TERMS OF SERVICE
You indicate acceptance of these terms by your continued use of Facetoon & Sticker Apps. (“Facetoon & Sticker Apps”, “We”, “Us” or “Our”) services (“Services”) which includes the Web site located at www.memeandsticker.com (the “Site”) and all Facetoon mobile phone applications (“Mobile”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. Facetoon ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Facetoon, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. The purpose of the Site and Mobile applications, owned and operated by Facetoon, is to provide photo editing and photo manipulation services. The Site and Mobile applications are accessed by you (“User” or “you”) under the following terms and conditions:
ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Facetoon may offer to provide the Services, as described more fully on the Site and in Mobile, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services and applications Facetoon performs for you, as well as the offering of any content on the Site and in Mobile. We may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. Facetoon may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Facetoon reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to Facetoon that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with Facetoon and (b) not barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use the Services. The Services are not intended for children under 13 without the constant supervision of a parent or legal guardian. If you are under 13 years of age and not under the constant supervision of a parent or legal guardian, then please do not use the Services. You certify that you are legally permitted to use and access the Services, and you or your legal guardian take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. Facetoon makes no claim that the Services may be lawfully viewed or that content may be downloaded from any country. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Services you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Facetoon will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Facetoon to minimize such disruption where it is within Facetoon reasonable control. YOU AGREE THAT Facetoon WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. Facetoon retains the right to create limits on use and storage in its sole discretion at any time with or without notice. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access to or otherwise use the Services, including, without limitation, modems, devices, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services and their contents are intended solely for the use of Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed in the Services, other than content developed or posted by User (“User Content”) including, but not limited to text, graphics, logos, photographs, images, illustrations and animations (“Content”) are the property of Facetoon and/or third parties and are protected by international copyright laws. As between you and Facetoon, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to Facetoon under this Section 2). All trademarks, service marks, and trade names which appear in the Services (other than those appearing in any User Content) are proprietary to Facetoon and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. You may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed in the Services for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Facetoon, or from the copyright holder identified in such Content’s copyright notice. In the event you download software from the Services, including any files and images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to you by Facetoon for your personal use, and no title to the Software shall be transferred to you. Facetoon retains full and complete title to the Software and all intellectual property rights therein. You acknowledge and agree that if you use any of the Services to contribute User Content to them in such manner as to make it available to the public or for all users, or to permit third parties to contribute Content through your User account, Facetoon will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of Facetoon, the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal. You warrant, represent and agree that you have the right to grant Facetoon and the Services the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, malware, adware, time bomb or other programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence. Facetoon reserves the right to remove any User Content from its Services, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to Facetoon and/or the Services under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Facetoon is concerned that you may have breached the immediately preceding sentence). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing in the Services infringes a copyright, please send us a message. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to Facetoon shall become the property of Facetoon or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, mobile application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of our Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Services or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Services, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
Facetoon has no special relationship with or fiduciary duty to you. You acknowledge that Facetoon has no control over, and no duty to take any action regarding: which Users gain access to the Services; which Content you access via the Services; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Services is provided by and is the responsibility of the User who posted the Content. Facetoon does not monitor the Content of the Services and takes no responsibility for such Content. You release Facetoon from all liability for your having acquired or not acquired Content through the Services. The Services may contain, or direct you to web pages or mobile applications containing information that some people may find offensive or inappropriate. Facetoon makes no representations concerning any content contained in or accessed through the Services, and Facetoon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. ALTHOUGH Facetoon AND THE SERVICES WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER Facetoon NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE. THE SERVICES, CONTENT, SITE, MOBILE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Facetoon MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, Facetoon DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT Facetoon IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED IN THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, ADWARE, MALWARE OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
THIRD PARTY WEBSITES
Users of the Services may gain access from the Services to third party sites on the Internet or applications in app stores through hypertext or other types of links in the Services. Third party sites are not within the supervision or control of Facetoon or its Services. Unless explicitly otherwise provided, neither Facetoon nor the Services make any representation or warranty whatsoever about any third party site or application that is linked to the Services, or endorse the products or services offered on such sites anв applications. Facetoon and the Services disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Services or Facetoon with respect to such sites and third party content.
REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with the Services and select a username and password. You shall provide us with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a username a name of another person with the intent to impersonate that person; or (b) use as a username a name subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Services and Facetoon from any and all liability concerning such activity. You agree to notify Facetoon immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Services will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
You will indemnify and hold Facetoon, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Facetoon, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
Either party may terminate the Services at any time by notifying the other party by any means. Facetoon may also terminate or suspend any and all of the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access to any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Facetoon or its Services, including without limitation any indemnification obligations contained herein.
WHAT INFORMATION WE COLLECT
We respect the privacy of every individual who uses our Services. We collect certain personal information that you voluntarily provide to us. For example, we collect your name, email address, user name, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with the information we collect on the Services; for example, when you link your account with Facebook, we might have access to your name and profile picture.
When you visit the Site, we automatically collect some information. Such information includes the type of browser you use, your browser’s language, access time or the website from which you linked to us. We also collect information about your computer’s operating system and information about your usage and activity on the Site. This information is only used to assist us in providing an effective service. We may, from time to time, supply the owners and operators of third party websites and mobile applications which have a link to our site or application with information about the number of users of our Site or Mobile. You cannot be identified from any of this information.
With your permission (on download or in the app), we may access and store the Content (your user name and photos) you provided while using our Mobile applications and Site. We may also edit stored photos, apply effects to them and use them to perform marketing activities. Yet we will show your photos or your edited photos solely to you (for example by sending you promotional e-mails you opted-in).
We may also collect information about others if you use our Services to upload, share and/or distribute Content that contains information about them, including their name, image and online contact information.
To use our Services, you should provide a photo prior to the event of photo editing. Since the processing requires Internet connection and is performed on our servers the photos are sent there through the encrypted connection. We use Secure Socket Layer technology to protect the privacy and integrity of the transmission process.
For non-registered users and users who don’t share their results within the Services, the original photos and results are automatically removed from our servers by two weeks after the last interaction. For registered users who share their results within the Services that provide special social network features, the shared content will be stored on the servers and shown within the Services unless a user either removes the images themselves or requests such a removal by contacting our support team.
Whenever you choose an effect that involves face manipulations we use special face recognition technologies to:
detect a face in a photo; find required facial key points (the set of points varies with the effect); and apply the effect to your photo. The detected key points may be kept along with the photo on the servers of our providers for up to two weeks from the last interaction with the photo. The only purpose of this is to speed up any further processings of the same photos.
We may store some information locally when you visit the Site or use Services. This information facilitates your use of the site or Sevices, personalizes your experience, and helps us to remember your preferences. The information stored in a cookie provides features that recognize your account as logged on and other Site or Serveces features. We do not have any control over cookies which our advertisers or branded partners may use.
The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorized access and improper use. We will continue to update these measures as new technology becomes available. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you use a password on our Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused or your account compromised, please advise us immediately.
HOW WE USE YOUR PERSONAL INFORMATION
We use personal information and service data collected through the Services:
• to communicate with you or third parties; • to process your requests and transactions; • to improve the Services; • to customize the services and/or products we provide to you; • to assist with our product and service development; • to perform marketing activities; • to provide relevant advertising; • and for other purposes related to our business.
WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
Personal information (and non-personal information) collected through the Services may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your personal information (and non-personal information) with third parties to serve you relevant advertising (learn how advertising partners collect and use data) and market our products, but we won’t sell your personal information.
Also, we may disclose the personal information we collect through the Services when we, in good faith, believe disclosure is appropriate to:
comply with applicable law (e.g., in response to a valid court order or subpoena); prevent or investigate a possible crime, such as fraud or identity theft; enforce or to apply our Terms of Service and other agreements; to protect the rights, property or safety of us, our users or others; or to protect your vital interests. We do not disclose your images, which you have uploaded for editing and manipulation to any of the Services unless you provide explicit consent to show your images at our Site, Mobile and other Services, or at third party services.
MODIFYING YOUR INFORMATION — OPT-OUT/OPT-IN
We respect your right to make choices about the ways we collect, use and disclose your personal information. You may update or modify your information or change your privacy preferences at any time via our Services. You may opt out of receiving promotional communications from us, including, but not limited to, promotional emails, by clicking a special unsubscribe link in the e-mail or other Content from us. Transactional service communications (such as messages about your registration) are not subject to the foregoing opt-out procedures. Requests to disable your account or reset your password should be sent to firstname.lastname@example.org for faster processing.
