“Personal Data” means at least information that identifies an individual directly or indirectly, and includes personal data or personal information as those terms are defined by applicable law.  Personal Data includes, but is not limited to, name, mailing address, e-mail address, telephone number, and device identifiers. 

Personal Data does not include information that has been anonymized or aggregated in such a way that it can be used to re-identify an individual, whether on its own or in combination with other information.

While using the Services, you may provide us with Personal Data either directly or indirectly. The categories of Personal Data we process depend on how you interact with us, our Services, and the requirements of applicable law. Generally, we process Personal Data that you provide to us directly, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations. See below for more details regarding each category.

Data You Provide to Us Directly

Account data: You are not required to create a Jam City account to play our games. However, we may offer you the ability to create a publicly-facing username. 

Player Programs: We may process additional information (i.e., your name, email address, birthday, gender, device ID, Facebook ID, and IP address) from you if you enroll in one of our player-facing programs. 

Purchase data: If you choose to purchase any virtual goods as part of your use of the Services, to the extent available, we or our third-party service providers on our behalf may collect your purchase history. Any payments made via our Services are processed by third-party payment processors: we do not collect or store any payment card information or banking entered through our Services, but we may receive information associated with your payment card information (i.e., Device ID, Player ID, Facebook ID, ISO Country Code, ISO Currency Code, Transaction ID, and total amount spent).

Communications with us: We may process Personal Data (i.e., Device ID, Player ID, Facebook ID, SIWA ID, ISO Country Code, and email address) when you request information about our services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

Surveys: We may contact you to participate in surveys. If you decide to participate, we may collect Personal Data (i.e., name, email address, age, and gender) from you in connection with the survey.

Interactive features: We process Personal Data (including Player ID and username) that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.

Sweepstakes or contests: We may process Personal Data (i.e., name, email address, social media username, and city, state, and country location data) you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information (such as full names) of sweepstakes and contest winners.

Conferences, trade shows, and other events: We may collect Personal Data (i.e., name and email address) from individuals when we attend or host conferences, trade shows, and other events.

Job applications: We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your Personal Data, such as your application, resume/CV, cover letter, and/or any other information you provide to us. For more information, please see our Job Applicant Privacy Policy.

Data We Receive When You Use The Services

• Processing of Website and/or Device Data

We also may collect the following categories of Personal Data from our website or your device when you are using the Services or are navigating to the Services from other (third-party) websites for marketing purposes: certain information about your computer or mobile device including operating system of your computer/device, device ID, software version, Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, language, details about your browser, location information (including inferred location based off your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your Player ID and the devices you use.

• Crash reports

If you provide crash reports, we may process Personal Data related to such crash reports, including Client ID, Device ID, Player ID, and detailed diagnostic information about your device and the activities that led to the crash of our Services. We use Google Firebase Crashlytics to allow us to better understand how our digital Services are being used and to continually improve our Services. For more information, please visit www.google.com/policies/privacy/partners/.

• Cookies, Pixel Tags/Web Beacons, Analytics Information, Mobile Device Identifiers, and Interest-Based Advertising.

We use cookies, pixel tags, and other technologies (“Technologies”) to process Personal Data through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of Personal Data whenever you visit or interact with our Services. Jam City’s websites include only cookies necessary for website functionality. 

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects Personal Data about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Mobile Device Identifiers. Depending on your privacy settings, we may share the advertising identifier associated with your mobile device or tablet (such as the Apple IDFA and Google Advertising ID) with advertisers. An advertising identifier is an alphanumeric string that can be used to identify your device so that advertisers can serve relevant ads to you. An advertising identifier is assigned, and ad tracking is turned on, by default on your mobile device. You may limit the use of or reset your advertising device ID using the privacy settings on your mobile device. In some cases, you may need to reset the operating system to reset the advertising device ID.

