Privacy Policy

Mobile Privacy Policy

Spin Master Ltd. – PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY AGREEMENT CAREFULLY BEFORE USING THE SERVICE.  Spin Master, Ltd. (“Spin Master”, the “Company” and “we”) have adopted this privacy policy (“Policy”) to help you understand what kinds of personally identifiable information we may gather about you when you use our services, products and visit our website, (collectively, the “Services”).  This Policy describes how we may use that information, whether we will disclose it and how you can correct that information. Please take a minute to read the following Policy so that you understand how we treat your personal information.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS POLICY.  IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.  We reserve the right to update and modify this Policy as needed, so please review it frequently.  Your continued use of the Service after any changes signifies your acceptance to the new Policy.

You should be aware that our advertisers or websites that have links on our Services may collect personally identifiable information about you. We are not responsible for the actions or policies of such websites or services and the Policy does not address the information practices of those websites or advertisers. Your use of the Services is governed by our Terms of Use and by other published rules pertaining to particular products and services offered through the Services.

1.) INFORMATION WE COLLECT

Personally identifiable information refers to your name, home or other address, email address, telephone number, birthday, interests or any other information that tells another person who you are when you volunteer this information.  We may request and collect such information in the course of providing services such as: (i) when you register for Services; (ii) participate in surveys, contests, special offers, give-aways, or promotions; (iii) accessing Services using a third party ID, such as social networking sites or gaming services; (iv) subscribing to newsletters; (v) purchasing a product or services through Spin Master’s online stores; (vi) using “tell a friend”, “email this page”, or other similar features; (vii) requesting technical support.

Please note: Whenever you voluntarily disclose personal information on message boards, in e-mails, or in chat areas on the Services, that information can be collected and used by others. If you post personal information in public places, others may send you unsolicited e-mail messages or attempt to contact you in other ways. Always be cautious about the information you provide online

2.) HOW IS MY PERSONAL INFORMATION USED?

In addition to the purposes described in Section 1, we may actively collect and use email addresses and user names to track usage.  In addition, we may use an email address and user name to ban a user temporarily or permanently from the Services if that user engages in inappropriate conduct on the Services. We also may use information in the aggregate to analyze Services usage, as well as to offer products, programs, or services.

We may disclose information where we are required to do so by law, for example, in response to a court order or a subpoena, or where we disclose information to service providers or other group companies who provide support for the operations of our Services and who do not use or disclose the information for any other purpose. To the extent permitted by applicable law, we also may disclose in response to a law enforcement agencies or other public agency's (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Services, protect the security or integrity of our Services, or enable us to take precautions against liability.

If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer the information collected to a third party as part of that transaction, to the extent permitted by applicable law.

3.) NON-PERSONAL DATA

For purpose of this Policy, “non-personal data” means information that does not directly identify you.  Spin Master may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Spin Master to identify you.  The types of non-personal data Spin Master may collect and use include, but are not limited to: (i) device properties, such as IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) mobile phone carrier; (iii) game progress, time used playing, score and achievements; (iv) other non-personal data as reasonably required by Spin Master to enhance the Services.

4.) COOKIES

We may also collect information that is stored in cookies, and we may associate this information with your personal information.  Cookies are small pieces of information stored on your hard drive, not on our Websites. We use cookies for a number of reasons.  Cookies allow you to store your session or password to avoid having to constantly re-enter your password.  Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use our sites, which in turn helps us to focus our resources on features that are most popular with our users.  You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

5.) LOCATION DATA

We may also make location enabled Services available to you and if you use such Services, Spin Master may collect and process your location data to provide location related Services and advertisements.  For example, some offers may only be available at certain locations.  Spin Master may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address.  Your GPS geo-location is not accessed without your consent.  To the extent Spin Master makes available GPS geo-location to third parties, it will be provided anonymously. 

6.) OPTING OUT

As part of the member registration process on our Services, you may opt out of receiving periodic e-mail messages about products, companies and events by simply telling us that when you give us your personal information. Or, you can easily edit your member profile or “Account” at any time to indicate that you no longer want to receive these messages. From time to time we may e-mail members important information regarding the Services or regarding the use of the Site. Members may not opt out of receiving this information.

7.) SECURITY

We use reasonable efforts to ensure that your personal information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT AND WHILE USING OUR SERVICES.

