Effective as from 6th August, 2017.
1. Acceptance of the Terms of Service
2. Changes to the Terms of Service and the Website
Beta Labs reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on http://throwback-stories.com/terms.html, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Application, Security and Privacy
4. Purchase of the Beta Labs Services
If you agree to pay the fee to access to the applicable Beta Labs Services, such fee will be charged by the company designated by Beta Labs in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Beta Labs applications are inclusive of any applicable sales taxes and fees. Beta Labs accepts a variety of different payment methods, so please check the Beta Labs Website for the best way for you to pay.
Beta Labs may change the price for the Beta Labs Paid Service from time to time. In respect of the Beta Labs Paid Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your Beta Labs Paid Service you may terminate the Beta Labs Paid Service in accordance with Section 9 (Term and termination). Your continued use of the Beta Labs Paid Service after the communication of such price change to you constitutes an acceptance of such new price.
6. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Throwback Stories is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website and Application. Because the application is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
7. Term and termination
This Agreement will become effective in relation to you when you create a Beta Labs account or when you start using the Beta Labs Services and will remain effective until terminated by you or Beta Labs. Beta Labs reserves the right to terminate this Agreement or suspend your Beta Labs account at any time in case of unauthorized, or suspected unauthorized use of the Beta Labs Service whether in contravention of this Agreement or otherwise. If Beta Labs terminates this Agreement, or suspends your Beta Labs account for any of the reasons set out in this section, Beta Labs shall have no liability or responsibility to you, and Beta Labs will not refund any amounts that you have previously paid.
8. Intellectual property
Beta Labs respects intellectual property rights, and expects you to do the same. The Beta Labs Service and the content provided through the Beta Labs Service is the property of Beta Labs or Beta Labs 's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Beta Labs Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Beta Labs Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Beta Labs Service.
9. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Beta Labs Websites and Applications are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Beta Labs 's designated copyright agent at the following email address: email@example.com or mailing address: Beta Labs Legal Department, Gonzalo Ramirez 1676, Montevideo, Uruguay. A notification of claimed copyright infringement must be addressed to Beta Labs 's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on Beta Labs Service or the Beta Labs Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Technology limitations and modifications
Beta Labs will make reasonable efforts to keep the Beta Labs Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Beta Labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Beta Labs Services with or without notice.
Beta Labs may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
12. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
i. You and Beta Labs agree that any dispute, claim or controversy arising out of or relating in any way to the Beta Labs Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the Uruguay law governs the interpretation and enforcement of this provision, and that you and Beta Labs are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of the Beta Labs service. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and Beta Labs agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Beta Labs Service are NOT subject to mandatory arbitration. Instead, you and Beta Labs agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction Montevideo, Uruguay, and that applicable Uruguayan law shall govern, without regarding to choice of law principals. iii. YOU AND BETA LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Beta Labs . Any arbitration costs or fees deemed "excessive" will be paid by Beta Labs . You and Beta Labs agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Beta Labs further agree that applicable laws of Uruguay shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Montevideo, Uruguay.
Effective as from 6th August, 2017.
User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
This Application does not collect precise information about the location of your mobile device.
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
if Beta Labs is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
· to advertisers and third party advertising networks and analytics companies as described in the section below
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.
There are multiple opt-out options for users of this Application:
Opt-out of all information collection by uninstalling the Application: You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
Opt-out from the use of information to serve targeted advertising by advertisers and/or third party network advertisers: you may at any time opt-out from further allowing us to have access to your location data by writing an email to email@example.com..
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org.