Analytics. We may also use Technologies and other third-party tools to process Personal Data regarding visitor behavior and visitor demographics on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of these Technologies include:

• Adjust: To learn more about Adjust’s analytic tracking, you can review the Adjust Privacy Policy. To opt out of tracking by Adjust, visit: https://www.adjust.com/forget-device

Backend Services. We may also use Technologies and other third-party tools to process Personal Data for backend services. We use PlayFab for backend services. PlayFab collects geolocation at a country level. For more information, please see the Microsoft privacy policy: https://privacy.microsoft.com/en-US/privacystatement We use UserCentrics for backend services and analytics. For more information, please see the UserCentrics privacy policy: https://usercentrics.com/privacy-policy/

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;

Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;

Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.

For more information about your ability to control the use of these Technologies, please see Your Rights and Choices below.

Data We receive From Other Sources

Social Networking Services: We also may receive Personal Data from other third parties if you sign-up to use the Services via certain third-party social networking sites, such as Facebook (including on Facebook canvas), Apple, or Google (each a “Social Networking Service”). In this case, we may receive and use Personal Data you have provided to such Social Networking Services and made available via your account privacy settings, such as your name, profile picture, friends list and/or email address.

Third party vendors and related parties: We may receive Personal Data from third party vendors and related parties in connection with receiving analytics, advertising, security, and fraud prevention services.

We process Personal Data for a variety of business purposes, including:

To provide products, Services, or information requested including to manage user information; respond to questions, comments, and other requests; provide access to certain areas, functionalities, and features of our Services; to provide you with crash reports; answer requests for customer or technical support; and allow you to register for events. This processing of Personal Data is based on Art. 6 (1) lit. a (consent), lit. b (performance of the contract) or lit. f (legitimate interest). Our legitimate interest is to provide you with information regarding events, sweepstakes or similar, but also to inform you about ads to our Services. 

For administrative purposes including to: 

• measure interest and engagement on our Services and optimize gameplay; conduct research and development; improve or develop new products and Services; and ensure internal quality control; based on Art. 6 (1) lit. a and f GDPR (consent, legitimate interest);  
• authenticate and verify an individual’s identity, including for requests to exercise your rights under this Privacy Policy; communicate with you about your activities on our Services and policy changes; process your Purchase data for products or Services purchased; process transactions and process transactions based on Art. 6 (1) lit. a GDPR (consent), Art. 6 (1) lit. b GDPR (performance of the contract) or 6 (1) lit. f GDPR (legitimate interest for advertisement);
• prevent potentially prohibited or illegal activities; and enforce our terms based on Art. 6 (1) lit. c GDPR (compliance with legal obligation). 

To Market Our Products and Services including to provide you with materials about offers, products, and Services that may be of interest, including new content or Services based on Art. 6 (1) lit. a GDPR (consent) or Art. 6 (1) lit. f GDPR (legitimate interest). We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking and retargeting. Such uses include to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you; and other purposes you consent to or are disclosed when you provide Personal Data according to Art. 6 (1) lit. a GDPR (consent) and Art. 6 (1) lit. f GDPR (legitimate interest). 

To Create De-Identified and Aggregate Reports. We may use Personal Data and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, de-identified or aggregated information about the computer or device from which you access our Services, or other analyses we create. 

Other Uses. We may use Personal Data to pursue according to Art. 6 (1) lit. f GDPR (legitimate interest) for research (including marketing research), network and information security, and fraud prevention purposes.

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

As part of our business, we disclose your Personal Data to the categories of recipients below.

Other Jam City Registered Users:

If you register for the Services and submit your Personal Data to create a profile in our games, other registered users will see your username. Since your username is public, we recommend that you do not use your real name as your Subscriber Identifier since that may allow others to identify you in the real world.

Service Providers:

We may share any Personal Data we collect about you with our third-party service providers listed here. The types of service providers to whom we entrust Personal Data include service providers for the provision of the Services, the provision of information, products, marketing and advertising, analytics, customer service activities, and the provision IT and related services.

Business Partners:

We may share your Personal Data with business partners to provide you with a product or service you have requested. We may also share your Personal Data with business partners with whom we jointly offer products or services.