8.) CONTACT US

If you have questions or wish to send us comments about this Policy, please send an e-mail with your questions or comments to (see email list below) or by mail:
Attention: Privacy Officer
Spin Master, Ltd.
121 Bloor Street East, Toronto, Ontario M4W 1A9 Canada Canada

For more information about this and other fine Spin Master products, please visit
http://www.spinmaster.com

For game-play related support question inquiries, please visit..
http://www.spinmaster.com/contact-us.php

Alternatively, we can be reached directly via email at..

United States - customercare@spinmaster.com
United Kingdom - serviceuk@spinmaster.com
French - servicefr@spinmaster.com
Spanish - servicio@spinmaster.com
German - Kundenservice@spinmaster.com
Dutch - klantenservice@spinmaster.com
Italian – servizio@spinmaster.com

Spin Master Mobile Apps End-User License Agreement

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA" or "AGREEMENT") BEFORE DOWNLOADING, INSTALLING OR USING ANY SOFTWARE PROVIDED BY SPIN MASTER ("SPIN MASTER" OR "WE") OR ENABLING ANY SUCH SOFTWARE (COLLECTIVELY, THE "SPIN MASTER SOFTWARE"). YOU MUST BE ABOVE THE AGE OF THIRTEEN (13) YEARS TO DOWNLOAD THIS SOFTWARE.  THE SPIN MASTER SOFTWARE DOES NOT INCLUDE THIRD-PARTY SOFTWARE (AS DEFINED IN SECTION 2 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 4 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN SPIN MASTER AND YOU. THIS EULA AND THE SPIN MASTER MOBILE PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE "EULA"), GOVERN YOUR ACCESS TO AND USE OF THE SPIN MASTER SOFTWARE.

In the event there is a contradiction between this EULA and the Spin Master Mobile Privacy Policy, the Spin Master Mobile Privacy Policy will control.

Spin Master is willing to license the Spin Master Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" button (or similar language provided by us) or by downloading, installing or using the Spin Master Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.

We recommend that you print out or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity.

If you do not accept this EULA in its entirety, then Spin Master is unwilling to license the Spin Master Software to you and you may not access or use the Spin Master Software. Any use of the Spin Master Software by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.

  1. Modification of These Terms.

Spin Master reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Spin Master materially modifies this EULA it will post the updated EULA in the "Settings Menu" of the Spin Master Software via a hyperlink or by other reasonable means now known or hereafter developed. Spin Master will also update the "Last Updated Date" at the end of this Agreement. By continuing to use the Spin Master Software after Spin Master has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Spin Master Software. This Agreement will also govern any software upgrades and/or updates provided by Spin Master that upgrade and/or supplement the Spin Master Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

  1. The Spin Master Software and Third Party Software.
    1. Spin Master provides a platform that allows third parties to customize the Spin Master Software and distribute it to you ("Publishers"). Following your agreement to this EULA, the Spin Master Software is installed on your mobile device. The Spin Master Software may include web search box(es) and other features. Such installed search features are further detailed in section 3 below. In addition, the installation of the Spin Master Software may enable Spin Master to access, use and collect a variety of information, both personal and non-personal, regarding your usage of the Spin Master Software, and information about your mobile device (additional information is further detailed in section 3 below).
    2. The Publishers customization of the Spin Master Software may take the form of adding data, information, links, web pages, images, software and code, text, photos, audio or video sounds, and/or visual works and components to the Spin Master Software (collectively "Third Party Software"), and then distributing it to you (the "Customized Software"). Spin Master does not have control of and does not take any responsibility for anything a Publisher adds to the Spin Master Software, which may include without limitation, naming the Spin Master Software. Some Publishers may distribute the Customized Software as stand-alone software and some may distribute it as part of a package containing the Customized Software bundled with Third Party Software. Third Party Software is the responsibility of the Publishers and not Spin Master. Some Third Party Software and/or Customized Software may contain Cookies or other tracking mechanisms. As used herein "Cookie" means a small piece of information that is placed on your device’s Browser while you are viewing a website or using the Spin Master Software, the Customized Software and/or the Third Party Software. Some of the Third Party Software may pop-up on the screen of your mobile device. Because Customized Software is installed on your mobile device, the Customized Software takes up storage space on your mobile device hard-drive. The amount of storage space will vary based on the size of the Customized Software and any Third Party Software available to you from it. Some of the data stored in this storage space may include your personal information. Please review the policies of the Third Party’s and/or Publishers for information about their practices.
    3. Third Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third Party Software is subject to these terms and conditions and privacy policies. Third Party Software is not owned by Spin Master. Spin Master is not responsible for any Third Party Software and you acknowledge that Third Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third Party Software and Spin Master hereby disclaims any and all liability to you or any third party related thereto. Spin Master does not have any obligation to examine or scan Third Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Software. The fact that a Third Party Software is available via the Spin Master Platform or otherwise is not an endorsement, authorization or representation of Spin Master's affiliation with any third party, nor is it an endorsement of such Third Party Software and you hereby waive any legal or equitable rights or remedies you have or may have against Spin Master with respect thereto.
    4. In addition, Spin Master, as a platform provider, provides Publishers and other third parties with a large number of tools to enable them to create interesting and unique apps, buttons and gadgets that they may distribute to you. Some of these tools may give these third parties the ability to access, collect, store and/or share your information. As Spin Master is merely the provider of the technology and these third parties are electing to integrate it in their Customized Software and make it available to you, such apps, buttons and gadgets are also considered Third Party Software.

