Last modified April 23, 2019
Information We Collect
We collect information from You when You register for and use the Service, post user submissions, pay for services, contact or interact with us, and voluntarily provide us with Your comments and other content in connection with using the Service.
When You sign up with email to create a new Andelin account, We collect Your first name, last name, display name, email address, and password.
When You use the App, We may collect video depicting You, records of Your attendance at memorialized events, designations of Your interpersonal relationships, Your location, photo, voice, birthdate, birthplace, comments, profile information (including first name, last name, and display name), plan type, usage to date, log data, such as Your IP address, the domain name of Your Internet service provider, device name, operating system version, the configuration of the App at the time of Your engagement with the Service, the date and time of Your engagement with the Service, the Service features You use, information You input during use of the App, and aggregated information that cannot be used to specifically identify You when You use the Service. Additional information collected is described in the Analytics and Cookies sections below.
When You pay for services through the App, We may collect Your Apple ID and password, or the information required for You to use Google Pay.
We may collect information about You from third-party sources.
How We Use Your Information
We use the information that We collect for several purposes, including:
The purposes for which You provided it;
To provide services to You;
To provide user verification services;
To create or add to Your user profile or registered account;
To connect with Your social media accounts and post content You choose to share;
To process and respond to Your inquiries and comments;
To send You information about Your relationship or transactions with us;
To develop new products and services;
To personalize and enhance Your experience using the Service;
To send periodic emails. The email address You provide may be used to send You information and updates pertaining to Your account, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email;
To generate and review reports and data about our user base and service usage patterns;
To compile aggregate data for internal and external business purposes;
To process payment transactions (Your information will be used to submit Your payment information to our payment processors);
To display relevant advertising;
To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
To assist law enforcement and respond to subpoenas; and
How Your Information is Disclosed
Other Users. The primary purpose of Andelin is to record, preserve, and share Your memories. Therefore, We may share Your profile picture, display name, birthdate, birthplace, comments, personal relationships, photographs of You, recordings of Your voice, records of Your attendance at memorialized events, Your “memories” (within the definition contemplated by the Service), tags, likes, network, categories, and other in-app information with other users of the Service.
Personal Representative. If You have designated, the law designates, or a court has designated a recipient, personal representative, conservator, agent, trustee, or similar third party to have access to Your digital assets if You become incapacitated or deceased, We may share Your personal information with such a representative.
Advertisers. We may share Your information with advertisers on the Service for use in their advertising and marketing.
Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.
Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:
Investigate fraud and abuse on the Service;
Take action regarding suspected illegal activities;
Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
Protect our rights, reputation, safety, and property, or that of users or others;
Respond to claims and legal process (for example, subpoenas); and/or
Protect against legal liability.
Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.
We use Google Analytics to better understand who is using the App and how people are using it. Google Analytics collects and stores information from users of the App, such as an identifier that helps Google determine which ads it has served to other mobile applications on Your device, location-based data, IP address, type of operating system used, device ID, Application pages visited, and time spent on each Application page and in total. Google Analytics may track You over time and across websites or applications.
We also participate in certain Google advertising features, which may include Remarketing, GA Audiences integration, and Google AdSense. These features use third-party cookies and other tracking mechanisms, and allow us to market our products, or other products that We think You may find interesting, to You through advertisements on our App or those of our partners. You can opt out of these Google features by downloading and installing Google’s opt-out browser add-on.
Cookies, Local Storage, and Other Tracking Technologies
Persistent cookies remain on the visitor’s device after the browser or webview has been closed.
Session cookies exist only during a visitor’s online session and disappear from the visitor’s device when they close the browser or webview.
Flash cookies (also known as local shared objects) are data files that can be created on Your device by the websites or apps You visit and are a way for websites or apps to store information for later use. Flash cookies are stored in different parts of Your device from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Web beacons are small strings of code that provide a method for delivering a graphic image for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.
We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see http://optout.networkadvertising.org/?c=1#!%2F. Note that clearing cookies from Your device will remove the above opt-outs because they are stored in cookies.