Disclosures to Protect Us or Others:

We may access, preserve, and disclose your Personal Data, other player data, and content if we believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; respond to your requests; protect your, our or others’ rights, property, or safety; to enforce our policies or contracts; to collect amounts owed to us; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if we, in good faith, believe that disclosure is otherwise necessary or advisable to protect us or third parties.

Social Networking Services:

We may share the information in your Jam City player profile (including your Personal Data) with the Social Networking Service you have linked to your Jam City player profile to provide you with enhanced services. These third parties have access to your Personal Data only for this purpose (unless they legitimately have received your Personal Data independently of the Jam City service) and are obligated not to disclose or use it for any other purpose.

Business Transfers:

Jam City may sell, transfer, or otherwise share some or all of its assets, including your Personal Data, in connection with an actual or proposed merger, acquisition, receivership, reorganization, purchase or sale of assets, transition of service to another provider or in the event of bankruptcy, as permitted by law and/or contract.

APIs/SDKs:

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Data to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

Advertising Partners: 

We may share your Personal Data with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

Automated Decision-Making:

We engage in automated decision making, including profiling. For example, we may engage in automated decision making to scale your difficulty level in our apps. Jam City’s processing of your Personal Data will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below.

Unsubscribing from Email and Electronic Communications

If you receive a marketing or newsletter email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have purchased, as well as emails with certain non-promotional communications regarding us and our Services (e.g., regarding the Services or updates to this Privacy Policy).

Push Notifications and Precise Geolocation

We may send you notifications through our mobile application. You may at any time change the settings on your mobile device. 

To stop the device location tracking by us, you may change the settings on your mobile device.

Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers except as required by applicable law. However, if our site detects a GPC signal from your device, we will interpret it as either a Do Not Sell request or a request to limit the sale or sharing of Personal Data for targeted advertising depending on the law applicable to your jurisdiction.

Cookies and Interest-Based Advertising

Jam City’s websites include only cookies necessary for website functionality. 

The online advertising industry provides tools from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in certain self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

You can see the list of companies that may implement and/or access cookies and other technologies on your mobile device, and how to opt-out of such technologies (where available) at the Transferees and Service Providers table below.

Your Choice

You are not obliged to give us your Personal Data or consent for the processing of your Personal Data. You have moreover certain choices about Personal Data, e.g., where you have consented to the processing of your Personal Data, you may withdraw that consent at any time and prevent further processing by contacting us. Even if you opt-out, we may still collect and use non-personal data regarding your activities on our Services and for other legal purposes as described above.

Your Data Subject Rights

If you are based in California, Colorado, Connecticut, Nevada, Oregon, Texas, Utah, or Virginia, you have additional rights with respect to your Personal Data. Click here to view the section regarding your rights.

If you are based in Europe or other jurisdictions outside the US that offer your rights, , you have the rights explained in this section in accordance with applicable laws. If you want to exercise any of your rights or receive further explanation about them, please contact us via the contact details at the bottom of this Privacy Policy. Please note that some of these rights may be connected to certain statutory preconditions and thus, might not be applicable to you and your specific situation.

• Right of access

You have the right to request information about your Personal Data processed by us in accordance with applicable law, including Art. 15 GDPR. In particular, you may request information about the purposes of the processing, the category of Personal Data, the categories of recipients to whom your Personal Data has been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or to object to processing, the existence of a right to object, the origin of your data if it has not been collected from us, as well as the existence of an automated decision-making process including profiling and, if applicable, meaningful information on their details.

• Right to rectification / request correction

You have the right to immediately request according to Art. 16 GDPR that we correct Personal Data that we have incorrectly or incompletely stored. You may also have the right to have incomplete or outdated personal data completed, including by means of providing a supplementary statement. In some cases, we may provide self-service tools that enable you to update your Personal Data.

• Right to Withdraw Consent

Where our processing of your Personal Data is based on your consent, you have the right to withdraw such consent at any time in accordance with Art. 7 (3) GDPR. The withdrawal of your consent will not affect the lawfulness of the processing based on consent before its withdrawal.

