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(Last Updated 24 May 2018)
BACKFLIP’S PRIVACY COMMITMENT
Some of our Apps involve strategic gameplay and are directed toward experienced gamers, and some are intended for general audiences. We recognize that children may enjoy playing some of our general audience Apps and include age gates in those experiences. When a user indicates that the user is under 13 years old through an in-App age gate, we do not request that the user provide personal information to us or otherwise collect personal information from the user through that App, except as described below in this “Children’s Privacy” section.
The Types of Information We Collect From Children
We make efforts to avoid collecting personal information from children, except in those instances under the Children’s Online Privacy Protection Act (COPPA) and COPPA Rule or other applicable laws where personal information may be collected without parental consent.
We also collect some general information from a child’s device such as device type, operating system, application software, and other metadata (such as timestamps) about use of the App and may connect it with the DID or other information described above.
Some of this information may be collected using cookies and similar tracking technology, and by third parties as explained further under the “Information We Collect About Children From Third Parties” heading below in this “Children’s Privacy” section.
How We Use Children’s Information
Information You Provide
We collect any information that you provide directly to us through use of one or more of our Apps, whether you provide that information through gameplay or other in-App interactions, such as contacting us for support, providing feedback about App features or functionality, or responding to a survey. This information may include:
We may also collect your age in some of our Apps to determine whether you are old enough for certain App features. If you indicate that you are under 13, the App features that we make available to you are slightly different and governed by the Children’s Privacy section above.
Information We Automatically Collect
When you use one of our Apps we automatically collect certain information, including the following:
We also collect some general information from your device such as device type, operating system, application software version, and other metadata (such as timestamps) about your use of our Apps and may connect that information with your DID or the other information described above.
If you make any in-App purchases for yourself or your child, we also automatically collect or receive information related to those purchases from the platform provider (e.g., Apple or Google). This may include:
Some of this information may be collected using cookies and similar tracking technology, and by third parties as explained further under the heading “Information We Collect From Third Parties” below.
Our Apps may also periodically examine the contents of your device to determine the presence of other Backflip Apps on the device. The Apps transmit the results of that examination to Backflip and our advertising service providers to be used in targeting advertisements to your device. For example, if you have PaperToss and NinJump installed on your device, when you play PaperToss, we will not send you ads for NinJump and will instead send you other, more relevant ads. When you start or stop an App, it may display an ad, and during gameplay a rotating banner ad may be displayed.
We may also automatically collect information related to the overall effectiveness of our advertising campaigns via our advertisements delivered on third party websites, apps and services (“Our Ads”). For example, we may collect information related to the number of people who click on Our Ads, and the number of people who download one of our Apps or other products via Our Ads. We may combine the information we collect via Our Ads with other information we collect via our Apps.
We work with a number of third parties who collect information via our Apps, including:
Third Party Advertising
We use the personal information and other information collected through our Apps for the following purposes:
We may disclose your personal information to the following categories of recipients:
If you are a user from the European Economic Area (“EEA”), our legal basis for collecting and using the personal information described above depends on the personal information concerned and the specific context in which we collect it.
However, we normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as our Terms of Service), (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent (or your parent or guardian’s consent, if you are a child) to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Apps, or communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.
We use and periodically review our technical and organisational security measures in an effort to protect the personal information that we collect and process about you. For example, Backflip strives to provide only those employees performing a legitimate business function with access to users’ personal information.
Despite our efforts, please be aware that no security measure is ever perfect or impenetrable. To that end, Backflip will notify users of a data breach when Backflip determines that is reasonably necessary in accordance with applicable law.
Our servers are located in the United States, and our group companies and service providers and partners operate in the United States, Europe, and in countries outside of the EEA. This means that when we collect your personal information, we or others may process it in any of these countries.
We retain personal information we collect from you for legitimate business purposes, and/or as long as is reasonably necessary to provide you with access to our Apps or our other products or services. Backflip will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
If you are a resident of the EEA, you have the following data protection rights:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Since 2005, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and would like this information, please contact us using the details set out under the “How to contact us” section below.
If you have any questions or concerns about our use of your personal information, please contact us using the following details:
Backflip Studios, LLC
Attn: Legal Department
1690 38th St.
Boulder, CO 80301
The data controller of your personal information is Backflip Studios, LLC.
For DPO requests, please contact us at DPO@hasbro.com.
Effective Date: May 27, 2016
If you are a consumer who resides in the European Union, you have the right to cancel your installation, use or access to the Application and Service without charge before doing so. However, you will lose such right to cancel once you download, access or use the Application or Service. This does not affect your consumer rights where the Application or Service is defective. In the United Kingdom you can obtain advice on your legal rights as a consumer from your local citizen’s advice bureau or trading standards office.
1. Updates and Modifications
1.2 Modifications to Services. You understand that the Application and Services are evolving. As such, Backflip also reserves the right, at its discretion, to change, modify, update, suspend, restrict, or alter your access to any features or parts of the Application or Service, and may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Application might change the system specifications necessary to use the Application, and in such a case, you, and not Backflip, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Application. You acknowledge that when an upgrade is available, previous versions of the Application may cease to be available or no longer be supported by Backflip.