We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. Please keep Your account password secure to help ensure the safety of Your personal information.
While We take reasonable measures to protect the information You submit via the Service against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service and take special care in deciding with which information You provide us.
We cannot guarantee that transmissions of Your payment or personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.
Data Retention Policy, Managing Your Information
We will retain Your information for as long as You use the Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required in order for the Service to function properly.
Links to Other Websites or Applications
Your Choices Regarding Your Information
You have choices regarding the use of information by the Service.
Changing Your Information – To change Your information, You may log into Your account’s control panel and go to the settings page. If You are unable to log into Your account, please contact us at [insert email address here].
Closing Your Account – You may close Your account by contacting us at firstname.lastname@example.org. If your email address is not active, We may close Your account without notice.
Information Collected From Other Websites and Mobile Applications, and Do Not Track Policy
The Service is not intended for children under 13 years of age. We do not knowingly collect personal information from an individual under age 13. If You are under the age of 13, please do not submit any personal information through the Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 13, please contact us immediately at email@example.com.
Andelin respects the rights afforded to California minors under the age of 18 under the Privacy Rights for California Minors in the Digital World Law, codified in the Business and Professions Code of California, Sections 22580-22582. We do not advertise or market any of the products or services identified in Section 22580(i)(1)-(19). Further, according to Section 22581, California minors using the Service can have content they uploaded removed subject to certain exceptions. Removal may not ensure complete or comprehensive removal of the content or information posted on the Service by You. We will remove information posted by a user under the age of 18 unless: the information was posted, stored, republished or reposted by a third party; state or federal law requires Andelin to maintain the information; We anonymize the posted content or information; or the minor received compensation or other consideration for providing the content. If You wish to request removal of information You posted on the Service, please contact us at firstname.lastname@example.org.
How to Contact Us
Your California Privacy Rights
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at email@example.com, or by writing us at Kinetic Legacy, LLC, 79 Thirteenth Ave NE, Suite 204, Minneapolis, MN 55413.
Supplement for California Residents
California residents have the right to:
Request that We disclose the categories and specific pieces of personal information that We have collected in the preceding 12 months. To exercise this right, You must provide a verifiable consumer request by emailing us at firstname.lastname@example.org.
Request that We delete personal information about You that We may have collected. To exercise this right, You must provide a verifiable consumer request by emailing us at email@example.com.
Request that, for personal information that We have collected in the preceding 12 months, We disclose the categories of personal information that We have collected about You, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom We share personal information, and the specific pieces of personal information We have collected about You. To exercise this right, You must provide a verifiable consumer request by emailing us at firstname.lastname@example.org.
Direct us, at any time, not to sell Your personal information. “Sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means. The law contains exceptions to this definition which may limit how We respond to your direction. To exercise this right to opt out, You must email us at email@example.com. You may also go to our Do Not Sell My Personal Information site at: [INSERT LINK]. You will not need to create an account to exercise this right.
Affirmatively authorize us to sell Your personal information if You are between 13 and 16 years of age. Notwithstanding the above right to direct us not to sell Your personal information, We cannot sell your personal information, if You are between 13 and 16 years of age, unless You have affirmatively authorized the sale of Your personal information. To exercise this right to opt in, You will not need to create an account.
If You opt out of us selling your personal information:
We may not discriminate against You because You exercised any of Your rights under the California Consumer Privacy Act of 2018, including, but not limited to, by:
(A) Denying goods or services to You.
(B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
(C) Providing a different level or quality of goods or services to You.
(D) Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, nothing prohibits us from charging You a different price or rate, or from providing a different level or quality of goods or services to You, if that difference is reasonably related to the value provided to You, the consumer, by Your data.
We may offer financial incentives, including payments to You as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to You if that price or difference is directly related to the value provided to You, the consumer, by Your data.