• Right to refuse the transfer of Personal Data Abroad

If you wish to refuse to transfer your Personal Data abroad, as described below, please contact us at privacy@jamcity.com. In the event that you refuse the transfer of your Personal Data abroad, Jam City would be unable to provide the Services to you. 

Under certain circumstances, you may have additional rights:

• Right to request information about the use of any automated decision system

You may have the right to request information about the use of any automated decision system and the impact it may have on you. You have the opportunity to submit observations regarding the use of any automated decision system to privacy@jamcity.com.

• Right to erasure / right to be forgotten

You may have the right to request from us to permanently delete your Personal Data in accordance with Art. 17 GDPR, unless processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims. . You can make such a request if you, for example, believe that the Personal Data are unnecessary, excessive, or noncompliant in relation to the purpose for which the Personal Data were processed.

• Right to restrict the processing activities

You may have the right to request restriction based on Art. 18 GDPR to our processing activities if accuracy of the data is disputed by you, the processing is unlawful but you refuse its erasure and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR.. If you choose to restrict our processing activities as it relates to providing the Services, you might not be able to use them.

• Right to data portability

According to Art. 20 GDPR, you may have the right to request from us that we send your Personal Data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.

• Right to lodge a complaint with a supervisory authority

If you are unsatisfied with the way we treat your Personal Data, you may reach out to us at all times to solve the issue. However, you always have the right to lodge a complaint with a supervisory authority.

• Office of the Australian Information Commissioner
• Autoridade Nacionalde Proteçãode Dados (ANPD) 
• EEA Data Protection Authorities (DPAs) pursuant to Art1. 77 GDPR
• Swiss Federal Data Protection and Information Commissioner (FDPIC)
• UK Information Commissioner’s Office (ICO)
• Spanish Data Protection Agency (AEPD)
• Commission d’accès à l’information (CAI)
• Office of the Privacy Commissioner of Canada (OPCC)
• Korea Internet & Security Agency (KISA)

As a rule, you can contact the supervisory authority of your usual place of residence or workplace or of our place of business.

• Right to object to the processing activities

You have also the right to object at any time to the processing of Personal Data concerning you on the basis of Art. 6 (1) lit. f GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. If you file an objection, we will no longer process your Personal Data unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

If you would like to exercise any of the rights listed above, please open a customer support ticket by clicking on this link: https://support.jamcity.com/privacyrequest/. We will process such requests in accordance with applicable laws. To protect your privacy, Jam City may take steps to verify your identity before fulfilling your request.

Jam City is concerned with safeguarding your Personal Data, and we take steps designed to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with applicable laws. Our and the service providers’ security measures are continuously improved in line with technological developments. We therefore reserve the right to change these security and data protection measures if this becomes necessary due to technical changes.

Identity theft and the practice currently known as “phishing” are of great concern to Jam City. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your “account ID”, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

All Personal Data collected by Jam City may be transferred, processed, and stored anywhere in the world, including but not limited to the United States in order to provide the Services.  As such, your information may be transferred to — and maintained on — computers 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 choose to provide Personal Data to us, Jam City will transfer your Personal Data in accordance with the table below in order to provide the Services. 

If we transfer Personal Data which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

For more information about the safeguards we use for internal transfers of your Personal Data, please refer to the table below or contact us as set forth below.