2. Use of Services
2.1. Grant of a Limited License to Use the Service
2.1.2 Necessary Equipment. The Service may require an internet connection to access internet-based features, authenticate the Service, or perform other functions. You acknowledge that you may be charged by your service provider, and shall be responsible for any such charges, for internet access.
(a) Account Registration. In order to access certain features of the Backflip Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the Backflip Properties (“User”) who has registered an account on the Application (“Account”), has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”), or has an account with the provider of the Application for the User’s mobile device.
(c) Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Backflip Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Backflip Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Backflip immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Backflip has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Backflip has the right to suspend or terminate your Account and refuse any and all current or future use of the Backflip Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Backflip reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Backflip Properties if you have been previously removed by Backflip, or if you have been previously banned from any of the Backflip Properties.
(a) Engage in any act that Backflip deems to be in conflict with the spirit or intent of the Backflip Properties or make improper use of Backflip’s support services;
(b) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to modify or interfere with the Backflip Properties, any Backflip game or any Backflip game experience or, without Backflip’s express written consent, modify or cause to be modified any files that are a part of the Service or any Backflip game;
(c) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any other Backflip game environment;
(d) Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Backflip Properties, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
(e) Attempt to gain unauthorized access to the Backflip Properties, Accounts registered to other users, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Backflip, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Backflip Properties;
(f) Post any content or information that is: abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by Backflip.
(g) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, Backflip employees;
(h) Make available through the Backflip Properties any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including, but not limited to, Backflip employees;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Backflip Properties or any Backflip game, or to obtain any information from the Backflip Properties or any Backflip game using any method not expressly permitted by Backflip, except to the extent that such activities may not be prohibited by law, and in such circumstances provided that the information you obtain during such activities is:
(i) only used for the purpose of achieving the inter-operability of the Backflip Properties with another software program;
(ii) not disclosed or communicated to any third party without Backflip’s prior written consent; and
(iii) not used to create any software that is the same or similar to the Backflip Properties.
(j) Solicit or attempt to solicit personal information from other users of the Backflip Properties or any Backflip game or collect or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
(k) Use the Backflip Properties in any way that could be considered illegal or immoral, which in some jurisdictions (including the United States) would include gambling or wagering;
(l) Breach any technology control or export laws and regulations that apply to the technology used or supported by the Backflip Properties;
(m) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
(n) Use the Backflip Properties for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation; or
(o) Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Backflip Properties (including your Account), or access to or use of the Backflip Properties.
3. User Generated Content
3.1. No Obligation to Pre-Screen User Content
(a) Types of Content. You acknowledge that all Content, is the sole responsibility of the party from whom such Content originated. This means that you, and not Backflip, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Backflip Properties (“Your Content”), and that you and other Users of the Backflip Properties, and not Backflip, are similarly responsible for all Content they Make Available through the Backflip Properties (“User Content”). Accordingly, Backflip assumes no responsibility for the conduct of any User Content.
3.2. Public Forums; Your Content
(a) Public Discourse. The Backflip Properties may include various forums, blogs and chat features (“Forums”) where you can post Content, including, but not limited to, your observations and comments on designated topics. Backflip cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Backflip Properties. Backflip shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk. Backflip reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Backflip neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Backflip. Backflip is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Backflip be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums.
(b) Your Content
(i) License to Your Content. You hereby grant to Backflip an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Backflip Properties, including marketing and promotions of the Backflip Properties.
(ii) Waiver of Moral Rights. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
(iv) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Backflip Properties, including, but not limited to, the virtual goods or currency appearing or originating in any Backflip game, whether earned in a game or purchased from Backflip, or any other attributes associated with an Account or stored on or in the Backflip Properties. Backflip prohibits and does not recognize any purported transfers of virtual property effectuated outside the Backflip Properties, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Backflip Properties. Accordingly, you may not trade, sell, or attempt to sell in-game items or currency for “real” money, or exchange those items or currency for value of any kind outside the game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
(c) User Interactions
(i) Interactions with Other Users. You are solely responsible for your interactions with other users of the Backflip Properties and any other parties with whom you interact through the Backflip Properties. Backflip reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Backflip to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Backflip access to any password-protected portions of your Account.