Last modified April 12, 2019
BINDING CONTRACTUAL TERMS
A basic version of the Service is available for free to all end users who are otherwise qualified to use the Service. However, the free version of the Service provides only limited data storage and may not include functionality available to end users who select a fee-based version of the service; additional data storage is offered as part of the Service in accordance with our fee-based data storage plans. You are responsible for paying all fees associated with Your use of the Services. All fees are non-refundable. Kinetic Legacy may change its fees at any time. Prices for Apps offered through Apple’s App Store are subject to change at any time. Kinetic Legacy does not provide price protection or refunds in the event of a price reduction or promotional offering.
The Service also permits You to adjust Your privacy settings. We encourage You to review the privacy settings that You have applied.
Links to and From the service
The Service may contain links to third party websites and online services (such as apps and social media sites) that are not owned or controlled by Kinetic Legacy. Kinetic Legacy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Kinetic Legacy will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE KINETIC LEGACY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, “THE KINETIC LEGACY PARTIES”), APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with Kinetic Legacy in writing, You may link to the Website from Your website, subject to the following: (a) You may not frame the Website or any portion of the Website; (b) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (c) the link must be identified using a plain text rendering of the Andelin name and not any Andelin or Kinetic Legacy logo; (d) You may not use any Andelin or Kinetic Legacy logos in any way; (e) You may not use the link in any way that suggests that Kinetic Legacy is associated with or endorses You or Your website; (f) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Kinetic Legacy or damages its rights, reputation, or goodwill; and (g) we may terminate Your right to link to the Website at any time for any reason or no reason.
The Service permits the submission of text, photos, graphics, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how or other communications submitted by You and other users (“User Submissions”), the hosting, sharing, and publishing of such User Submissions and the integration of user submissions from other users who are granted access to Your User Submissions. For instance, users can create electronic photo albums for their treasured memories of people, places, events and things by posting photos, videos, text messages and other information to those electronic albums; users can locate their User Submissions geographically on maps; and users can grant to other users permission to access the user’s album so that the other user can add additional photos, videos, text messages and other information and to add other geographic information to the first user’s album. You understand that whether or not such User Submissions are published or posted, Kinetic Legacy (a) does not guarantee any confidentiality with respect to any User Submissions, (b) does not pay any compensation for User Submissions, and (c) is under no obligation to respond to or post any User Submissions.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Kinetic Legacy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE KINETIC LEGACY PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE KINETIC LEGACY PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
INCREASING AND DECREASING YOUR DATA STORAGE; PAYMENTS
You may purchase a fee-based data storage plan through Apple’s App Store or through Google Play store. Such plans are billed monthly and are subject to the terms and conditions published by Apple and Google, as applicable. Through the App Store and Google Play, as applicable, You may select a different data storage plan with higher or lower storage limits.
If You decrease Your data storage limits and Your content exceeds the new limits, You must remove the excess content within five (5) days after the date on which You changed your plan or, if later, by the first day of the month in which the first payment under the new plan is due). If You do not remove the excess content, we reserve the right to remove portions of Your content so that Your data use does not exceed Your new storage limits.
REMOVAL OF YOUR USER SUBMISSIONS AND OTHER DATA
You should retain backup copies of all photos, videos, text, images and other content that You post to Your album using the Service. We do not warrant or guarantee that Your User Submissions will be secure, permanent or free from loss or corruption.
Using the tools provided through the Service, You may remove Your User Submissions at any time, subject to the availability of such tools and the Service. You acknowledge that other users of the Service may have linked to or copied Your User Submission and have made such content a part of such other user’s album. You hereby acknowledge and agree that, unless expressly required by applicable laws, Your removal of Your User Submission from Your album may not result in the deletion of such content from other users’ albums.
We also reserve the right to remove Your User Submissions for any reason, subject to the additional terms of this Section 6.
We will use commercially reasonable efforts to notify You in advance if we intend to remove Your User Submissions for any reason other than those set forth in the previous paragraph. Without limiting the foregoing, We may remove all or any portion of Your User Submissions if You exceed the data storage permitted under Your then-current data storage plan, if You change Your data storage plan, if You fail to make payments required in a timely manner or if You terminate the Service. We may also remove Your User Submissions (or a portion thereof) if another user exercises any right under applicable laws to demand that his or her User Submission be removed from the Service and You share that User Submission.
We acknowledge that, under applicable laws, You may have the right to require Us to remove Your personal data from the Kinetic Legacy systems. Subject to the terms of such laws, We reserve the right to establish reasonable procedures relating to such demands. Such procedures will be made available on the Kinetic Legacy website.
YOUR USER SUBMISSIONS AS DIGITAL ASSETS
TERM; TERMINATION OF THE SERVICE
Kinetic Legacy may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. You agree that Kinetic Legacy shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Kinetic Legacy will use reasonable efforts to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. Kinetic Legacy may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the App from Your mobile does not automatically terminate Your Service. You may, at any time, terminate Your Service through the account settings made available by Apple and Google, as applicable.
Once Your Service has been terminated, Your right to access and use the Service will immediately terminate, and, subject to the additional terms of this Section 9, all of Your User Submissions and all personal information will be permanently deleted from the Service.
After termination of the Service:
Copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
Kinetic Legacy will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
Restrictions on Use of the Service
In Your use of the Service, You agree that You will not, directly or indirectly:
use the Service for any purpose other than for using the features we intentionally make available to You;
copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Kinetic Legacy;
alter, modify or make derivative works from any part of the Service without the prior written authorization of Kinetic Legacy;
modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service other than Your content which You legally post on, through or in connection with the Service, provided that You may add Your Content to the content made available by other users if You are permitted by the other user to access his or her content;
provide false personal information or create an account for anyone other than Yourself without permission;
create another account without our permission, if we have disabled Your account;
share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
assign or transfer Your account or login information to anyone;
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
impersonate or misrepresent any person or entity or Your affiliation with someone else;
collect personally identifiable information of other users;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
solicit other users to join, become members of, or contribute money to any online service or other organization;
post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
stalk, bully, or otherwise harass any person or entity; or
harm minors in any way.
Kinetic Legacy believes in children’s online safety and does not wish to receive information regarding children under 13 years of age. Therefore, You may not post or submit any personally identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.
Everything You see, hear, or otherwise experience on the Service, including but not limited to the videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Kinetic Legacy, subject to copyright and other intellectual property rights under United States and international laws and conventions. Kinetic Legacy owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. The mark ANDELIN and the Andelin logo and design are trademarks of Kinetic Legacy.
If You provide any suggestions, feedback or recommendations regarding the Service to Kinetic Legacy or any of its representatives or agents (“Feedback”), You hereby grant to Kinetic Legacy a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
Kinetic Legacy takes no responsibility for advertisements or any third party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by pros or other service providers with profiles or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Kinetic Legacy is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE KINETIC LEGACY PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH PROS, ADVERTISERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If You are an intellectual property owner or an agent thereof and believe that either (a) any Content or User Submissions on the Service or (b) any material or activity contained on an online location to which Kinetic Legacy has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
Notification pursuant to the DMCA should be submitted to:
Kinetic Legacy, LLC
79 Thirteenth Avenue, N.E.
Minneapolis, Minnesota 55319
Attention: Copyright Agent
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Kinetic Legacy without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Trademarks and Celebrity Material
Kinetic Legacy responds to complaints that User Submissions infringe trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity’s permission.
If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 13 above.
To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.
You warrant and represent to Kinetic Legacy as set out below:
The information provided to Kinetic Legacy in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details, and all other data provided to Kinetic Legacy is true in all respects, up-to-date and not misleading in any way.
You will keep the information referred to in paragraph (a) up to date.
You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity (however, this will not prevent You from using a nickname by which You are known provided the name is used lawfully and in good faith).
You will keep Your log-in details and password secure and will not share such information with third parties.
YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE. TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT OR THE CAN-SPAM ACT THROUGH THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE KINETIC LEGACY PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE KINETIC LEGACY PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT.
LIMITATIONS ON LIABILITY
DISPUTE RESOLUTION; CLASS ACTION WAIVER
You agree that the Service shall be deemed solely based in Minnesota, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Kinetic Legacy Parties in jurisdictions other than Minnesota.
KINETIC LEGACY AND YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY DISPUTES ARISING UNDER OR RELATED TO THIS AGREEMENT, INCLUDING DISPUTES AS TO WHETHER ATTORNEY’S FEES OR OTHER DAMAGES ARE DUE HEREUNDER.
KINETIC LEGACY AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither Kinetic Legacy nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Kinetic Legacy or You act(s) or propose(s) to act as a representative for others. Kinetic Legacy and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Kinetic Legacy, You, and every other party to that arbitration or proceeding.
ANY LEGAL ACTION BROUGHT BY YOU AGAINST KINETIC LEGACY OR ANY OF THE KINETIC LEGACY PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
FEES FOR RESPONDING TO LEGAL DEMANDS
If Kinetic Legacy has to provide information in response to a subpoena or other legal demand related to Your account (including any subpoena or other legal demand from Your estate or from any individual claiming to be Your heir who seeks to control Your User Submissions), then we may charge You (or Your estate) for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, responding to demand letters and participating in a deposition.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.
THIRD PARTY BENEFICIARIES
YOU ACKNOWLEGE THAT EACH OF THE KINETIC LEGACY PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN SECTIONS 3,12, 16, 17, 18 AND 20 AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN KINETIC LEGACY AND ITS SUCCESSORS AND ASSIGNS AND YOU.
The Service is controlled and offered by Kinetic Legacy from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
APPLE REQUIRED TERMS
Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Service may be accessed, acquired, and used by other accounts associated with You via Family Sharing or volume purchasing.
Warranty: As between Apple and Kinetic Legacy, Kinetic Legacy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kinetic Legacy’s sole responsibility.
Product Claims: Kinetic Legacy and You acknowledge that Kinetic Legacy, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: Kinetic Legacy and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Kinetic Legacy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Kinetic Legacy may be contacted at (612) 208-7015 or firstname.lastname@example.org in connection with any questions, complaints or claims with respect to the Service.
Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Service.
Additional Terms Relevant to Google Inc.
The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
Kinetic Legacy is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Kinetic Legacy Mobile APPLICATION. Support requests, as well as questions, complaints or claims regarding the Kinetic Legacy Mobile APPLICATION, may be directed to Kinetic Legacy support, 79 thirteenth avenue, n.e., SUITE 204, minneapolis, mn 55319. Users may also contact us by email at email@example.com.
To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Kinetic Legacy Mobile APPLICATION, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Google shall not be responsible for addressing any claims by you or any third party relating to the Kinetic Legacy Mobile APPLICATION or your possession and/or use of the Kinetic Legacy Mobile APPLICATION, including but not limited to (i) product liability claims, (ii) any claim that the Kinetic Legacy Mobile APPLICATION failS to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Kinetic Legacy Mobile APPLICATION or your possession and use thereof infringes a third party’s intellectual property rights.
You represent and warrant that (i) the sERVICE(S) will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
Removal of Kinetic Legacy Mobile APPLICATION. Kinetic Legacy or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the andelin Mobile APPLICATION, or delete the andelin Mobile APPLICATION from your Supported Device, without entitling you to any refund, credit or other compensation from Kinetic Legacy or any third party (including, but not limited to, Google Inc. or your network connectivity provider).
Payments: Recurring billing, cancel any time.
Your payment will be charged to your iTunes Account once you confirm your purchase.
Your iTunes account will be charged again when your subscription automatically renews at the end of your current subscription period unless auto-renew is turned off at least 24 hours prior to the end of the current period.
You can manage or turn off auto-renew in your Apple ID Account Settings any time after purchase.
If you cancel your subscription you will be returned to the Complimentary Plan. If you cancel a storage subscription you will be reset to the storage provided by your account plan.