Transferee, Service Provider & Contact Information	Country of Transfer (location of storage subject to change from time to time)	Transfer Date & Method	Purpose of Transfer	Types of Personal Data Transferred	Retention Period
Jam City, Inc. privacy@jamcity.com	United States	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCTO, ULC (Jam City, Inc. subsidiary) privacy@jamcity.com	Canada	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
Jam City Germany GmbH (Jam City, Inc. subsidiary) privacy@jamcity.com	Germany	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCBA S.A.U. (Jam City, Inc. subsidiary) privacy@jamcity.com	Argentina	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCMV S.A. (Jam City, Inc. subsidiary) privacy@jamcity.com	Uruguay	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
Amazon Digital Services LLC Opt-out: https://www.amazon.com/gp/help/customer/display.html?nodeId=GX7NJQ4ZB8MHFRNJ	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services	Device ID, Username, IP address	Until contract ends
Google, LLC: Opt-out: http://tools.google.com/dlpage/gaoptout	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services; Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP address, Cookies	Until contract ends
Meta Platforms, Inc. Opt-out: https://www.facebook.com/privacy/policy?section_id=6-HowCanYouManage	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services	Device ID, Username, IP address	Until contract ends
Microsoft Co. Opt-out: https://go.microsoft.com/fwlink/?LinkID=286759	United States	Online transfer when using the Services	Providing the Services	Device ID, Username, IP address	Until contract ends
UserCentrics GmbH privacy@usercentrics.com	Germany	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis	Device ID, IP address, Geolocation	Until contract ends
Helpshift, Inc. privacy@helpshift.com	United States	Online transfer when using the Services	Customer Support – Answer Requests for Customer or Technical Support	Device ID	Until contract ends
Adjust, Inc. Opt-out: https://www.adjust.com/terms/privacy-policy/	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP address	Until contract ends
Amazon Web Services, Inc. Opt-out: https://aws.amazon.com/privacy/	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP Address	Until contract ends
Appfigures, Inc. Opt-out: https://appfigures.com/privacy	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Username	Until contract ends
Databricks, Inc. Opt-out: https://www.databricks.com/legal/privacynotice	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, IP Address, Email Address	Until contract ends
Elasticsearch, Inc. Opt-out: https://www.elastic.co/legal/privacy-statement#your-privacy-rights	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Username	Until contract ends
Aarki LLC Opt-out: https://corp.aarki.com/ad-privacy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Adikteev, Inc. Opt-out: https://www.adikteev.com/privacy-policy-app-users	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Adjoe GmbH Opt-out: https://adjoe.io/privacy/	Germany	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Apple Inc. Opt-out: https://searchads.apple.com/privacy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
AppLovin Co. Opt-out: https://www.applovin.com/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Bestitos Corp. d.b.a. KashKick Opt-out: https://kashkick.com/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
BidMachine, Inc. Opt-out: https://bidmachine.io/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Bytedance Pte. Ltd. d.b.a. Pangle Opt-out: https://www.pangleglobal.com/privacy/enduser-en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Carta Marketing Firm, Inc. d.b.a. Zucks Opt-out: https://zucks.co.jp/en/privacy/	Japan	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Chartboost, Inc. Opt-out: https://www.chartboost.com/legal/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Digital Turbine, Inc. Opt-out: https://www.digitalturbine.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Fluent LLC Opt-out: https://fluentco.com/privacy-policy-consumer-facing-product-service-websites/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Influence Mobile, Inc. Opt-out: https://www.influencemobile.com/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
ironSource Mobile Ltd. Opt-out: https://developers.is.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/	Israel	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Liftoff Mobile, Inc. Opt-out: https://liftoff.io/opt-out/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
The Rocket Science Group, LLC d.b.a. Mailchimp Opt-out: https://mailchimp.com/about/privacy-rights/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Name, email address, birthday	Until contract ends
Mintegral North America, Inc. Opt-out: https://www.mintegral.com/en/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Mistplay Inc. Opt-out: https://www.mistplay.com/legal/privacy	Canada	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Moloco, Inc.  Opt-out: https://www.moloco.com/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Prodege, LLC Opt-out: https://www.prodege.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Samsung Electronics Co., Ltd. Opt-out: https://www.samsung.com/us/account/privacy-policy/samsungads/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Smadex, S.L.U. Opt-out: https://smadex.com/privacy-policy/	Spain	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Tapjoy, Inc. Opt-out: https://dev.tapjoy.com/en/legal/Privacy-Policy?	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
TapResearch, Inc. Opt-out: https://www.tapresearch.com/legal/privacy-policy-en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
TikTok Inc. Opt-out: https://www.tiktok.com/legal/page/us/privacy-policy/en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
tvScientific, Inc. Opt-out: https://www.tvscientific.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Unity Technologies ApS Opt-out: https://unity.com/legal/game-player-and-app-user-privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
The Walt Disney Company Opt-out: https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/#heading4	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends

We will store your Personal Data for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. We will destroy your Personal Data when retaining your Personal Data is no longer necessary to provide the Services or fulfil these purposes. In such case, Personal Data stored electronically will be permanently deleted, and any stored physical records will be destroyed.

