Effective Date: June 12, 2014
- The types of information YIX may collect, or information that you may provide when you purchase, download, install, register with, access or use the YIX App (the “App”).
- Our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy DOES NOT apply to information that:
- We collect offline or on any other apps or websites (whether provided by YIX or not), including websites you may access through this App.
- You provide to, or is collected by, any third party (See Third Party Information).
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 [email protected].
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 that you provide directly (See Information You Provide to US)
- Information that is automatically collected when you use the App (See Automatically Collected Information and Tracking)
Information You Provide to Us
When you download, register with or use this App, you may be asked to provide the following information:
- Registration information: First name, last name, e-mail address, password, social media credentials or other identifier, gender, locale data (language and regional data), or age range.
- Responses to surveys: If we ask you to fill out a survey, and you do so, we will collect your response to the survey questions along with personally identifiable information or contact information.
- Reporting Problems: When you report a problem with the App we will ask for personally identifiable information about you, your use of the App and the problem you experienced.
- Correspondence: If you correspond with us via email or other communication method, we may record copies of your correspondence including any contact information you provide us such as address, phone number or the email address from which you correspond.
- Game Details: In the App you may provide us with certain information like custom prompts or custom GIFs which may be associated with other information you provide us or which we automatically collect. When you use the App the Game Details are published or displayed within the game you play within the App. Certain Game Details will be viewable by other App users outside of the game in which they are shared, such as custom prompts or custom GIFs. Your Game Details are transmitted at your own risk. We cannot control the actions of third parties with whom you share your Game Details or other App users. Therefore, we cannot and do not guarantee that your Game Details will not be republished, or viewable by persons outside of the specific game or the App.
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:
- App Usage Details: When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, locale data, logs and other communication data and the resources that you access and use on or through the App.
- Game Details: Details of transactions you carry out through the App, like the in-game actions you make, such as likes, plays, favorites, judges, winning rounds, wins, pick prompts, pick GIFs, custom GIFs, custom prompts, share GIF, flagged GIFs or other game actions. When you use the App the Game Details are published or displayed within the game you play within the App. Certain Game Details will be viewable by other App users outside of the game in which they are shared, such as custom prompts or custom GIFs. Your Game Details are transmitted at your own risk. We cannot control the actions of third parties with whom you share your Game Details or other App users. Therefore, we cannot and do not guarantee that your Game Details will not be republished, or viewable by persons outside of the specific game or the App.
- Device Information: We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
- Stored Information and Files: If you enable a feature within the App which allows the App to access information on your mobile device, the App may access metadata and other information associated with other files stored on your device. This may include, photographs, audio and video clips, contacts and address book information.
- Third Party Account Information: If you choose to access or interact with any third party platform, through your account with such third party platform or otherwise, we may receive information about you from the third party platform. For example, this means is that if you connect to the App through a social media platform like Facebook, Facebook will provide us certain information about your Facebook account, like your Facebook ID picture, username, or contact list.
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:
- Cookies (or mobile cookies): A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
- Web Beacons: Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit YIX, for example, to count users who have visited those pages and for other related App statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
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:
- Analytics companies (aggregated non-identifiable information only)
- Your mobile device manufacturer
- Your mobile service provider
- Other third party platforms such as social media platforms you choose to interact with via the App, app platforms where you download the App
- Payment processors
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.
How We Use Your Information
We use information that we collect about you, or that you provide to us, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us
- Fulfill any other purpose for which you provide the information
- Improve the content or functionality of the App
- Give you notices about your account
- Carry out our obligations or enforce our rights arising from any contracts entered into between you and us
- Notify you when App updates are available, or changes to any products or services we offer or provide through the App
- Respond to your correspondence or to errors in the App
- Protect or detect fraud, intellectual property infringement or other misuse of the App or to investigate claims made
- Estimate our audience size and usage patterns or how you, or users in general, interact with the App
- Store information about your preferences, allowing us to customize our App according to your individual interests
- Recognize you when you use the App
Disclosure of Your Information
In addition, we may disclose personal information that we collect or that you provide:
- To our subsidiaries and affiliates, contractors, service providers and other third parties we use to support our business
- In connection with an event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of YIX Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by YIX, Inc. about our App users is among the assets transferred.
