Privacy Policy

Effective Date: June 12, 2014

This is the Privacy Policy of YIX, Inc. (“YIX” or “we”). Please read this Privacy Policy carefully; we want you to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use the YIX App. By downloading, registering with or using the YIX App, you agree to the terms in this Privacy Policy. This Privacy Policy may change from time to time please see Changes to this Policy Section below for a summary of changes. Your continued use of this App after we make changes is deemed your acceptance of those changes, so please check the Privacy Policy periodically for updates.

This Privacy Policy describes:

This Privacy policy applies only to information we collect in this App, in e-mail, text and other electronic communications set through or in connection with this App.

This policy DOES NOT apply to information that:

Our other websites and apps, the websites and apps of third parties and any other third party you provide information to each have their own privacy practices and/or policies. We encourage you to read their policies before providing information on or through them.

Children under the Age of 13

The App is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at legal@yix.io.

Information We Collect and How We Collect It

We collect the following kinds of information from and about users of the App, each of these sections is discussed in more detail below.

Information You Provide to Us

When you download, register with or use this App, you may be asked to provide the following information:

We may associate all of the information above with other information provided to us, or with automatically collected information.

Automatically Collected Information and Tracking

When you download, access and use the App, we may automatically collect:

We may associate the information above with other information we receive from you or other automatically collected information.

The technologies we use for automatic information collection may include:

We may associate automatically collected information with information your provide us.

Third-party Information Collection

When you use the App, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about any third party’s practices you should contact the responsible provider directly.

If you make in-App purchases via Apple / iPhone devices the following privacy policy governs your purchase and related information: http://www.apple.com/privacy/.

How We Use Your Information

We use information that we collect about you, or that you provide to us, to:

Disclosure of Your Information

In addition, we may disclose personal information that we collect or that you provide:

We do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure.

Your Choices about Our Collection, Use and Disclosure of Your Information

You may stop all collection of information by the App by uninstalling the App from your device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

You may opt out of App notifications by disabling or changing the related functionality or setting in your device.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page. You may also send us an e-mail at legal@yix.io to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may not be able to delete all information about your use of the App, in which case we will let you know what information cannot be deleted and why.

If you delete your contributions (such as custom GIFs or custom prompts) from the App, copies of your contributions will remain viewable, and may be copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.

Data Retention Policy, Managing Your Information

We will retain information for as long as you use the App and for a reasonable time thereafter. If you’d like us to delete your information that you have provided via the App, please contact us at legal@yix.io and we will respond in a reasonable time. Please note that some or all of the information you provide may be required in order for the App to function properly. If you uninstall the App we may continue to retain certain information about you and your use of the App.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

Summary of Changes: No Changes to Date.

Contact Information

If you have questions about this privacy policy and our privacy practices, contact us at:

YIX, Inc.
PO BOX 6542
Portland, OR 97228

Or

Legal@yix.io






End User License Agreement & Terms of Use

This is an agreement between you, the YIX user, and us, YIX Inc. ("Agreement"). This Agreement governs your use of the YIX mobile game application ("App"). The stuff we talk about in this Agreement is important – it includes the rules that apply to your use of our App and it has legal significance. You should read this Agreement carefully because it is legally binding. You can get kicked out of a game, off the App, or you might get sued if you violate this Agreement. No one wants that.

BY CLICKING THE "AGREE" BUTTON, OR BY DOWNLOADING, INSTALLING OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 17 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

YIX reserves the right, in our discretion, to change, modify, add or remove portions of this Agreement at any time by posting the amended Agreement within the App. We may give you notice of changes to this Agreement in other ways, like push notifications or email, in our discretion. We will assume that you have accepted any changes if you continue to use the App - and for legal purposes, you will be deemed to have accepted the changes.