Collection and Disclosure of Personal Data

The categories of Personal Data we have collected within the last twelve (12) months about you, as well as the categories of persons to whom we have disclosed this information, are described in the table below.

Category of Personal Data Collected by Jam City	Category of Third Parties Personal Data is Disclosed to for a Business Purpose	Category of Third Parties to Whom Personal Data is Sold And/or Shared
Identifiers.   A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, username, or other similar identifiers.	Service providers  Other users Advertising partners  Data analytics providers Social networks	Advertising Partners Data analytics providers  Social networks
Personal Data categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))  A name, address, telephone number, or financial information.	Service providers  Other users Advertising partners  Data analytics providers	Advertising Partners Data analytics providers Social networks
Protected classification characteristics under California or federal law  Age.	Service providers  Advertising providers Data analytics providers	Advertising providers Data analytics providers  Social networks
Commercial information  Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Service providers  Advertising partners  Data analytics providers	Advertising partners  Data analytics providers  Social networks
Internet or other electronic network activity, including browsing history, search history, and information regarding a consumer’s interaction with an internet website application or advertisement.	Service providers  Data analytics providers	Service providers Data analytics providers
Non-precise geolocation data Physical location or movements.	Service providers  Advertising partners  Data analytics providers	Advertising partners Data analytics providers  Social networks
Inferences drawn from other Personal Data to create a profile about a consumer Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Service providers  Other users Advertising partners  Data analytics providers Social networks	Advertising Partners Data analytics providers  Social networks

The categories of sources from which Personal Data is collected, and further details regarding our collection practices, are set out in Personal Data We Process above. 

Use of Personal Data

We use and disclose the Personal Data we collect for the purposes outlined in the Our Purposes For Processing Your Personal Data section above. Where required under applicable law, we will not collect additional categories of Personal Data or use the Personal Data we have collected for materially different, unrelated, or incomplete purposes without first providing you notice.

Sales/Sharing/Targeted Advertising

Some of our disclosures of Personal Data may be considered a “sale” or “share” as those terms are defined under applicable law. In many states, a “sale” is broadly defined to include a disclosure for something of value, and, in California, a “share” is broadly defined to include a disclosure for cross-context behavioral advertising. We collect, sell, or share the categories of Personal Data as described in the table above. We do not knowingly sell or share the Personal Data of minors under 16 years old.

Sensitive Personal Data

Some of the Personal Data we collect may be considered sensitive Personal Data (i.e., precise location) under applicable law. Where required by applicable law, we collect your sensitive Personal Data with your consent. We collect, use, and disclose sensitive Personal Data only for the permissible business purposes for sensitive Personal Data under applicable law. We do not sell or share sensitive Personal Data.

Retention

The criteria used to determine the period of time were retain your Personal Data is outlined in Retention Period above. 

Your Rights

Verifiable Requests

Subject to applicable law (and verification as applicable), you have the right to request the following from us:

• To Know and Access: a copy of the specific pieces of Personal Data we have collected about you. You also have the right to confirm whether we are processing your Personal Data and what Personal Data we have collected about you, the categories from which Personal Data was collected, the business or commercial purposes for collecting, selling, or sharing Personal Data, the categories of Personal Data that we sold, shared, or disclosed for a business purpose, and the categories of third parties to whom we disclosed Personal Data. To exercise this privacy right, you may submit a request at https://support.jamcity.com/privacyrequest/, or by contacting us at privacy@jamcity.com. 
• Deletion: that we delete your Personal Data. This right may be limited to the extent that we are permitted or required by applicable law to retain certain information. (Note that if you request deletion of your Personal Data, you may no longer be able to use or access the Services. If you decide to use or access the Services again, we may consider this a new profile, and may collect Personal Data associated with that profile in accordance with this Privacy Policy.) To exercise this privacy right, you may submit a request at https://support.jamcity.com/privacyrequest/, or by contacting us at privacy@jamcity.com.
• Opt-Out of Sales / Sharing / Targeted Advertising: You have the right to opt-out of us selling or sharing your Personal Data to third parties, or processing your Personal Data for purposes of targeted advertising. To opt out of such selling, sharing, and targeted advertising within our apps, you may click the “Do Not Sell or Share My Personal Information” button in the menu of our apps, provide the information requested in this opt out form: https://support.jamcity.com/stateoptout/, or email us at stateoptout@jamcity.com.
• Correction: the correction of inaccurate Personal Data that we have on file about you. To exercise this privacy right, you may contact us at privacy@jamcity.com.

