Mobile Application End User License Agreement
This Mobile Application End User License Agreement (this "Agreement") is a binding agreement between you ("you") and Eristica LTD ("Company"). This Agreement governs your use of the ERISTICA APPLICATION on the iOS, Google Play, Windows Store platform, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON/ DOWNLOADING/ INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
    1. download, install and use the Application for your personal, non-commercial use on a single mobile device/ PC owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation;
    2. access, stream, download and use on such Mobile Device the Website Content and Services (as defined in Section 9) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Website Content and Services as set forth in Section 9].
Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, [barcodes,] video, data, hyperlinks, displays, and other content associated with the Application ("Content") is prohibited.

2. User Challenges. Users of the Application create a challenge for other users ("Challenge"). Challenges are not sweepstakes, contests, or lotteries, nor are they sponsored by or affiliated in any way with Company. You agree that your participation in any Challenge is completely voluntary and at your sole risk. Neither [Apple Inc. ("Apple")] nor its affiliates are in any way affiliated with Company, Challenges, or the users who offer Challenges. You specifically acknowledge that financial transactions, bets, and wagering among users in relation to or connection with use of the Application or Challenges are strictly prohibited. Company does not engage in the business of betting or wagering, nor should users of the Application. As used in this Agreement, "bet or wager" means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, a game subject to chance, or an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome and includes the purchase of a chance or opportunity to win a lottery or other prize. You further specifically acknowledge that Company, its partners, sponsors, representatives, agents, officers, directors, employees and affiliates in no way accept, record, or facilitate the exchange of any payments, credits, or wagers among users or with third parties.

3. Age Restriction. Only individuals eighteen (18) years of age or older may use the Application. If you are less than eighteen (18) years of age, you must immediately uninstall the Application and discontinue its use.

4. General License Restrictions. You shall not:

  1. copy the Application, except as expressly permitted by this Agreement;
  2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  6. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application;
  7. [use the Application in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, emergency or life-saving purposes, vehicle control or operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;] or
  8. use the Application to in any way that:
  1. uses technology or other means to access unauthorized content or non-public [spaces], content, material or places;
  2. uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
  3. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. attempts to damage, disable, overburden, or impair Company servers or networks;
  5. attempts to gain unauthorized access to a Company computer network;
  6. attempts to gain unauthorized access to Company's user accounts;
  7. constitutes, or encourages conduct that would constitute, a criminal offense, or that gives rise to civil liability;
  8. violates this Agreement in any manner; or
  9. fails to comply with applicable third party terms and conditions or other third party policies.
5. Restrictions Relating to Challenges and Your Use. You shall not use the Application in any way, make any Challenge through the Application or make any information or materials available through the Application that:

  1. is, or encourages behavior that is, or may be considered illegal, immoral dangerous, defamatory, objectionable, indecent or pornographic or that displays, nudity;
  2. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  3. is unlawful, fraudulent, or deceptive;
  4. threatens harm to others or acts of violence;
  5. promotes or encourages self-harm of any type, including self-mutilation, eating disorders or drug abuse;
  6. harasses or bullies any person or group;
  7. is or encourages hate speech; or
  8. is or involves a claim to that you are another person or publishes another person's personal information.
In addition, we do not collect, and you are not permitted to provide through the Application, or ask anyone else to provide, sensitive information including information about medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sex life.

6. Company Requests. You agree that Company is not in any way responsible for any use of the Application by you, including any use in breach of this Agreement, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Application. Company reserves the right, in its sole discretion, to terminate any license, remove any Challenge or other material or information associated with your use of the Application, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that Company reasonably believes is or might be in violation of this Agreement.

7. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

8. Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about you, your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about, or video images of, yourself with others including, without limitation, user names, passwords, proper names, email address, address, location, [financial information (including credit card information)], [GPS location information, and information for and from third party social-media accounts]. All information we collect through or in connection with the Application ("User Information") is subject to our Privacy Policy www.eristica.com/eula. By downloading, installing, using or providing information to or through the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and you consent to the transmission of User Information to Company and its agents and third party partners, and consent to Company and its agents and third party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in the Privacy Policy.