LINKS, HOSTED SITES & ADVERTISERS We do not have any control over the privacy practices of any external websites linked from the Site or Mobile (or any of the websites that are hosted on our server and aren’t affiliated with us). Therefore you should review their privacy policies separately from ours and know that we in no way have any control over their practices.
StickerMobi is dedicated to providing a fun and safe way to search, create, and share the best Stickers on the internet. StickerMobi Stickers, once indexed, can be seen by anybody using StickerMobi; therefore, it’s important to be mindful of the type of Stickers that are appropriate for the site. To do that, we’ve set up a few guidelines that we ask you follow. Thanks for helping us make StickerMobi a positive experience for everyone!
StickerMobi Golden Rules:
Keep Stickers Friendly: The purpose of Stickers is to add a bit of fun to our online lives, so keep your Stickers friendly. Do not create or upload any Sticker meant to hurt another individual.
Respect Privacy: It’s important to respect and honor the privacy and consent of the individuals depicted in your Stickers. Make sure you’re authorized to use any video or images from the appropriate people before you use them to make a Sticker.
Credit the Community: People work hard to make their Stickers, and we want to make sure they get their proper dues. Help us support the community by using StickerMobi’s share tools to make sure that the original creator is getting credit for the work.
Sharing: Sharing is great. Please use StickerMobi’s embed options, available on each Sticker’s individual page, for proper sharing on your blog or social media accounts. Before you use Stickers you find on StickerMobi or anywhere else on the web, you’ll want to make sure you’re comfortable that your use complies with any laws applicable where you’re located.
Stickers that are not allowed on StickerMobi:
Pornography & Explicit Nudity: You can’t upload anything that depicts any form of sex act or other sexually explicit material. Straight up: Your Stickers can’t show any explicit nudity at all. Sorry! In general, if it’s not something that you’d show your mom, don’t upload or create it on StickerMobi.
Violence: We mind Violence Stickers, if it’s real, it’s not allowed. Any Stickers that portray real death, mutilation, gore, or assault are not permitted.
Self-Harm: You can’t create, upload, or share anything that encourages or promotes self-harm. This includes activities or behavior related to suicide, self-mutilation, or eating disorders.
Animal Cruelty: Absolutely no Stickers of animals being harmed or abused are permitted. Period.
Bullying, Stalking, Harassment, or Threats: You can’t create, upload, or share Stickers to bully, harass, or threaten another individual.
Hate Speech: Stickers are meant for everyone, so we don’t allow any that slander, demean, or belittle another group or person based upon their race, religion, gender, or sexual orientation. Those are a definite no.
Illegal Activity: Don’t create, upload, or share Stickers of illegal activity on StickerMobi. You also can’t use StickerMobi to engage in or promote illegal activity.
Private Information: You can’t create, upload, or share Stickers that reveal any private or sensitive information about another person. This includes things such as addresses, phone numbers, passwords, and anything else that could be considered personal.
Spam: Making Stickers that advertise your businesses for your own marketing purposes is perfectly fine; however, you cannot use inaccurate tags to try to make your Stickers appear in search results that are not related to your business or promotion.
DMCA: If you’ve had your copyrighted material used to create a Sticker on StickerMobi without permission, please follow the DMCA guidelines.
Violating any of these rules may result in the removal of your content, the suspension of your account, or you may be banned from using StickerMobi. We don’t like doing that, so please respect these rules and help us keep StickerMobi an awesome place for all of our community.
To Flag a Sticker you think is violating these guidelines:
Above every Sticker on StickerMobi.com, there is a dropdown menu labeled with an ellipsis, like this: […]. Tap that, and select “Flag this Sticker,” and choose the relevant issue from the dropdown. You have to be logged in with an account to flag a Sticker. If you have specific questions about any of our policies, or if you would like to report a Sticker or user that is acting inappropriately, you can contact us here.
StickerMobi respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please immediately notify us using the contact information provided below(“Contact Us”) with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, StickerMobi will also terminate a user’s account if the user is determined to be a repeat infringer.
If you have any questions about these terms, Please contact us. email@example.com
What Information Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services. The information we gather enables us to personalize, improve, understand and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Data. Below explains in greater detail the types of information that we collect from our users.
Information You Provide to Us
If you create an Account, you will provide information that could be Personal Data, such as your email address and a password. You may also choose to provide additional Personal Data, including your contact name, information about yourself, basic demographic information including age and gender identity, a description of your channel, and links to your website or social media profiles.