If you are an Oregon resident, you also have the right to request a list of the specific third parties to whom we have disclosed Personal Data.

To exercise any of these rights, submit a request through the applicable form listed above, contact us at privacy@jamcity.com (specifying the rights you wish to exercise), or call our toll-free number at 1-800-819-0199. 

These rights are verifiable rights, meaning that we are required by law to take reasonable steps to verify your identity prior to responding to your request. If we are unable to process your request via you authenticating yourself on the Services, we may verify your request by asking for information sufficient to confirm your identity, such as your name, email address, and phone number. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and as permitted by applicable law. Where required by applicable law, we will notify you if we reject your request, and notify you of the reasons we are unable to honor your request. 

Exemptions and Designated Methods

Please note that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). To the extent permitted by law, rights requests must be exercised through the applicable designated method listed herein. We will not discriminate against you, in terms of price or services that we offer, if you exercise any of the rights listed above.

Authorized Agent

Depending on where you live, you may have the right to use an authorized agent on your behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a user to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the consumer. If you are an authorized agent trying to opt out of selling, sharing, and targeting advertising on behalf of a consumer, then you can make a request on the consumer’s behalf by providing the information requested in this opt out form: https://support.jamcity.com/stateoptout/, or by contacting us at stateoptout@jamcity.com. If you are an authorized agent trying to exercise data access or deletion rights on behalf of a consumer, then you can make a request on the consumer’s behalf by providing the information requested in this form: https://support.jamcity.com/privacyrequest/, or by contacting us at privacy@jamcity.com. If you are an authorized agent trying to exercise any other privacy right on behalf of a consumer, you may contact us at privacy@jamcity.com. To the extent permitted by applicable law, such requests must include the following information: (1) a written authorization from the consumer that includes the consumer’s first name, last name, and valid email address used by the consumer to interact with us, that is signed by the consumer and clearly bestows upon the agent the proper authority; and (2) a certificate of good standing with your state of organization.  Alternatively, an acting agent can provide a valid power of attorney signed by the consumer on the agent’s behalf and a valid email address used by the consumer to interact with us. The email address of the consumer will be used to separately verify the agent’s authority with the consumer. The consumer may then be directed to submit a request through the designated methods above. 

Appeals

For some jurisdictions, you have the right to appeal our decision in response to your request. To appeal, please write us at the email or postal address set out in the “Contact Us” section and specify what you wish to appeal. We will review and respond to your appeal in accordance with applicable law. If we deny your appeal, you may submit a complaint to your Attorney General as follows:

• For Colorado residents: https://coag.gov/file-complaint/
• For Connecticut residents: https://www.dir.ct.gov/ag/complaint/ 
• For Oregon residents: https://justice.oregon.gov/consumercomplaints/  
• For Texas residents: https://oag.my.salesforce-sites.com/CPDOnlineForm 
• For Utah residents: https://attorneygeneral.utah.gov/contact/complaint-form/ 
• For Virginia residents: https://www.oag.state.va.us/consumercomplaintform

Financial Incentives

We may ask you to provide Personal Data in exchange for a reward or participation in a promotion or other program. These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. Under California law, these programs may be considered a financial incentive and are subject to the terms disclosed to you at the time you sign-up to participate. The value of your Personal Data to us depends on how you ultimately use our Services. Said value will be reflected in the incentive offered in connection with each program. You may withdraw your consent for participating in the financial incentives at any time. In order to withdraw, please contact us as described in the “Contact Us” section below. 