 

  1. License to Software and Use.
    1. Conditioned upon your compliance with the terms and conditions of this EULA, Spin Master hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the Spin Master Software on a single device (whether mobile device or other), solely for your personal use, provided that you use the Spin Master Software on a device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Spin Master Software for backup purposes. Spin Master reserves all rights in the Spin Master Software not expressly granted to you in this EULA.
    2. With respect to any Third Party Software that may be incorporated with or into any Spin Master Software, you acknowledge and agree that your use of such Third Party Software shall also be subject to its respective usage and privacy terms.
    3. As part of the installation process of the Customized Software, you may be changing your mobile device settings and/or your social network account settings. By installing the Customized Software, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the "Settings Menu" available in the Customized Software, in the configuration options available in your mobile device, from within your social network account or from your mobile device Setting Menu. Such changes may include, without limitation, the following:
      1. Allowing software updates of the Spin Master Software once a new version is released and the ability to send notifications.
      2. Allowing the Publishers to send push notifications.
      3. Allowing Spin Master access to location-based information.
      4. Allowing Spin Master access to information contained on your Social Network account (which you must explicitly and separately opt in to).

To uninstall the Customized Software, you may use the standard uninstall procedures offered by your device's Operating System.
For example: To uninstall the Customized Software from your mobile device: please refer to your mobile device instructions manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Customized Software you wish to delete until it shakes, you will get an "x" in the corner of the Customized Software icon and you can touch the "x" to delete the Software.

    1. You may not use the Customized Software in any manner that could: (i) damage, disable, overburden, or impair the Customized Software (or any server or networks connected to any the Customized Software), or (ii) interfere with any third party's use and/or enjoyment of the Customized Software (or any server or networks connected to the Customized Software).
  1. License Restrictions.
    1. Except as expressly specified in this EULA, you may not: (a) copy or modify the Spin Master Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Spin Master Software to any third party; or (c) use the Spin Master Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Spin Master Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Spin Master and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Spin Master Software provided in object code or any other Spin Master products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
    2. Any Open Source Software that may be accompanying the Spin Master Software is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" mean open source software components provided with the Spin Master Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Spin Master Software. This EULA does not apply to any Open Source Software accompanying the Spin Master Software and Spin Master hereby disclaims any and all liability to you or any third party related thereto.

 

  1. Updates; Additional Services; Tests.
    1. The Spin Master Software may automatically download and install updates from Spin Master, from time to time. These updates are designed to improve, enhance and further develop the Spin Master Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Spin Master to deliver these to you) as part of your use of the Spin Master Software.
    2. Further, you agree that by using the Spin Master Software you may periodically send technical data and related information to Spin Master to facilitate the provision of updates, product support and other services to you, if any, related to the Spin Master Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or internet Browser and/or system. Additionally, you agree Spin Master may conduct A/B testing and change the look and feel of the Spin Master Software or add additional features in order to improve your experience with the Spin Master Software.
    3. Your only recourse if you are unhappy with any of the modifications to the Spin Master Software is to uninstall the Customized Software.
  1. Proprietary Rights.
    1. The Spin Master Software is licensed, not sold to you. You acknowledge and understand that Spin Master owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The Spin Master Software is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Spin Master Software as delivered to you.
    2. All rights in the Third Party Software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. Spin Master is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software.