1. Your Right to Use the App. As long as you comply with the terms of the Agreement, YIX grants you the limited, non-exclusive, non-transferable right to download, install and use the App for your personal, non-commercial use on supported mobile devices which are owned or controlled by you (“Device”). YIX licenses the App to you; we don’t sell it to you. You do not have (or acquire) any ownership rights in the App. We retain all right, title and interest in everything that makes up the App, its features, arrangements, the images or content we create and provide in the App, and including copyright, trademark, patent or other intellectual property rights related to the foregoing. We can, and we may, discontinue the App or any feature or service at any time, with or without notice.

2. Rights You Don't Have. You cannot, and we do not grant you the right to: (i) copy the App; (ii) modify, translate, adapt or otherwise create derivative works or improvements of the App; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App; (iv) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the Application, to any third party for any reason, including by making the App available on a network capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App. When we talk about the App in this Section we mean all parts of the App, including features, elements, technology, look and feel or other creative elements we own.

3. Using the App.

4. Rules of Conduct. The App gives you access to features that allow you to respond to prompts from other App users with GIFs. It’s supposed to be funny. It’s supposed to be edgy. There’s a lot of fun stuff you can do with the App. There’s a lot of “bad” stuff you can do with the App. Sometimes bad stuff is fun; sometimes bad stuff is not fun. This Section includes a list of stuff you absolutely cannot do – it is not exhaustive. If we decide, in our sole discretion, that your actions harm or negatively affect the App experience or other users we will kick you off the App. Seriously: we reserve the right to terminate or suspend your access to the App for any reason.

We reserve the right, but have no obligation, to monitor any communications within the YIX Inc. or activities within the App.

5. We Will Make Changes to the App. We will likely develop and provide new features, or updates which may include upgrades, bug fixes, patches and other error corrections (“Updates”). Updates may also modify or delete certain features or functionality. We aren’t obligated to provide Updates or to enable any particular feature or functionality. Updates may happen automatically or you may need to initiate the Update. If you do not update the App, the App may not operate properly. All Updates are a part of the App and are subject to this Agreement.

6. Term and Termination. This Agreement starts when you download or install the App and will continue until one of us terminates it. You can terminate the Agreement by deleting the App and all copies of the App from your Device. However, when you terminate or delete the App, the Content you provided within the App will live on until we delete it. YIX may terminate this Agreement at any time without notice. This Agreement terminates immediately if you violate its terms. On termination, you have to stop using the App and delete all copies of the App from your Device. We reserve all rights at law and in equity.

7. Disclaimer of Warranties. THE APP IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YIX AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, YIX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YIX OR ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ($100).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR YIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

9. Indemnification. You agree to indemnify and hold harmless YIX if you breach this Agreement or if you misuse the App – this means that if YIX is sued, damaged or incurs any other liability to another person because of your breach, you are responsible for the costs and damage we incur due to your breach. More specifically, you agree to indemnify, defend and hold harmless YIX and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. YIX assumes no responsibility for the Content you submit or make available through this App or the Content others submit.

10. Disputes. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Any legal suit, action or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in Portland, Multnomah County.

11. Assignment. YIX may assign or delegate this Agreement, including the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement or the Privacy Policy without YIX’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

12. Notice. Notices to YIX may be sent to legal@yix.io, or

YIX, Inc.
PO BOX 6542
Portland, OR 97228

13. General Legal Terms. If any provision of this Agreement is determined to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement is governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. The App is provided for access and use only by persons located in the United States. We aren’t responsible for compliance with laws outside of the United States. This Agreement and our Privacy Policy constitute the entire agreement between you and YIX with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Digital Millenium Copyright Act.

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on in the App in a way that may constitute copyright infringement, you may provide notice of your claim to YIX’s Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the App;

(iv) Information reasonably sufficient to permit YIX to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(vii) YIX’s Designated Agent is:

ATTN: Legal; DMCA
YIX, Inc.
PO BOX 6542
Portland, OR 97228

If your content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to the YIX Designated Agent identified above that sets forth the following items:

  1. An identification of the URLs or other unique identifying information of material that YIX has removed or to which YIX has disabled access;
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
  3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your physical or electronic signature.
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