1) Aftershock Innovations Inc, which owns and operates this website and related URL's (the "Website") and the services offered thereby, including the iPhone application, (altogether, the "App"), has created this user agreement (“User Agreement”) to inform our users about the rules for using this Website and the App and about what information we collect from them and how we use that information. By using the App, you consent to and agree to be bound by this User Agreement. DO NOT USE THE APP IF YOU DO NOT AGREE TO THIS USER AGREEMENT. We understand the concerns that you may have about your privacy and respect your right to protect your personal information. Our App is a game for adults that is based on a storyline (our "Service"), and we therefore collect and may disclose certain information about you in the normal course of providing our Service to you. Accordingly, by submitting your photograph and/or any personal information to the App, you agree that we may use any such photograph or personal information solely for purposes relating to the App without notifying you or obtaining your further consent.
2) We reserve the right to suspend any player's account without a refund of any kind. We may suspend your account or restrict access to parts of the App at any time, with or without reason.
3) We reserve the right to modify this User Agreement at any time. All such changes will be posted on this Website, and your continued use of the App after any such modifications are posted indicates your acceptance of such changes.
4) The App is provided "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE." Your use of the App is at your sole risk. We do not guarantee that users will be able to access the App at all times or places, that there will be adequate capacity to handle all users, or that the App will be operable with your equipment. To the fullest extent permitted by law, Aftershock Innovations, Inc., and its officers, directors, employee, and agents disclaim all warranties, express or implied, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. We do not warrant, guarantee, or assume responsibility for any product or services provided or offered by any third party on or through the App, including but not limited on the Website, and we will not be a party to or be responsible for monitoring any transaction between you and any third party.
5) You may not
a. use the App for any illegal purpose;
b. falsely state, impersonate or otherwise misrepresent your identity;
c. interfere with or disrupt the App or the Website or any portion thereof;
d. reverse engineer, decompile or otherwise attempt to access the source code and other underlying code of the App.
6) Code of Conduct. By using the App and Service, you are agreeing to abide by the Code of Conduct located within the App on the bottom of most screens. The Code of Conduct is maintained and enforced by Aftershock and must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct
7) You may encounter links to third party sites in the App. We are not responsible for such sites, including but not limited to their content and services. If you click on a link to a third party site, you will be subject to their terms of service and privacy policy, and we disclaim all responsibility for any interaction you may have with such sites.
8) You represent and warrant that you have all necessary intellectual property rights to upload to the App any and all content that you submit. We take no responsibility for your uploaded content, and do not guarantee the authenticity or originality of any user-uploaded content. Any content you submit is not and will not be considered confidential or private information. Therefore, please do not submit any information to the App that you wish to be kept private.
9) Children. Children are not eligible to use our Service. If you are under the age of 18, please do not submit any personal information to the App. We do not knowingly collect any personal information from children under the age of 13. In compliance with the Children’s Online Privacy Protection Act, if we discover through reliable means that any registered user is under the age of thirteen we will purge such user's information from our database.
10) Information We Collect. We collect information in order to provide you with a smooth and customized experience. We collect two types of information: personally identifiable information (PII) and non-personally identifiable information (Non-PII), which is also referred to as aggregate and anonymous data. We collect this information through certain features of the App, when you communicate or otherwise interact with us, contests or promotions, or when you purchase a product or service through our App. Providing us with PII is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the App's features.
a. Personally Identifiable Information. PII is information that can be used to identify, contact or locate a specific individual. Examples of PII include a person’s name, address, telephone number or email address.
b. Non-Personally Identifiable Information. Non-personally identifiable information is information that, by itself, cannot be tracked to a specific individual. Examples of non-personally identifiable information include, but are not limited to, log files, web beacons, the type of internet browser you are using, the type of computer operating system you are using, your IP address, the time and date of your use of the App, and whether or not you clicked on hypertext links within the App. We may collect non-personally identifiable information while you use the App.
11) User Profiles. You agree that we may feature your public profile information, in, among other places, editorials and newsletters that we may periodically send out to our users. Your non-public profile information, including real name, email address, postal address and telephone number, are confidential and will not be posted by us in your public profile or used in any editorial or newsletter feature. You understand that your public profile is available on the App for viewing by both registered users and anonymous visitors who view our App, and you agree that you shall not include any PII in your public profile.
12) International Users. If you are accessing the App from outside the United States, the laws or regulations governing personal data collection, use, and disclosure may differ from United States laws. Be advised that through your continued use of the App, which is governed by U.S. law, this User Agreement, and any other policies we may post on the Website or in the App, you are transferring your personal information to the United States and you consent to that transfer, which includes consent to the use of cookies and web beacons as described in this User Agreement for the collection and/or use in the United States of your personal information.
13) Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. We cannot ensure the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure of such information. You acknowledge that you provide your personal information at your own risk. Do not share your passwords with anyone. You are solely responsible for any actions taken on the App under your account.
14) Compromise of Personal Information. In the event that personal information is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised as required by applicable law in accordance with the notification procedures set forth in this User Agreement.
15) Notifications. It is our policy to provide notifications of any sort regarding the App to users via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by us in our sole discretion. We reserves the right to determine the form and means of providing notifications to our users.
16) Questions. If you have any question regarding this User Agreement, you may contact us at support@aftershocksf.com