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 online2.) 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 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.
225 King Street West, Suite 200, Toronto, Ontario Canada M5V 3M2
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Spin Master Mobile Apps End-User License Agreement
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
If you have any questions, complaints and/or claims, you may contact Spin Master at:
Last updated: May 2013