 

  1. Privacy and Legal Rights
    1. The Spin Master Privacy Policies contain information about Spin Master's data protection policies and explains how Spin Master accesses, collects, uses and/or shares information that is generated by your use of the Customized Software. You consent to Spin Master’s use of your data in accordance with Spin Master's Privacy Policies.
    2. If search is available in your Spin Master Software, please note that Spin Master collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services.
    3. Spin Master prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by Spin Master, in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy right has been violated while using the Customized Software or Third Party Software, Spin Master encourages you to report such matters to Spin Master at your earliest convenience (to report, please visit the "Customer Care" section at the Spin Master website, at http://www.spinmaster.com). Spin Master will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Spin Master's commitment to providing a positive user experience.
  1. Your Obligations.
    1. You hereby acknowledge and agree to only use the Spin Master Software as permitted in this EULA.
    2. You agree to comply with all applicable laws, rules and regulations when using the Customized Software. You will not use the Customized Software to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.
    3. You agree that you are solely responsible for (and that Spin Master has no responsibility to you or to any third party) your use of the Customized Software, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Spin Master may suffer) of any such breach.

 

  1. No Obligation.

Spin Master is not obligated to maintain or support the Spin Master Software, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the Customized Software, you may encounter Third Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Customized Software at your own risk and that Spin Master shall not have any liability to you with respect to such content.

  1. Government Users.

Any use, duplication, or disclosure of the Customized Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is Spin Master Ltd.

  1. Export Laws.
    1. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Customized Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Customized Software nor any technical data related thereto nor any direct product thereof to any US embargoed country.
    2. By downloading and using the Customized Software, you further represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. Disclaimer of Warranties.

In addition to the limitations of Spin Master’s liability expressly contained in this Agreement, Spin Master further disclaims any warranty related to acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Software. THE SPIN MASTER SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SPIN MASTER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPIN MASTER OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. SPIN MASTER DOES NOT REPRESENT OR WARRANT THAT: (I) THE SPIN MASTER SOFTWARE OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SPIN MASTER SOFTWARE OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SPIN MASTER SOFTWARE, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SPIN MASTER SOFTWARE OR ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE SPIN MASTER GROUP (DEFINED BELOW) AND SPIN MASTER'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. SPIN MASTER MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SPIN MASTER SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SPIN MASTER SOFTWARE OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SPIN MASTER SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE CUSTOMIZED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

IN NO EVENT WILL SPIN MASTER, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "SPIN MASTER GROUP") AND SPIN MASTER'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SPIN MASTER SOFTWARE OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE SPIN MASTER GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SPIN MASTER'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SPIN MASTER SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnification.

To the maximum extent permitted by law, You agree to defend, indemnify and hold the Spin Master Group harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Customized Software, including your downloading, installation, or use of the Customized Software, or your violation of this EULA.

  1. Term and Termination.

Your license to use the Spin Master Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use of all or any of the Customized Software and by destroying all copies of the Customized Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Spin Master's option either promptly destroy or return to Spin Master all copies of the Customized Software in your possession or control. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.

  1. Miscellaneous.

(a) This EULA and all the policies referenced herein constitute the entire agreement between Spin Master and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Spin Master. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Customized Software shall be brought in the competent court in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that Spin Master will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Spin Master reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without Spin Master's consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and Spin Master, and you do not have any authority to create any obligation or make any representation on Spin Master's behalf. (j) If you have any questions about the Software, please visit our website at www.spinmaster.com.

  1. Third Party Beneficiaries.

Please note that when accessing the Customized Software you may also be subject to the terms of use of other third parties. You acknowledge that third party application marketplaces (including but not limited to the Apple App Store, the Google Android Marketplace, the Microsoft Windows Phone 7 Marketplace) may be third party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a third party beneficiary . You further acknowledge and agree that such parties are not parties to this EULA other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.

  1. Software Questions, Comments, and Contact Information.

If you have any questions, complaints and/or claims, you may contact Spin Master at:

 Last updated: May 2013

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