9. Website Content and Services. The Application may provide you with access to Company's website located at www.eristica.com and www.youtube.com/user/EristicaApp (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, "Website Content and Services"). Your access to and use of such Website Content and Services are governed by Website's Terms of Use and Privacy Policy located at www.eristica.com/eula and www.eristica.com/eula, which are incorporated herein by this reference. Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.



10. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Application, the Content or Website Content and Services from your location and that access thereto may not be legal by certain persons in certain countries. If you access the Application, the Content or Website Content and Services, you are responsible for compliance with all applicable laws, including local laws.

11. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  1. the Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement unless separate terms accompany such Updates, in which case the separate terms will apply.

12. Third Party Materials. The Application may display, include or make available third party content (including data, information, applications, video images of other users of the Application and other products, services and/or materials) or provide links to third party websites or services, including through third party advertising ("Third Party Materials"). You acknowledge and agree that Company has no right or interest in, and is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links or access thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. In addition, Third Party Materials or third party services and that may be accessed from, displayed on or linked to from your MOBILE DEVICE are not available in all languages or in all countries. Company makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Materials or third party services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

13. Content. You understand that by using the application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree that the Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Application.

14. User-Generated Content. You may generate content, written, in video or other format or otherwise, while using the Application ("User-Generated Content"). You acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Company (for example, in product marketing campaigns). You grant Company and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content. You further acknowledge and agree that you, and you alone, are responsible for the User-Generated Content and the development of the User-Generated Content and that Company has no ownership interest in the User-Generated Content or rights to the User-Generated Content, except for the rights to use provided for in this Agreement. Furthermore, you agree that none of Company and its officers, directors, employees, agents, affiliates, successors and assigns assumes any responsibility for the User-Generated Content you or others submit or make available through the Application. Without limiting the generality of the foregoing, Company shall not have any responsibility for any video images posted or made available by you through the Application.

15. Term and Termination.

  1. The term of Agreement commences when you download/install the Application/acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 15.
  2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
  3. Company may terminate this Agreement at any time without notice, including if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  4. Upon termination:
  1. all rights granted to you under this Agreement will also terminate; and
  2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  1. Termination will not limit any of Company's rights or remedies at law or in equity.
16. Disclaimer of Warranties. THE APPLICATION, THE CONTENT AND THE WEBSITE CONTENT AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOU ARE USING THE APPLICATION AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION, THE CONTENT [OR THE WEBSITE CONTENT AND SERVICES] WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, THE CONTENT, ANY CHALLENGE OR THE WEBSITE CONTENT AND SERVICES FOR:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

18. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns (collectively, "Indemnitees") from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.

19. Intellectual Property. ERISTICA LTD, the Eristica logo, and other Company trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Company (collectively "Company Marks"). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third Party Marks"). The Company Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable holder thereof. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information.

20. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations and other applicable export control laws. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US and all other applicable laws prior to exporting, re-exporting, releasing or otherwise making the Application available outside in any other jurisdiction. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

22. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of [JURISDICTION] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of [JURISDICTION] in each case located in [CITY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION, THE CONTENT OR THE WEBSITE CONTENT AND SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

25. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. Only a specific, written waiver signed by an authorized representative of Company shall have any legal effect as a waiver by Company of any terms of this Agreement.

26. Modification. Company reserves the right to change or modify the terms of this Agreement or any other Company terms, conditions, or policies related to use of the Application (including those identified in this Agreement) at any time and at its sole discretion by posting revisions on the Company website (http://www.eristica.com) or within the Application. Continued use of the Application following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications.

27. Third Party Beneficiary. User agrees that Company's service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries of this Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning indemnification, disclaimer of warranties, and limitation of liability.

28. Apple EULA Terms. This Agreement incorporates and supplements the Apple Minimum Terms of Developer's End-User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/).