(ii) Release. If you have a dispute with one or more users, you release Backflip (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
(a) Virtual Currency & Virtual Items. In the Services, you may purchase, with “real world” money, a license to use (a) “virtual currency,” including, but not limited to, virtual coins, cash, tokens or points, all for use in Backflip games (“Virtual Currency”); (b) “virtual in-game items” (together with “Virtual Currency,” “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third-party virtual currency such as Facebook Credits. ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICES ARE NON-REFUNDABLE. Backflip prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for “real” money, or exchange those items or currency for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
(b) Not Legal Tender. Virtual Currency does not expire. There are no dormancy or other fees applicable to Virtual Currency. Virtual Currency may only be redeemed toward the purchase of Virtual Items or Merchandise. Backflip may, in its sole discretion, permit users to redeem Virtual Currency balances for its cash value, or replace it with new Virtual Currency at no cost to the User. Virtual Currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash (except as described above) or applied to any other Account, except to the extent described herein, or as required by applicable law. VIRTUAL ITEMS AND MERCHANDISE CAN NEVER BE REDEEMED FOR REAL MONEY, GOODS, OR ANY OTHER ITEM OF MONETARY VALUE FROM BACKFLIP OR ANY OTHER PARTY. YOU UNDERSTAND THAT YOU HAVE NO RIGHT OR TITLE IN VIRTUAL ITEMS OR MERCHANDISE. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
(c) EU Users. If you are a consumer who resides in the European Union, you have the right to cancel the purchase of a license to use Virtual Items and Merchandise within seven (7) working days after the date of purchase (“Cooling Off Period”). However, this right to cancel is lost once if the supply of the Virtual Items or Merchandise begins before the end of the Cooling Off Period. As the supply of the Virtual Items and Merchandise begins promptly after you purchase a license for Virtual Items and Merchandise, you acknowledge that by agreeing to purchase any such license you lose your right of cancellation.
4.2. Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Backflip may revise the pricing for the goods and services offered through the Service at any time. Backflip may also provide links to other websites or third party services, some which may charge separate fees, which are not included in any fees that you may pay to Backflip. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. YOU ACKNOWLEDGE THAT BACKFLIP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Intellectual Property
Except with respect to Your Content and User Content, you agree that Backflip and its suppliers own all rights, title and interest in the Backflip Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Backflip game client, and the Backflip game clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, the Services, or the Backflip Properties. Backflip’s name, stylized “B”, and other related graphics, logos, service marks and trade names used on or in connection with the Backflip Properties or in connection with the Services are the trademarks of Backflip and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Backflip Properties are the property of their respective owners.
7.1 Generally. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR DOMESTIC AND PRIVATE USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BACKFLIP DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 Disclaimer of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BACKFLIP PROPERTIES. YOU UNDERSTAND THAT BACKFLIP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE BACKFLIP PROPERTIES.
8. Limitation of Liability
8.4 User Content. THE BACKFLIP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
9. Arbitration Agreement; Class Waiver; Waiver of Jury Trial
Please read this Arbitration Agreement carefully. It is part of your contract with Backflip and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
9.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Backflip should be sent to:
PO Box 7420
Boulder, CO 80306
After the Notice is received, you and Backflip may attempt to resolve the claim or dispute informally. If you and Backflip do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
9.4 Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
9.5 Time Limits. If you or Backflip pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
9.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Backflip in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BACKFLIP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
9.10 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
9.11 Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
9.12 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Backflip.
9.13 Small Claims Court. Notwithstanding the foregoing, either you or Backflip may bring an individual action in small claims court.
9.14 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
9.15 Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado, for such purpose.
10. Term and Termination.
10.2 Termination of Services by You. If you want to terminate the Services provided by Backflip, you may do so by (a) notifying Backflip at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Backflip’s address set forth below.
(b) Delete any of Your Content provided by you or your agent(s) to the Backflip Properties;
(c) Discontinue your registration(s) with the any of the Backflip Properties, including any Services or any Backflip community;
(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) Pursue any other action which Backflip deems to be appropriate.
12 General Provisions
12.4 Electronic Communications. The communications between you and Backflip use electronic means, whether you visit the Backflip Properties or send Backflip e-mails, or whether Backflip posts notices on the Backflip Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Backflip in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Backflip provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
12.8 Notices. Where Backflip requires that you provide an e-mail address, you are responsible for providing Backflip with your most current e-mail address. In the event that the last e-mail address you provided to Backflip is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Backflip’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Backflip at the following address:
PO Box 7420
Boulder, CO 80306
Such notice shall be deemed given when received by Backflip by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
12.9 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Backflip Properties, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
12.10 Force Majeure. Backflip shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Backflip, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond Backflip’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
12.13 Export Control. You may not use, export, import, or transfer the Backflip Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Backflip Properties, and any other applicable laws. In particular, but without limitation, the Backflip Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Backflip Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Backflip Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Backflip are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Backflip products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
12.14 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
12.16 International Provisions. The following provisions shall apply only if you are located in the countries listed below.
(b) Germany. Notwithstanding anything to the contrary in Section 8, Backflip also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
13. Additional License Terms for use of the Service in conjunction with the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
13.1 You acknowledge and agree that (i) the Terms are concluded between you and Backflip only, and not Apple, and (ii) Backflip, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
13.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
13.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Backflip and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Backflip.
13.4 You and Backflip acknowledge that, as between Backflip and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
13.5 You and Backflip acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Backflip and Apple, Backflip, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
13.6 You and Backflip acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
13.7 Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.