- To fulfill the purpose for which you provide it
- With your consent
- To comply with any court order, law or legal process, including to respond to any government or regulatory request
- To enforce our rights arising from any contracts entered into between you and us, any terms of sale and for billing and collection
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of YIX, Inc. our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- The App uses third party service providers to provide us with analytical data about your use of the App. This aggregated analytics data does not identify any particular user and may be shared with third parties.
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 [email protected] 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.
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 [email protected] 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.
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.
Summary of Changes: No Changes to Date.
PO BOX 6542
Portland, OR 97228
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.
- b. Your Account. In order to use the App, you have to create an account. You are solely responsible for all of the activity within your account. Protect your passwords. In order to register an account with the App, you may be required to have a valid account within a Social Site account (defined below) through which to connect to the App. Other than the Content (defined below) you provide, you have no ownership in your App account.
- c. Content. The App may allow you to submit custom content, like custom game prompts or custom GIFs; we let other users submit this stuff too (“Content”). YIX DOES NOT ENDORSE ANY CONTENT IN THE APP! The Content in the App may offend you or someone else. It may be in poor taste. It may be graphic. It may be a lot of things that you or other people don’t like. We take no responsibility for the Content. When you provide us with Content, you grant us permission to use the Content within the App in any manner, regardless of whether or not this Agreement terminates. More specifically, you grant us a non-exclusive, transferable, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, translate, reformat, alter, transmit, and broadcast your Content, including without limitation, the name or ID you submit in connection with your Content, with or without attribution to you, and without any notice or compensation to you. We may reject, refuse to post or delete any Content for any or no reason. This does not mean that we monitor, or are obligated to monitor, any Content.
- d. In App Purchases. We may allow you to purchase access to special features or consumables within the App. This is not a purchase of physical goods, services or an ownership interest in anything. If you make a purchase, you are purchasing a limited license to a portion of the App program that manifests itself as a service, usage or an item under the terms of the license in Section 1. If we allow you to make purchases via virtual currency, you understand that virtual means that the currency is fake. You can’t exchange it or trade it in for anything. It has absolutely no value.Purchases are non-refundable. All purchases will be carried out through third party payment processors. YIX will not receive any of your financial information. Purchases made via Apple IOS in within the App are made according to the following terms: http://apple.co/1SSgQcV.
- f. Other People’s Stuff. The App will display and make available third-party content, or provide links to third-party websites or services, including through third-party advertising (”Other People’s Stuff”). You acknowledge and agree that YIX is not responsible for Other People’s Stuff, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect. We do not assume liability for Other People’s Stuff and YIX will not be liable to you or any other person or entity for Other People’s Stuff. By “people” we mean individuals or entities.
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.
- You cannot threaten anyone’s safety, or harass, intimidate or abuse any App user.
- You cannot ruin the App experience for anyone . Do not upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the App or other users' computers or generally ruin the experience for everyone. Also, do not upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
- You cannot steal other people’s intellectual property. Do not use, upload, transmit, distribute, or otherwise making available any information made available through the App in a manner that infringes any copyright, trademark, patent, trade secret, or other right of any party. We will yank it down if we get proper notice of infringing material, See Section 19, Digital Millennium Copyright Act.
- Do not attempt to obtain passwords, private information or intercept any other information from other App users or the App. You cannot do this through any mechanism, but here are a few examples: don’t attempt to obtain information through any software that reads areas of RAM or streams of network traffic used by the App to store information about game characters, elements, or environment, use of a network analyzer or packet sniffer.
- You cannot break the law or encourage others to break the law.
- If you are under the age of 17, you cannot create an account or access the App. If you are 17 or over, you cannot allow someone under 17 to use your account.
- If you had an account within the App and we terminated your access, you cannot create a new account.
- Do not solicit personal information from other users, harvest user information or post user information from the App in any other forum.
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.
12. Notice. Notices to YIX may be sent to [email protected], or
PO BOX 6542
Portland, OR 97228
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
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:
- An identification of the URLs or other unique identifying information of material that YIX has removed or to which YIX has disabled access;
- 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;
- 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
- Your physical or electronic signature.