A. Privacy Policy


Last Updated:  September 19, 2017

Fingerprint Digital, Inc. ("FDI" "we" or "us" or "our") is committed to safeguarding your privacy.   This privacy policy ("Privacy Policy") describes our information policies and practices in connection with the use of our digital properties and services that link to this Privacy Policy, including this website and any mobile application or interactive service (collectively, our "Services") owned and operated by FDI.

This Privacy Policy is in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA") and other applicable laws in the places where we operate.  For more information about COPPA and our children's privacy policies, please read with special care the following two sections: Section 1, "Guest Usage, Children & Parental Consent" and Section 5, "Children and Parents/Guardians".

By accessing any of the Services, you agree to the terms and conditions of this Privacy Policy. 

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
8. Changes to this Privacy Policy
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 privacy@fingerprintplay.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

  • We collect information through technology, such as cookies, Flash cookies and Web beacons, including when you visit our Services or use our Services on third-party sites or platforms.
  • We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
  • We collect search query information when users search for information on the Services.
  • We also collect information from users when they contact us with questions and comments.

3. Use of Information

3.1.  Information Use. We use your information to:

  • Provide you with the Services you request
  • Communicate with you about your account or transactions with us and send you information about features of our Services or changes to our policies
  • Consistent with local law and choices and controls that may be available to you:
    • Send you offers and promotions for our products and services or third-party products and services
    • Personalize content and experiences
    • Provide you with advertising based on your activity on our Services and on third-party sites and applications.
  • Optimize or improve our operations relating to our Services
  • Detect, investigate and prevent activities that may violate our policies or be illegal
  • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent

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:

  • When you allow us to share your personal information, such as choosing to share your personal information with selected companies so that they can send you offers and promotions about their products and services or directing us to share your personal information with third-party sites or platforms, such as social networking sites.
  • Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company's privacy practices.
  • When we cooperate with financial institutions to offer co-branded products or services to you; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services.
  • When companies perform services on our behalf, like customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law.
  • When we share personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or applicable rules to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law.

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:

  • We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
  • We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others.  If you have concerns about the conduct of a particular user, please send an e-mail to: privacy@fingerprintplay.com.
  • We may disclose personal information of a child if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency's (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Services; (iii) to protect the security or integrity of our Services, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

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.

  • In accordance with applicable law, obtaining consent from parents for the collection of personal information from their children, or for sending information about our Services directly to their children.
  • Limiting our collection of personal information from children to what is reasonably necessary to participate in an online activity.
  • Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

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 privacy@fingerprintplay.com.

In order to fully participate and benefit from our Services registration is required. This includes the ability to view content, play games, participate in contests, and engage in special features, among other things.

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 Child

Certain 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 Notifications

Push 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 Data

If 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 Identifiers

When 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:

  • provide users with access to features and activities on our Services
  • customize content and improve our Services
  • conduct research and analysis to address the performance of our Services
  • generate anonymous reporting for our internal use

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:

  • You may correct, update and delete your registration account
  • You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you
  • You may choose whether we share your personal information with other companies so they can send you offers and promotions about their products and services
  • You may request access to the personal information we hold about you and that we amend or delete it

You may exercise your controls and choices, or request access to your personal information, by contacting privacy@fingerprintplay.com, or following instructions provided in communications sent to you. We operate globally and may transfer your personal information to individual companies of FDI or third parties in locations around the world for the purposes described in this Privacy Policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information consistent with applicable law. Please refer to Section 7 Security, International Users, Transfer for additional details.

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 privacy@fingerprintplay.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.

7. Security, International Users and Data Transfers

7.1. Security. FDI takes reasonable technical and organizational steps to help ensure that information collected via our Services are secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Services conduct financial transactions via secured transmissions. We limit access to user's information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts.  Information collected via the Services will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal requirements.

7.2. International Users.  Please be aware that by providing us with personal information, (1) you understand and agree that your personal information may be stored on servers located outside your resident jurisdiction; (2) to the extent you are a resident of a country other than the United States, you consent to the storage of such data in the United States for processing by our affiliates in accordance with this Privacy Policy and (3) the Privacy Policy and the collection of information pursuant to the Privacy Policy shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

7.3. Data Transfer Consent. If you do not consent to the terms of this Privacy Policy, please do not use the Services because your use of the Services represents your consent. If you have already provided personal information, please contact us about how you would like us to handle such information.