Additionally, if you register for or access the Services using a Third Party Service (such as your social media account login credentials), we may receive Personal Data that you have made available to share through such Third Party Service, which may include, without limitation, your user ID, email, name, and image. You acknowledge that this information may be personal to you, and by creating an Account and providing Personal Data to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services.
Information From Others
Information Collected Automatically
We automatically receive and record information from your web browser or device when you interact with the Services, including your IP address, device ID and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Your IP address may be used to send you geographically-targeted advertisements. Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site and the Services. We may use this data in aggregate form, for example, as a statistical measure or in other anonymous forms, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Information Collected Using Cookies
• Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Services.
Information Related to Advertising and the Use of Web Beacons
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Data. This statistical information is not Personal Data and cannot be tied back to you, your Account, or your web browser.
Personal Data of Children
As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at firstname.lastname@example.org.
How, and With Whom, Is My Information Shared?
The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with Third Party Services. Below further describes the ways in which we may share your information.
Public Information About You and Your Activity on the Services
User profile and channel information that you choose to provide, including your username, contact name, GIFs you upload, information about yourself, a description of your channel, and links to your website or social media profiles, may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
Please remember that if you choose to provide Personal Data using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
Information Shared Through Third Party Services
Information Shared In Connection with Related Services
We also share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Information Shared with Our Agents
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Data with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Data or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Data with our Agents.
Information Disclosed Pursuant to a Change in Control or Sale
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others
Information We Share With Your Consent
Except as set forth herein, you will be notified when your Personal Data may be shared with third parties, and will be able to prevent the sharing of this information.
What Choices Do I Have Regarding My Information?
Access and Control Your Personal Data
• If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
• You can use many of the features of the Services without registering, thereby limiting the type of information that we collect.
• You can always opt not to disclose certain information to us, but please note that such information may be needed to take advantage of some of our features.
• You can opt-out of certain cookies and tracking technologies by following the steps set forth in the section titled “Information Collected Using Cookies” above.
• Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 416 West 13th Street, Suite 207, New York, NY 10014.
Opt-Out of Targeted Advertising
• Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices.
• Reset your mobile device’s advertising identifier or set it to opt out of targeted advertising.
• iOS: You can opt-out of targeted advertising by choosing “Limit Ad Tracking” in your device’s settings menu.
• Android: You can reset your advertising ID at any time from the Ads section under Settings on your device, or you can also opt-out of targeting advertising in this same section.
We want you to know that by opting-out of targeted advertising does not mean that you will no longer receive advertising, but just that the advertising that you do receive will not be customized to you and may feel less relevant to you.
Delete Your Account
Should you ever decide to delete your Account, you may do so by emailing email@example.com. Please note that we will need to verify that you have the authority to delete the Account. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and may remain accessible to the public.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Is the Information About Me Secure?
Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. We store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Data or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns.
Effective Date: July 10, 2018
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
If you have any questions about this section or whether any of the following applies to you, please contact us at email@example.com.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below. The legal bases depend on the Services you use and how you use them.
• Contractual Necessity:We also process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
• IP Address
• Profile Data
• Cookie Data
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties (which is not overridden by your data protection interests):
• IP Address
• Profile Data
• Device ID
• Cookie Data
Examples of these legitimate interests include:
• Operation and improvement of our business, products and services
• Marketing of our products and services
• Provision of user support
• Protection from fraud or security threats
• Compliance with legal obligations
• Completion of corporate transactions
• Consent: In some cases, we may process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Personal Data of Children: We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at firstname.lastname@example.org.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by updating any of the information contained in your user profile.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Meme & Sticker’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Meme & Sticker and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Meme & Sticker in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries. Meme & Sticker is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Meme & Sticker complies with the EU.-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data transferred from the EU to the U.S. Meme & Sticker has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). To learn more about the Privacy Shield Program, please visit www.privacyshield.gov.
In compliance with Privacy Shield Principles, Meme & Sticker commits to resolve complaints about our collection or use of Personal Data. Please contact us at firstname.lastname@example.org with any questions or concerns relating to Privacy Shield policy. Meme & Sticker has further committed to refer any unresolved Privacy Shield complaints through International Centre for Dispute Resolution - American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you can visit http://go.adr.org/privacyshield.html for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
What If You Have Questions Regarding Your Personal Data? If you have any questions about this section or our data practices generally, please contact us using the following information:
Name: Meme & Sticker Apps. Effective Date: September 05, 2018