The following defined terms shall have the meanings set forth below:
Information You Provide. Dolphin App may receive and store any Personal Information, Financial Information and/or Non-Personal Information that you provide when you interact with Dolphin App. Some features and/or functionality of the Dolphin App Services may be unavailable if you choose not to share certain information. Dolphin App may use information you provide to communicate with you and to improve the Dolphin App Services. Here are some examples:
With any of the above actions, you may supply Dolphin App with information such as your name, address, phone number, alternate contact information, information about your use of the Dolphin App Services, personal descriptions and product descriptions.
Information Collected Automatically or Through Technology. Dolphin App may receive and store certain Personal Information and Non-Personal Information whenever you interact with Dolphin App. While you are able to visit the Dolphin App Services and remain anonymous, Dolphin App and/or Dolphin App's third-party service providers may still collect Non-Personal Information through technological means. Such information may be gathered by the following methods:
Dolphin App 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 Dolphin App does not share information that may be collected from your child. Dolphin App uses Personal, Non-Personal and Financial Information, among other things, to monitor system performance, analyze internal business systems, improve the Dolphin App 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 Dolphin App's business. Examples of how Dolphin App shares and discloses your information is as follows:
The security of your Personal Information is important to Dolphin App. Dolphin App follows generally accepted industry standards to protect the Personal Information submitted to Dolphin App, 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, Dolphin App cannot guarantee its absolute security. While no security system is completely secure, Dolphin App and its third-party partners and vendors take appropriate security measures to protect against unauthorized access or disclosure of the information collected by Dolphin App. For Dolphin App, 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 Dolphin App 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.
Dolphin App has third-party ads in free versions of its mobile applications and, provided that you are age 13 or older, Dolphin App collects your Device ID and may pass it to advertisers to enable certain advertising. Dolphin App does not store or otherwise save your Device ID.
You may be able to log in to some of Dolphin App'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 Dolphin App such as your name and email address to pre-populate Dolphin App's sign up form. Services like Google+ give you the option to post information about your activities on the Dolphin App website to your profile page to share with others within your network.
If you or your child's information changes, or if you no longer desire the Dolphin App 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 Dolphin App at [email protected]. Dolphin App will respond to your access request within 15 days.
Dolphin App 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 Dolphin App no longer use the information to provide services, contact Dolphin App at the email address listed above. Dolphin App will retain and use the information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Dolphin App does not knowingly collect Personal Information from persons under the age of 13 without parental consent. Dolphin App requires device owners to specify their age before any Personal Information is collected. If it comes to Dolphin App's attention that Personal Information has been collected from a person under the age of 13, Dolphin App will delete this information as quickly as possible. If you believe that Dolphin App may have Personal Information from or about a child under the age of 13, please contact Dolphin App at [email protected].
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Subject to these Terms, Dolphin App grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Dolphin AppвЂ™s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing вЂњDolphin App,вЂќ its affiliates, partners or artists without Dolphin AppвЂ™s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, вЂњhackingвЂќ the Services, or infringing the intellectual property or other proprietary rights of Dolphin App or third-parties.
Additionally, where the Services are a downloadable game and/or application («App»), Dolphin App grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
The Services may include hyperlinks to other websites over which Dolphin App has no control. Dolphin App is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
You may be required to register an account before using certain Services («Account»). You may also be required or have the option to access the Services through a social networking service («SNS»). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Dolphin App does not authorize use of automated methods to sign up for an Account, and Dolphin App reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Dolphin App™ s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Dolphin AppвЂ™s sole and absolute discretion. Dolphin App has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Dolphin App has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Dolphin App reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Dolphin App may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Dolphin App is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Dolphin App discontinues availability of the Service; or (d) you disassociate from the Service.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Dolphin App has the right, but not the responsibility, to monitor or remove Forum Content that Dolphin App believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Dolphin App in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Dolphin App a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Dolphin App or its affiliates, and Dolphin App is not responsible for the accuracy or reliability of same. Dolphin App makes no representations or warranties regarding the Forums.
All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms («Inappropriate Activity»). You can report actual or suspected Inappropriate Activity to [email protected]. Dolphin App reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Dolphin App believes to be harmful, offensive, or otherwise violates these Terms. You agree that Dolphin App will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the «Dolphin App Content») shall remain in Dolphin App and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Dolphin App Content are trademarks, registered trademarks or trade dress of Dolphin App or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Dolphin App Content without prior written consent from Dolphin App.
The Services may allow you to create content («Your Content») that incorporates the Dolphin App Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Dolphin App retains all rights, title and interest in and to the Dolphin App Content. You retain all rights to Your Content; provided, however, that Dolphin App shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Dolphin App's use of Your Content.
Dolphin App LTD MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED вЂњAS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, Dolphin App LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE Dolphin App SERVICES IS AT YOUR SOLE RISK.
Dolphin App LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT Dolphin App LTD IS NOT LIABLE, AND YOU AGREE NOT TO HOLD Dolphin App LTD LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to hold harmless, indemnify and defend Dolphin App, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys™fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Dolphin App reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Dolphin App have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 13, and 14 shall survive any termination.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Dolphin App' express written consent.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Dolphin App agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Dolphin App); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Dolphin App). You and Dolphin App must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
Dolphin App does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Dolphin App with feedback or other ideas, you agree that Dolphin App is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
CONTACT US. If you have questions regarding these Terms, please contact us at: