Last Updated: September 19, 2017
Table of Sections
1. Overview of Policies on Free Trials, Children and Parental Consent
2. Information Collection Practices and Types
3. Use of Information
4. Information Sharing and Disclosure
5. Children's Privacy and Parents/Guardians
6. Your Controls and Choices
7. Data Security, International Users and Data Transfers
9. Additional Notices
10. Contact Information
1. Overview of Policies on Free Trials, Children and Parental Consent
1.1. Overview Only. This Section 1 provides a general overview of our children's privacy and parental consent policies. For a more detailed description about how and when we will provide parental notice and/or seek parental consent before we collect personal information from children, please refer to and read carefully Section 5 "Children's Privacy and Parents/Guardians".
1.2. Free Trials. Users may choose to play in a Free Trial, in which case no play history is recorded and any in-game rewards may not be available upon the users return. As a result, users may not be able to access certain features of the Services if required registration information has not been provided. Please read carefully Section 5 "Children's Privacy and Parents/Guardians" for additional details.
1.3. Children & Personal Information Collection. Consistent with the requirements of COPPA in any instance where we ask for age and determine the user is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child. In the event we discover we have collected information from a child in a manner inconsistent with COPPA's requirements, we will either delete the information or immediately seek the parent's consent for that collection. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please contact us at email@example.com. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. Please read carefully Section 5 "Children's Privacy and Parents/Guardians" for additional details.
1.4. Parental Consent Required for Registration. For children 12 years of age and under, registration requires the child's parent or guardian to activate their account. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian's email address, the child's first name and gender, the child's member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact. Please read carefully Section 5 "Children's Privacy and Parents/Guardians" for additional details.
2. Information Collection Practices and Types
2.1. Collection by Third Party Sites or Platforms. Our Services may contain links to other sites, including those of sponsors, advertisers, social networking platforms, and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. Please take note that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our Services.We encourage users to review the privacy policies and information collection practices of those websites or platforms.
2.2 Collection by Us from non-Children Users. We collect information from users that aren't children when you provide to us when you request products, services or information from us, register with us, participate in public forums or other activities in connection with our Services, respond to customer surveys, or otherwise interact with us.
2.3. Financial Information. We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below. Subscription: We may offer online subscriptions and/or virtual items for use in conjunction with the Services' games. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law.
2.4. Other Data Collection
3. Use of Information
3.1. Information Use. We use your information to:
3.2. Other Information Use. We may combine information collected through the Services with information we collect from other sources (e.g., social media integration services), offline records or publicly available information).
3.3. Information Accuracy. It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so.
4. Information Sharing and Disclosure
4.1. Information of Non-Children. We will not share or disclose your personal information except in limited circumstances, including:
4.2. Children's Information.
We may share or disclose personal information collected, including from children, in a limited number of instances, including the following:
5. Children's Privacy and Parents/Guardians
5.1. Children's' Privacy Protections & COPPA Compliance. FDI is committed to protecting the privacy of children who use our Services and is compliant with the U.S. Children's Online Privacy Protection Act ("COPPA"). For more information about COPPA and general tips about protecting children's online privacy, please read the FTC's article "The Children's Online Privacy Protection Act (COPPA): What Parents Should Know" at https://www.ftc.gov/news-events/media-resources/protecting-consumer-privacy/kids-privacy-coppa.
5.2. Forms of Verified Consent.
5.2.1 Email Consent. In accordance with COPPA, we do not knowingly collect personal information from children. When we intend to collect personal information from children, we take additional steps to protect children's privacy, including: Notifying parents or guardians about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information.
5.2. Registration. We ask all users for their ages. Children under the age of 13 may not register for the Services. Instead, Children have the option to use the Services if their parent or guardian registers for the Services first and subsequently creates a user under their registration account for the child. Consistent with the requirements of COPPA, in any instance where we ask for age and determine the user is age 12 or under, we will ensure we have a parent or guardian email address before we collect any personal information from the child.
We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. We never require a child to enter more information than is reasonably necessary to fully participate in online activity or full use of our Services. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please contact us firstname.lastname@example.org.
5.3. Verifiable Parental Consent.
5.3.1. Email Consent. In the event FDI wishes to collect personal information from a child, COPPA requires that we first seek parent or guardian consent by email. In the email we provide a form that explains what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.
5.2.2. High-Level Consent. In the event FDI collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such "high-level" methods of consent include but are not limited to asking for a credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax.
5.2.3. Teacher consent in lieu of a parent. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child's educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.
5.3. Contests and Sweepstakes. For contests and sweepstakes, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent email address (to notify the parent where required by law). We only contact the parent for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes. Certain contests and sweepstakes may ask the child to submit their own created content along with the child's entry. In those instances, we may require parental consent prior to submission.
5.4. Content Generated by a ChildCertain activities on our sites and applications allow children to create or manipulate content and submit it on or through our Services. If the particular activity does not require children to provide any personal information, it may not result in notice to the parent or require parental consent. However, if an activity potentially allows a child to insert personal information in their created content, we will seek verifiable parental consent for the collection. If, in addition to collecting content that includes personal information, FDI also plans to post the content publicly or share it with a third party for the third party's own use, we will obtain a higher level of parental consent.
5.5. Push NotificationsPush notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the application is not in use. We will require a child to provide a parent email address before the child can receive push notifications from our child-directed applications that collect a device identifier. We will then provide the parent with notice of our contact with the child and will provide the parent the opportunity to prevent further notifications. Finally, we will not associate the device identifier with other personal information without contacting the parent to get consent.
5.6. Geolocation DataIf FDI collects geo-location information that is specific enough to equate to the collection of a street address, we will first seek parental consent via email.
5.7. Persistent IdentifiersWhen users interact with us, certain information may automatically be collected, both to make our sites and applications more interesting and useful and for various purposes related to our business. Examples include the type of computer operating system, the IP address or mobile device identifier, the web browser, the frequency with which the registered user visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by FDI or by a third party and is principally used for internal purposes only, in order to:
In the event we collect (or allow others to collect) such information from children on our sites and applications for other purposes, we will notify parents and obtain consent prior to such collection.
A list of third-party operators who collect persistent identifiers on our sites and applications may be found here: www.fingerprintplay.com/privacy/third-party-collection.html
6. Controls and Choices
6.1. Controls and Choices for Non-Children Users.We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:
6.2. Controls and Choices for Parents/Guardians. At any time, parents can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account or other service.
We allow parents to access, change, or delete the personally identifiable information that we have collected from their children by contacting us to request access to, change, or delete their child's personal information by sending an email to us at email@example.com. In the email, please include the child's username and the parent's email address and telephone number. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian.
9. Additional Notices.
9.1. Your California Privacy Rights. California law permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. In particular, California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. If you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, contact us by e-mailing us at firstname.lastname@example.org
2. Grant Of Limited License To Use The Services
FDI reserves the right to suspend or interrupt all or any aspect of the Services from time to time with or without prior notice, for any reason including, without limitation, in order to perform maintenance. You acknowledge that the Services may also be interrupted for reasons beyond the control of FDI and FDI cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so.
You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.
4. User Account
a. Establishing a User Account
To establish a User Account, you may be required to provide FDI with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, account information for certain third party sites or networks such as Facebook or Twitter, phone numbers (including cell phone numbers), mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to FDI when requested, and that you will update that information promptly if it changes. FDI reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.
b. Login Information
c. Security of Your User Account and Login Information.
d. No Ownership of Your User Account.
YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FDI.
5. Code Of Conduct
a. Unacceptable Online Conduct
Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:
b. Username Rules
c. Rules Related to Use of Games, Apps and Other Content available as part of the Services
If you download or otherwise access a game or online application (commonly known as an "app") or any other content from the provider of that app (collectively, "Third Party Channels") and breach the terms and conditions associated with the access and use of such Third Party Channels, or otherwise use or access such game app or content in a manner that FDI deems inappropriate, then your User Account may be immediately terminated or suspended.
6. Communication And Other Features Available In Connection With Games, Apps And Other Content Available As Part Of The Services
a. Communication Features
When using or accessing Third Party Channels, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users ("Third Party User Material") and that you might find such Third Party User Material objectionable. FDI and its Third Party Providers do not control the content of any Third Party User Material and do not guarantee its accuracy, integrity or quality. You understand that any Third Party User Material sent through or appearing on the Third Party Channels is the sole responsibility of those users or persons transmitting such Third Party User Material. This means that you, and not FDI or its Third Party Providers, are entirely responsible for all Third Party User Material that you transmit or receive. Under no circumstances will FDI or its Third Party Providers be liable for any errors or omissions in any Third Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third Party User Material. FDI and its Third Party Providers have no obligation to monitor or supervise Third Party User Material, and expressly disclaim any representation that they will monitor or supervise such Third Party User Material. You agree that you have no expectation of privacy in connection with any Third Party User Material. You also agree to indemnify and defend and hold FDI and its Third Party Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.
b. Purchase Features
Some applications offered by way of the Services or otherwise referenced on the FDI website may include the ability to make purchases within the application itself (also referred to as "in-app purchases"). This can include the ability to purchase additional content or access additional features without having to leave the application. The device on which you are accessing such applications may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make in-app purchases. For example, Apple, Inc. outlines the steps required to enable restrictions on certain of its devices (currently at http://support.apple.com/kb/HT4213). Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions.
c. Social Network Access
When using some applications offered by way of the Services or otherwise referenced on the FDI website, you may have the ability to access a social network. If you access a social network, you may need to share information (some of which could be personally identifiable information).
d. Subscription Features
Some applications offered by way of the Services or otherwise referenced on the FDI website may include the ability to subscribe to a Service. The following details shall govern any subscriptions unless otherwise provided in additional terms applicable to the specific subscription as published by FDI from time to time:
You will retain ownership of any materials you may submit (e.g., by uploading or transmitting) via the Services ("User Content"), and FDI shall have a nonexclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by FDI or its Third Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights of publicity, proprietary rights, or rights to credit for the material or ideas set forth therein.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any FDI website so long as the link does not portray FDI or its products or services or Third Party Providers in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FDI logo or other proprietary graphic or trademark as part of the link without express written permission of FDI.
8. Digital Millennium Copyright Act
a. We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party's copyright and reserve the right to suspend, terminate, or cancel a User Account or a user's access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
b. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108
9. Third Party Websites
When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with FDI ("Third Party Websites"). FDI and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. FDI has no control over Third Party Websites and therefore your access to any Third Party Websites is at your own risk. FDI and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.
If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") such Submissions shall be deemed and shall remain the property of FDI in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, FDI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that FDI chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against FDI relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
11. Changes To The Agreement
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108
14. WARRANTY DISCLAIMER
15. LIMITATION OF LIABILITY
NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF FDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 14, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY FDI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY FDI PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT SHALL FDI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY FDI PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. FDI DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT FDI CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL FDI ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.
16. Force Majeure
FDI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FDI, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
17. Consent To Monitor
18. Non-U.S. Residents
The Services are controlled and operated by FDI from its offices within the State of California, United States of America. FDI makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. Injunctive Relief
21. Dispute Resolution
a. Informal Resolution
b. Binding Arbitration
c. JURY WAIVER.
You and FDI agree that any arbitration shall be limited to the Dispute between FDI and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
e. Exceptions to Informal Resolution and Binding Arbitration
You agree that FDI may choose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of FDI's or its Third Party Providers' intellectual property and/or intellectual property rights; and/or (ii) any claim by FDI for injunctive or other equitable relief.
f. Location and Jurisdiction
Any arbitration will be initiated in and take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 21(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of such courts.
You and FDI agree that if any portion of this Section 21 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 21(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 21(d) is found to be illegal or unenforceable then neither you nor FDI will elect to arbitrate any Dispute falling within that portion of Section 21(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of that court.
h. Right to Opt Out.
You may opt out of this agreement to arbitrate. If you do so, neither you nor FDI can require the other to participate in an arbitration proceeding. You may opt out by emailing us at email@example.com or sending us written notification at Fingerprint Digital, Inc., 240 Stockton St., San Francisco, CA 94108, Attn: Legal Department. You must notify us by emailing or posting within 30 days of the date that you first became subject to this arbitration provision, and must your notification must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us. Unless you choose to opt out, this dispute resolution provision in Section 13 shall survive termination of the Terms.
22. Governing Law
Last Updated: September 19, 2017