 without parental consent. Skyspark requires device owners to specify their age before any Personal Information is collected. If it comes to Skyspark’s attention that Personal Information has been collected from a person under the age of 13, Skyspark will delete this information as quickly as possible. If you believe that Skyspark may have Personal Information from or about a child under the age of 13, please contact SKYSPARK at firstname.lastname@example.org.
12. Contact Us.