Mobile App Privacy Policy
Introduction

Eristica LTD ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you download, install, register with, access, use or make purchases through the ERISTICA APPLICATION (the "App").
  • Our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to information we collect in the App and in e-mail, text and other electronic communications sent through or in connection with the App.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through the App.
  • You provide to or is collected by any third party. (See below under "THIRD-PARTY INFORMATION COLLECTION.")
  • Is collected from social networks, websites, data bases of any kind.
Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use the App. By downloading, registering with or using the App, you agree to this privacy policy. This policy may change from time to time. (See below under "CHANGES TO OUR PRIVACY POLICY.") Your continued use of the App after we make changes is deemed to be acceptance of those changes.

Our Policy Toward Children's Information

The App is not directed at or intended for individuals 18 years of age or older. We do not knowingly collect personal information from individuals under 18 years. We therefore also ask you, if you are under 184 years old, please do not send us your personal information (for example, your name, address and date of birth and etc), do not accept this policy on your behalf, and please, avoid getting access to and using to the Aapp. If you are under 184 years old and you nevertheless wish to ask a question or use this aApp in anyway please get your parent or guardian to do so on your behalf.

If we learn we have collected or received personal information from individuals under 18, we will delete that information and your access to the App will be blocked. If you believe we might have any information from or about an individual under 18, please contact us at Info@eristica.com.

Information We Collect and How We Collect It

We collect information from and about users of the App:

  • Directly from you when you provide it to us.
  • Automatically when you use the App.
  • When you register for the App by logging into an account that you already have with certain third-party social networking services (each, a "3rd Party Site") (including, but not limited to, Facebook, VKontakte and Twitter) via our App. For example, our App allows you to create an account and login to the App using your Facebook account credentials through Facebook Connect. If you are not currently registered as a user on the App and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join.
Information You Provide to Us.

When you download, register with or use the App, we get or may ask you to provide information that can be used to contact or identify you ("personal information"). Personal information may include, but is not limited to:

  • first and last name
  • home or physical address and postal address
  • profile photo
  • free-form biography
  • geo-location information
  • website and e-mail address or other online contact information, including a screen and user name that functions as online contact information
  • telephone number or any other identifier by which you may be contacted online or offline
We may collect other information, which may be or contain personal information, including:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, and posting material and requesting further services. We may also ask you for information when you enter or propose a challenge, contest or promotion sponsored by us, and when you report a problem with the App.
  • Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
  • Your search queries on the App.
If you decide to create your user account by logging into a 3rd Party Site via the App, you are using the personal information you have already provided to the 3rd Party Site (such as your real name or online name, email address and other information you make publicly available via the 3rd Party Site) to create your user account on our App; the information we collect may depend on the privacy settings you have with the 3rd Party Site, so please consult the 3rd Party Site's privacy and data practices. For example, by using Facebook Connect, you are allowing Company to access the personal information in your Facebook account pursuant to the Facebook Terms of Use regarding your use of the App via Facebook. We use your personal information(in some cases, in conjunction with your non-personal information) to provide the App to you.

You may provide information, video, texts, images, other content to be published or displayed ("Posted") on public areas of the App and websites you access through the App (collectively, "User Contributions"). When you create and upload your videos, texts, images, other information and content, You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all applicable policies, including this App policy rules. You shall not use the App and websites you access through the App in a manner that violates such laws, rules and regulations, third parties' rights or any applicable policies or in a manner that is deceptive, unethical, false or misleading. Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

If we learn you have uploaded any User Contributions that violates such laws, rules and regulations, third parties' rights or any applicable policies or in a manner that is deceptive, unethical, false or misleading , we will delete that User Contribution(s) and reserve our right to block your access to our the app or any our websites, on permanent or constant basis.

Automatic Information Collection And Tracking.

When you download, access and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, you provide us with your permission and we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
  • Device Information. By getting access and using the App you provide us with your permission and we may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
  • Stored Information and Files. By getting access and using the App You also provide us with your permission and the App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
  • Location Information. This App collects real-time information about the location of your device.
The collected information can and may be used to target commercial advertisements or content, in-app purchases and other kinds of content. We disclose only statistical information which can improve our and third-party's targeting algorithms.

