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Terms of Use/Privacy Policy

(Last Updated 2/20/11)

 

1.            TERMS OF USE; SCOPE

1.1          The terms of this agreement ("Terms of Service") govern the relationship between you and Popsy Interactive Incorporated (hereinafter "Popsy" or "Us" or "We") regarding your use of Popsy’s mobile games, social network and related services, which includes Popsy websites (the "Service"). In this agreement, "Popsy" means Popsy Interactive Incorporated located at 25 Newbridge Road, Suite 208; Hicksville, NY 11801.

1.2          Use of the Service is also governed by Popsy’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed Popsy’s Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the Popsy Privacy Policy, carefully, and use it to help make informed decisions.

By creating a Popsy account or accessing or using the Service, you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Popsy’s Privacy Policy.

 

1.3          Popsy reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on the Popsy Service, including without limitation, changes to, or elimination of, the Popsy game points, rewards and/or coupons. You may also be given additional notice, such as an e-mail message or messaging within the Service (also known as p-mail), of any changes. You will be deemed to have accepted such changes by continuing to use the Service or participating in any Popsy games.  Popsy may also revise other policies, codes or rules at any time, and the new versions will be available on www.Popsyinteractive.com or in the Service.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Popsy Privacy Policy, or any other Popsy policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

 

To the extent the Terms of Service or Popsy Privacy Policy conflict with any other Popsy terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Popsy Privacy Policy shall govern.

 

1.4          Before accessing or using the Service, including browsing any Popsy website or accessing a Popsy game, you must agree to these Terms of Service and the Privacy Policy. You must register an account on the Service (an "Account"), have a valid account through which you connect to the Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.  The Service is not intended to be used by anyone younger than thirteen (13) years of age.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service.

 

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

 

1.5          Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Popsy policies, Popsy grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms of Service to access and use the Service using a Popsy supported web browser (such as Microsoft Internet Explorer or Mozilla Firefox) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.  The use for business or commercial purposes is strictly prohibited.

1.6          In addition to these Terms of Use, existing rules for individual Popsy games apply, if any. In case of inconsistency between these Terms of Use and the rules of the game, the provisions of these Terms of Use prevail. 

1.7          For various games and other services, you will have the opportunity to use the services of contractors of Popsy.  In this case, a separate contract between you and the respective contractor of Popsy shall apply.

2.            REGISTRATION

2.1          Registration is reserved only for natural persons. Only individuals are accepted as authorized users (no groups, families, life partners, etc.).

2.2          At registration, you will have to provide a player name and a registered e-mail address. You are not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. You shall ensure that the information provided to Popsy at registration is true and complete.

2.3          The registration is carried out personally. Registration through third parties, especially a third party that registers individual people (ex. registration services and/or entry services) is not permitted.

2.4          The acceptance of a registration request on the Service are confirmed via e-mail. In this e-mail you will receive an activation link. In this case Popsy activates your account through the clicking on such activation link. In some cases the registration process may deviate from this procedure, in which case you will be advised in an appropriate manner.

2.5          Without the explicit consent of Popsy, your user account is not transferable.

2.6          A right to claim registration or activation does not exist.  You are only allowed to register once. If you have already registered once, you may not register again, for example, under entry of, changed personal data.

2.7          The following rules govern the security of your account information:

  • You shall not share your account information, nor let anyone else access your account or do anything else that might jeopardize the security of your account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login or account information, you must immediately notify Popsy and modify your login information;
  • You are solely responsible for maintaining the confidentiality of your login information, and you will be responsible for all uses of the login information, whether or not authorized by you; and
  • You are responsible for anything that happens through your account.

 

2.8          You agree to provide Popsy with all future changes of your registration data, especially a change in your e-mail address, without delay.

2.9          Popsy reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

3.            USE OF SERVICE

3.1          The following restrictions apply to the use of the Service:

•            You shall not create an account or access the Service if you are under the age of thirteen (13) years old;

•            You shall monitor your account to restrict use by minors, and you will deny access to children under the age of thirteen (13) years old. You accept full responsibility for any unauthorized use of the Service by minors;

•            You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

•            You shall not create an account or use the Service if you are a convicted sex offender;

•            You shall not have an account or use the Service if you have previously been removed by Popsy, or previously been banned from playing any Popsy game or from use of the Service;

•            You shall use your account only for non-commercial purposes;

•            You shall not use your account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam or spim) to anyone;

•            You shall not use your account to engage in any illegal conduct;

•            You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any accumulated points, rewards and/or coupons associated with your account to anyone without Popsy’s written permission; and

•            You shall not access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Popsy’s permission.

 

3.2          Any use of the Service in violation of this Section 3 is strictly prohibited, can result in the immediate revocation of your limited license granted by Popsy pursuant to Section 1.5, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY POPSY GAME IS A VIOLATION OF POPSY POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

 

•            Engage in any act that Popsy deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our game rules, game mechanics or policies;

•            Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

•            Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, or any Popsy game;

•            Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, or any Popsy game;

•            Without Popsy’s express written consent, modify or cause to be modified any files that are a part of the Service or any Popsy game;

•            Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Popsy game environment; or (2) the enjoyment of the Service or any Popsy game by any other person;

•            Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service or any Popsy game;

•            Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, mobile devices, servers, or networks connected to the Service by any means other than the user interface provided by Popsy, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

•            Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

•            Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

•            Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Popsy employees, or other users of the Service or Popsy games;

•            Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Popsy employee;

•            Without Popsy’s express written consent, use the Service, any Popsy game, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any Popsy game, or any part thereof at any commercial establishment, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game points, rewards, coupons, items or resources for sale or resale;

•            Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

•            Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Popsy game in any way not expressly permitted by these Terms of Service;

•            Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Popsy game, or to obtain any information from the Service or any Popsy game using any method not expressly permitted by Popsy;

•            Copy, modify or distribute rights or content from the Service or any Popsy game, or Popsy’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;

•            Solicit or attempt to solicit personal information from other users of the Service or any Popsy game; or

•            Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

 

4.            SPECIFIC TERMS FOR POPSY GAMES

4.1          You are only allowed to have one account per game, unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Popsy at any time and in its sole discretion.

4.2          You are prohibited from any form of manipulative interference in the Popsy game. In particular, you are not entitled to use measures, mechanisms or software that could interfere with the function or the course of the Popsy game. You may not take measures that may cause an unreasonable or excessive burden on the technical capacity. You are not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game.

4.3          The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e .g. by so-called pop-up blockers, or similar.

4.4          The rewards prizes or points for a particular Popsy game will be based on the number of players in the particular Popsy game, and the ad model that supports providing these prizes.   There may be situations that arise that Popsy may not be able to facilitate fulfillment of prizes due to unknown circumstances outside of their immediate control.

5.            SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

WITHOUT LIMITING ANY OTHER REMEDIES, POPSY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY POPSY GAMES OR PORTIONS THEREOF IF YOU ARE, OR POPSY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE OR ANY POPSY GAME, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ACCUMULATED POINTS ASSOCIATED WITH YOUR USE OF THE SERVICE AND POPSY GAMES, AND POPSY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

WITHOUT LIMITING POPSY'S OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR POPSY GAMES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.  ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCOUNT IF WE BELIEVE YOU ARE A REPEAT INFRINGER OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

 

Popsy reserves the right to stop offering and/or supporting the Service or Popsy games or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Popsy shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued Service.

 

Termination of your account can include disabling your access to the Service, any Popsy game, or any part thereof.

 

You may cancel any account registered to you at any time by following the instructions at www.Popsyinteractive.com.

 

6.            OWNERSHIP

6.1          Service and Games.  The Service and the Popsy games are copyrighted works owned by Popsy.  Popsy reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and Popsy games.

6.2          Accounts.  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF POPSY.  POPSY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR ONE (1) YEAR.  Therefore, points, rewarDs, and/OR coupons accumulated at that time may also be lost.  This right is reserved by Popsy.

6.3          Game Points and Other Items.  Popsy owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Popsy games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, the points, rewards and/or coupons appearing or originating as a result of any Popsy game.  Popsy prohibits and does not recognize any purported transfers of points, rewards and/or coupons effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Popsy in writing. Accordingly, you may not trade, sell or attempt to sell Popsy game points, rewards and/or coupons for "real" money, or exchange those items for value of any kind outside of a Popsy game or the Service, without Popsy’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.  Any Popsy game points, rewards and/or coupons which have not been redeemed within three (3) years from the date of award, or during the time period required as set forth in a Popsy game, whichever is less, shall automatically expire (unless Popsy extends such expiration period, in its sole discretion).

6.4          User Content.  "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Popsy game or the Service (including through p-mail), or that other users upload or transmit, including without limitation any chat text.  By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.  You hereby grant Popsy a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

You expressly agree that Popsy has the right, at all times, and at its sole discretion, to disclose any User Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when Popsy has a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Popsy to satisfy any applicable law, regulation or governmental request; (c) to allow Popsy to enforce these Terms of Service, the Popsy Privacy Policy or any other agreement, terms or policy relating to the Service, (d) to protect Popsy's legal rights and remedies; (e) in other circumstances in which Popsy believes the Popsy games or Service are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when Popsy has a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of Popsy, or for Popsy to render the Service.

 

6.5          Answers to In-Game Questions.  Any answers or responses that you submit in connection with any in-game questions shall be owned by Popsy, and Popsy shall have the right to use any such answers and responses as it sees fit, and for any purpose.

7.            THIRD PARTY ADVERTISING

7.1          You understand that the Service and Popsy games may feature advertisements from Popsy or third parties, or be sponsored by a third party. Popsy's disclosure of information for third party advertising or sponsorship is addressed in Popsy's Privacy Policy.

8.            DISCLAIMERS/LIMITATIONS/WAIVERS/INDEMNIFICATION

8.1          DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND THE POPSY GAMES ARE AT YOUR SOLE RISK AND ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER POPSY NOR ITS AFFILIATES OR SUBSIDIARIES, POPSY GAME SPONSORS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "POPSY PARTIES") WARRANT THAT THE SERVICE OR THE POPSY GAMES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

8.2          LIMITATIONS; WAIVERS OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE OR POPSY GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE POPSY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE POPSY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE POPSY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE OR ANY ADVERTISERS OF POPSY GAMES, AND THAT THE RISK OF THE SERVICE AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

UNDER NO CIRCUMSTANCES WILL THE POPSY PARTIES BE LIABLE TO YOU FOR MORE THAN $100.00 IN THE AGGREGATE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

 

8.3          Indemnification. You agree to indemnify, save, and hold the Popsy Parties, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service or any Popsy games, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Popsy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Popsy, and you agree to cooperate with Popsy’s defense of these claims. Popsy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this Section 8 will survive any termination of your Account(s) or of the Service.

 

9.            GOVERNING LAW

9.1          This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Popsy must be resolved exclusively by a state or federal court located in New York County, New York. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.

10.          GENERAL PROVISIONS

10.1       Popsy may assign or delegate these Terms of Service and/or the Popsy Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Popsy’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2       Popsy may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3       These Terms of Service, the Popsy Privacy Policy, any supplemental policies and any documents expressly incorporated by reference herein (including the Popsy Privacy Policy), contain the entire understanding of you and Popsy, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4       You and Popsy agree that if any portion of these Terms of Service or of the Popsy Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Service, which shall continue to be in full force and effect.

10.5       The failure of Popsy to require or enforce strict performance by you of any provision of these Terms of Service or the Popsy Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Popsy's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Popsy of any provision, condition, or requirement of these Terms of Service or the Popsy Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Popsy shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Popsy.

10.6       We may notify you via postings on www.Popsyinteractive.com, via e-mail or p-mail, or any other communications means to contact information you provide to us, including by text message. All notices given by you or required from you under these Terms of Service or the Popsy Privacy Policy shall be in writing and addressed to: Popsy Interactive Incorporated Attn: LEGAL DEPARTMENT, 25 Newbridge Road, Suite 208 Hicksville, NY 11801. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.7       You acknowledge that the rights granted by Popsy and obligations made under these Terms of Service to Popsy are of a unique and irreplaceable nature, the loss of which shall irreparably harm Popsy and which cannot be replaced by monetary damages alone so that Popsy shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Popsy games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

10.8       Popsy shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Popsy, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Popsy’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

___________________________________________________________

PRIVACY POLICY

(Last updated on 2/20/11)

 

Popsy's Privacy Policy is designed to provide clarity about the information we collect and how we use it to provide a better gaming experience. By accepting our Privacy Policy and Terms of Service in registration or game participation, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. Defined terms not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms of Service.

 

Popsy develops and runs mobile phone games for participants in various venues; including but not limited to: live events, in stadiums and on television. In this policy, "Popsy" refers to Popsy interactive Incorporated. We may also refer to Popsy as "We" or "Us".

 

This Privacy Policy describes:

  • the information we collect, how we do so and the purposes of our collection (Section 1)

  • how we use and with whom we share such information (Section 2)

  • how you can access and update such information (Section 3)

  • how we protect the information we store about you (Section 4)

 

If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in Section 8 ("Contact Us").

 

1. INFORMATION WE COLLECT

 

Registration Information

 

When you register with us, you will be required to provide at least the following information:

  • your age or birthday (for age screening and/or to better understand who our users are)

  • your first and last names

  • address

  • your e-mail address (which must be a valid e-mail address)

  • a password and other information that helps us confirm that it is you accessing your account

  • your mobile phone number

  • other information including; but not limited to: hobbies, favorite sports teams, education, children, satellite or cable provider, brand of phone, and cell phone service provider.

 

We may also offer you the option to complete a user profile that is visible to other Popsy users.

Your user profile may include: a profile photo

  • one or more game username(s)

  • your gender

  • biographic details that you provide

  • points that you have earned or your particular ranking among other players

  • location

  • ethnicity

 

Your user name; city, state and country location; and profile picture are considered "public" on the Popsy Service and Popsy games.

 

 

Information We Receive or Collect When You Participate in Popsy Games on a Mobile Device

 

If you play Popsy games on your mobile telephone or other mobile device, we collect your unique device identifier and may collect your telephone number, country, and other information, such as user name, location or e-mail address (i.e., to receive updates about the game, or in game questions).

 

Customer Support Correspondence

 

When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your game play or activity on the Service. We will also store the correspondence and any information contained within.

 

SMS Notifications

The use of SMS notifications may be used to notify players of upcoming challenges, participation codes, or for other uses from Popsy Interactive.

 

We receive and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. These messages notify you of Popsy games available to play. Popsy is not responsible for any costs from the service provider associated with using SMS notifications in order to play.

 

Technical and Usage Information

 

When you access the Service or play any Popsy games, we collect (i) your answers to the in-game questions; and (ii) have access to your profile information, and (iii) will manage the point redemption based on your play.

 

How We Collect Information about You

 

We may collect information about you in any one or more of the following ways:

 

Information about Players and Play

 

When you play, Popsy will collect information on who is participating, where they are playing and the demographics of that user may be used to educate advertisers about who is participating with their particular brand.

 

Communications Features

 

You may be able to take part in certain activities on the Popsy Service or Popsy games that give you the opportunity to communicate or share information not just with Popsy, but also with other users of our Service. These include:

 

  • participating in player forums and message boards

  • Setting up competitions between your friends, known as your “Popsy posse”

  • posting public comments to other users' profiles or during Popsy games

  • sending private messages or invitations to other users, either directly on our Service or to their e-mail or p-mail accounts

  • chat with other users

  • posting photos

 

We may record and store archives of these communications on Popsy's servers to protect the safety and well being of our users and Popsy's rights and property in connection with the Service. You acknowledge and consent to the recording and storage of such communications for these purposes.

 

Cookies and Automated Information Collection

 

When you access our websites or participate in Popsy games, we collect certain technical information in order to (i) analyze the usage of our sites and services which allows us to improve the service, (ii) provide a more personalized experience and (iii) manage advertising. We and service providers acting on our behalf, use server log files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, speed of response, frequency of participation in Popsy games, and the date and time of activity on our websites or games, and other similar information.

 

We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation; (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your in-game settings and to track your progress on certain in-game tasks.

 

You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit http://www.adobe.com/products/flashplayer/articles/lso/ and make changes at the privacy settings panel. If you disable cookies, you may lose some of the features and functionality of playing our games, as Popsy cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies.

 

Other Sources

 

We may collect or receive information from other sources including (i) other Popsy users, and (ii) third party information providers. This information will be used to supplement your profile. It will be combined with other information we collect.

 

2. HOW WE USE THE INFORMATION WE COLLECT

 

In general, we collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, we may use information collected from you in any one or more of the following ways:

 

  • to register your Popsy account and allow play of Popsy games

  • to administer Popsy games and improve game play

  • to provide technical support and respond to user inquiries

  • to prevent fraud or potentially illegal activities, and enforce our Terms of Service

  • to notify users of Popsy game updates

  • to provide in-game leader boards and promote in-game player achievements

  • to communicate about new and current Popsy games

  • to solicit input and feedback to improve Popsy products and services and customize your user experience

  • to resolve disputes and troubleshoot problems

  • to analyze trends and user traffic and gather statistical information

  • to inform users about new products or promotional offers

  • to award points, rewards and/or coupons

 

Sharing of Your Information

 

We will share your information (in some cases personal information) with third parties, in the following circumstances:

 

Third Party Service Providers

 

We will provide your information to third party companies to perform services on our behalf, including data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on Popsy's behalf.

 

Other Popsy Players

 

In some Popsy games other players will be able to see your game name or pseudonym and a game profile. Your game profile may include your profile photo.

 

In Game Winners and Leaders

 

In some Popsy games, your user name, city, state and country address, and your profile photo may be displayed at the venue where the Popsy game takes place.

 

Advertising of Third-Party Products and Services

 

We do not actively share specific personal information with third party advertisers for their direct marketing purposes unless you give us your consent. If we wish to share in this fashion, we will ask for your consent.

 

We may use and share with third parties certain technical information (including IP addresses and mobile phone numbers) or aggregated information to show general demographic and preference information among Popsy users. We may also allow advertisers to collect technical or aggregated information, which they may share with us, with tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, or for providing promotional product coupons or discounts.

 

Our collection, use, and disclosure of anonymous and aggregated information, and answers and responses to in-game questions, are not subject to any of the restrictions in this Privacy Policy.

 

Safety, Security and Compliance with Law

 

Your information, and the contents of your communications, may be accessed and disclosed (i) in response to legal process (for example, a court order, search warrant or subpoena); (ii) when we have a good faith belief that we are required to disclose the information in response to legal process; (iii) in other circumstances in which Popsy believes the Popsy games or Service are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction); (iv) when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; and (v) when necessary either to protect the rights or property of Popsy including to enforce our Terms of Service, or for us to render the Service.

 

Sale or Merger

 

In the event that Popsy undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. If ma