8.  Changes to this Privacy Policy

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

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 privacy@fingerprintplay.com

9.2. English Language Version Governs. This document is the sole statement of our Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Privacy Policy in other languages, the Privacy Policy in English governs.

10. Contact Us. If you have a comment or question about this privacy policy, please contact privacy@fingerprintplay.com

 


   

B. Terms of Use


1. Introduction

These terms of use ("Terms of Use"), as amended from time to time, are a legal agreement between FDI, its affiliates and any of their respective successors or assigns ("FDI," "we" or "us") and you regarding your use of FDI's websites or applications (collectively, the "Services").

The Services are offered to you by FDI and FDI's development and technology partners, suppliers, service providers, licensors and licensees (collectively, "Third Party Providers"). Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained in these Terms of Use. Your access to and use of the Services constitutes your acceptance, without modification, of these Terms of Use and also our Privacy Policy, located [here], and which is incorporated into these Terms of Use.

In addition, we require your express acceptance to these Terms of Use when you register to access and use the Services. If you do not agree to be bound by these Terms of Use or the Privacy Policy, then you are not permitted to use or access the Services.

IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 21, THESE TERMS OF USE INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. READ SECTION 21 BELOW CAREFULLY.

2. Grant Of Limited License To Use The Services

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of these Terms of Use to access and use the Services solely as permitted in the Terms of Use.

ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS OF USE ARE RESERVED BY FDI. FDI has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individual persons may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of FDI, which it may withhold in its discretion.

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.

3. Eligibility

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

Certain content and Services that FDI may offer or that you may wish to access will require that you first register with FDI and create an account ("User Account"), although many Services are accessible without the requirement of a User Account. These Terms of Use apply equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.

    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

During the registration process, you may be required to select a username and a password (collectively, "Login Information"). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in these Terms of Use. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.

    c. Security of Your User Account and Login Information.

In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify FDI of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. To the extent allowed by law, FDI hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.

    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

Your use of the Services is governed by certain rules (the "Code of Conduct") maintained and enforced by or on behalf of FDI and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, FDI reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, deleting or altering any username or suspending, terminating, or cancelling your User Account and your access to and use of the Services, or terminating any license granted in these Terms of Use, for any reason whatsoever. FDI reserves the right to modify the Code of Conduct at any time.

    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:

  1. use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;
  2. modify or cause to be modified any files that are a part of the Services in any way;
  3. facilitate, create or maintain any unauthorized connection to the Services; or
  4. disrupt or assist in the disruption of any computer used to support the Services or another individual's access to or use of the Services.

    b. Username Rules

FDI may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if FDI determines, at its discretion, that your username is contrary to the terms of these Terms of Use, including, without limitation, the requirements set forth in this Section 5. You may not use any name:

  1. that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person or an employee of FDI;
  2. that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language FDI considers objectionable;
  3. that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party's trademark(s), service mark, publicity rights or other proprietary rights;
  4. that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or v. that is related to drugs, sex, alcohol, or criminal activity.

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:

  1. The first payment for any subscription will be charged to your Account on the first day following your seven (7) day free trial, unless auto-renew is turned off at least 24 hours before the end of the trial period.
  2. The subscription will automatically renew thereafter for the full subscription period specified by you at signup unless auto-renew is turned off at least 24 hours before the end of the current period.
  3. Your Account will be charged for renewal within 24 hours prior to the end of the current period, and will identify the cost of the renewal.
  4. Subscriptions may be managed by you, and auto-renewal may be turned off, by going to your Account settings after purchase.
  5. No cancellation of a current subscription is allowed during the active subscription period. Instead, cancellation of a subscription will disable auto-renewal at the end of the current subscription period.

7. Ownership

Nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of FDI. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, "Materials") are owned and controlled by FDI or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of FDI or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of FDI's, or its Third Party Providers', copyrights and other proprietary rights and, for clarity, nevertheless are created for FDI or its Third Party Providers' sole and exclusive benefit, and are owned and controlled by FDI or its Third Party Providers.

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:

  1. provide your physical or electronic signature;
  2. identify the copyright work that you believe is being infringed;
  3. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
  4. provide us a way to contact you, such as your address, phone number or email address;
  5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
  6. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

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
Phone: +1.415.398.0149
Email: support@fingerprintplay.com

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.

10. Submissions

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

FDI reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. FDI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.

12. Notice

In accordance with provisions in these Terms of Use requiring FDI give notice to you, FDI will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at FDI's discretion. Any provisions in these Terms of Use requiring you to give notice to FDI can be done so by means of email to: support@fingerprintplay.com or by first class mail, postage prepaid, or overnight courier to:

Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton St
San Francisco, CA 94108

13. Termination

Either FDI or you may terminate these Terms of Use and your User Account at anytime. You may terminate these Terms of Use and your User Account by contacting FDI and deleting your User Account as set forth in the Privacy Policy and then subsequently no longer accessing or using the Services. FDI may terminate these Terms of Use by asking you to stop using the Services, and, if necessary by preventing your access to the Services and your User Account. FDI shall have the right to suspend, terminate, cancel, modify, or delete these Terms of Use at any time for any reason or for no reason, with or without notice to you. IF YOU VIOLATE ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF USE, FDI RESERVES THE RIGHT TO IMMEDIATELY SUSPEND, TERMINATE, OR CANCEL, IN ITS DISCRETION AND WITHOUT NOTICE TO YOU, YOUR USER ACCOUNT OR ACCESS TO THE SERVICES. UPON TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNT, YOU WILL HAVE NO FURTHER RIGHTS TO ACCESS OR USE THE SERVICES.

14. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS". NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FDI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. FDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES. THIS SECTION 14 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

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.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THESE TERMS OF USE MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FDI'S TOTAL LIABILITY ARISING FROM THESE TERMS OF USE AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

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

In accordance with the terms and conditions of these Terms of Use and our Privacy Policy, and for purposes of monitoring and improving our quality of service and enforcing the terms and conditions of these Terms of Use, you hereby acknowledge and agree that:

  1. When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of these Terms of Use.
  2. We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.
  3. Our websites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help us analyze how visitors use the Services. The information generated by the cookie about your use of our Services will be transmitted to and stored on Google servers and may be accessed by us. Google uses this information to help us evaluate how our websites are used. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Third party sites and services you access through our Services may also employ cookies.

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.

19. Indemnity

You agree to indemnify, defend and hold FDI, its Third Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with these Terms of Use or your violation of any third party right or your violation of any law, rule or regulation of the United States or any other country.

20. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to FDI and/or its Third Party Providers for which monetary damages would not be an adequate remedy. Accordingly, FDI shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under these Terms of Use or applicable law, without the need to post bond or other form of security, or provide proof of damages.

21. Dispute Resolution

a. Informal Resolution

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use or the Privacy Policy ("Dispute"), you and FDI agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.

b. Binding Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, FDI may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which FDI or its assigns may be entitled under these Terms of Use or applicable law, in the event of any actual or threatened breach of these Terms of Use by you or on your behalf, FDI would be irreparably damaged if these Terms of Use were not specially enforced and, as such, you agree that FDI shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of FDI's products or services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms of Use or any of FDI's products or services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FDI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FDI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

c. JURY WAIVER.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

d. Restrictions

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.

g. Severability

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 support@fingerprintplay.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

Except as expressly provided otherwise, these Terms of Use shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

23. Miscellaneous

Notwithstanding Section 21(g), if any other provision of these Terms of Use shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from these Terms of Use, and the validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby. These Terms of Use constitute the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 6, 7, 9, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23 shall survive the expiration, termination or cancellation of the Services and/or these Terms of Use or any determination that these Terms of Use or any portion of these Terms of Use is void or voidable. You may not assign or transfer these Terms of Use or your rights hereunder, and any attempt to the contrary is void. These Terms of Use may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

If you have any questions about these Terms of Use, please direct all correspondence to support@fingerprintplay.com or Fingerprint Digital, Inc., 240 Stockton St., San Francisco, CA 94108, Attn: Legal Department.

Last Updated: September 19, 2017