If you do not want us to collect this information do not download the App or delete it from your device. For more information, see below under "YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION." Note, however, that opting out of the App's collection of location information will cause its location-based features to be disabled.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking). See below under "YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION; TRACKING TECHNOLOGIES" for information on how you can opt out of behavioral tracking on or through this App and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

Information Collection And Tracking Technologies.

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone or other mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone or other mobile device. However, if you select this setting you may be unable to access certain parts of the App.
  • Web Beacons. Pages of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit
  • Company, for example, to count users who have visited those pages and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).
Third-party Information Collection

As part of the App, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the App. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our App. To the extent that you access or use the App through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see below under "YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION."

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and the services and content associated with it, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account or subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • Send you push notifications about updates and changes of any kind inside our App.
The usage information we collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.
We use location information we collect to target in-app purchases, commercial advertisements and other kinds of content.

Disclosure of Information We get

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

To our subsidiaries, affiliates, our employees and shareholders.

To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor to Company in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information and other data held by Company about the App users is among the assets transferred.

To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see below under "YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION."

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.



To comply with any court order, law or legal process, including to respond to any government or regulatory request.

To enforce our rights arising from any contracts entered into between you and us, including the Mobile Application End User License Agreement for the App (the "App EULA"), terms of sale www.Eristica.com/termsofsale and for billing and collection.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Eristica LTD, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may share the information in your App account (including your personal information) with the 3rd Party Sites that you have linked to your App account. These third parties have access to your personal information only for this purpose (unless the 3rd Party Site has received your personal information independently of the App) and not for other purposes.

We may allow users to link their Facebook, VKontakte, Twitter or other third-party social networking services accounts to our App. Users can then post recent activity on our App back to their Facebook, VKontakte, Twitter and other social site accounts. You will be prompted to decide whether or not your activity on the App will be shared and disclosed on your Facebook, VKontakte, Twitter or other social site account service. You can disable the foregoing feature at any time by logging into your profile and selecting the option to disable Facebook Connect, VKontakte, Twitter or other social networking site. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook, VKontakte, Twitter or other social networking service by making selections in your "Edit Profile" settings via the App.

Your Choices about Our Collection, Use and Disclosure of Information We get

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
  • Targeted Advertising by Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by adjusting your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail or text message stating your request to Info@eristica.com.
  • We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
Accessing and Correcting Your Personal Information

We cannot delete your personal information as we get access to it with your permission via 3rd Party Sites. Additionally, we cannot control the actions of third parties with whom you may choose to share your personal information. Therefore, we cannot and do not guarantee that your personal information will not be viewed by unauthorized persons. If you would like to limit access to your personal information uploaded via 3rd Party Sites, update, remove your personal information, modify your preferences, we encourage you to read carefully all applicable policies uploaded at the 3rd Party Sites and communicate them if any support necessary.

If any communications reach you and you believe that they have been sent by or on behalf of Company, but you do not want to receive such communications, please, contact us by e-mail: Info@eristica.com.

Proper access and use of information provided on the App, including User Contributions, is governed by the App EULA (www.eristica/com/terms).

Privacy Rights under Laws of Certain Jurisdictions

Your personal information may be transferred to -- and maintained on -- computers and servers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Company may transfer personal information to the United States or other countries and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The laws of certain jurisdictions may permit users of the App to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to Info@eristica.com.

Any operations and data, which is marked as private by the user, will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy



We may update our privacy policy from time to time. We will post the new privacy policy on this page with a notice that the privacy policy has been updated, and your access to the App immediately following updating the policy will be postponed until getting your acceptance with the revised policy. You may also freely chose to reject the revised policy, however, in this case we will be pushed to reject your access to the App.

The date the privacy policy was last revised is identified at the top of the page.



Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Info@eristica.com

www.Eristica.com

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