Shine the Light Disclosure

California residents are entitled to ask us for a notice that identifies the categories of Personal Data that we share with our affiliates and/or third parties for their own direct marketing purposes, and provides contact information for such affiliates and/or third parties. If you are a California resident and would like this information, please submit a written request to as described in the “Contact Us” section below (specifying that you are making a “California Shine the Light Request”). 

De-Identified Information

Sometimes we anonymize or de-identify information so it is no longer considered Personal Data under applicable law. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.  

Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@jamcity.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your profile. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.

Protecting children’s privacy online is very important to us. Generally, our Services are not directed to children under 13 (or other age as required by local law), and the Services do not knowingly collect Personal Data from children. However, we do have some games that are likely to appeal to children.

For games that are not directed at children but nonetheless may appeal to them, we take additional steps to limit access to these Services based on the user’s age. For these services, when a user indicates they are under 13 (or the applicable age in their territory), we will limit their access to certain features, such as social media plug-ins, chat features, and certain types of notification alerts. For known underage users, we also limit personal data collection and sharing to only what is necessary to support the internal operations of our Services, including flagging underage users to provide the underage experience and serving contextual advertising. For more information on how we use personal data for users 13 or older (or the applicable age in their territory), please see the Personal Data We Process section above. 

If you are a parent or guardian and have any concerns regarding the service, wish to review information collected from your child, or have that information modified or deleted, you may contact us at privacy@jamcity.com. If we become aware that a child has provided us with Personal Data, we will delete any Personal Data we have collected, unless we have a legal obligation to keep it, and terminate the child’s profile and/or revert them to the underage experience, as applicable.

Service Providers

We use the following service providers in relation to children in our apps, including Frozen Adventures, Frozen Free Fall, Emoji Blitz, and Magic Match 3D. If you have any questions about these service providers, you may contact us at privacy@jamcity.com.

• We use Google Crashlytics and Firebase for bug reporting, crash reporting and analytics. 
• We use Helpshift for customer service and to host our FAQs. In the event we are contacted through our helpdesk by a child, we will reply once before immediately deleting the child’s email address and any associated Personal Data. 
• Our apps link out to this privacy policy hosted on our website. We use Google Analytics on the website to track page views. Google Analytics is restricted from sharing your user data. 

The following apps also use additional service providers as outlined below: 

Frozen Adventures

Frozen Adventures uses PlayFab for backend services and analytics. PlayFab collects geolocation at a country level. 

In our Frozen Adventures app, if a user indicates that they are under 16, no ads are served. 

Frozen Free Fall

We use the following service providers to serve contextual ads to users who indicate that they are under 18 in our Frozen Free Fall app. Users who indicate that they are under 18 in our Frozen Free Fall app are not tracked or served behavioral ads. 

• Google AdMob 
• IronSource
• Liftoff
• Unity 

Emoji Blitz

Emoji Blitz uses PlayFab for backend services. PlayFab uses legacy data for AB tests, customer support service, and other operational tasks. PlayFab does not use or disclose any personal data for any other purpose. 

We use the following service providers to serve contextual ads to users who indicate they are under 18 in our Emoji Blitz app. Users who indicate that they are under 18 in our Emoji Blitz app are not tracked or served behavioral ads. 

• Applovin
• Google AdMob
• IronSource
• Unity

Book of Life: Sugar Smash

In our Book of Life: Sugar Smash app, if a user indicates that they are under 16, no ads are served.

Cookie Jam

Cookie Jam uses Kibana for backend services and analytics. 

In our Cookie Jam app, if a user indicates that they are under 18, no ads are served. 

Kids Privacy Assured by PRIVO: COPPA Safe Harbor Certification – Frozen Adventures, Frozen Free Fall, Emoji Blitz, and Magic Match 3D

Jam City is a member of the PRIVO Kids Privacy Assured COPPA Safe Harbor Certification Program (“the Program”). The Program certification applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO Seal. PRIVO is an independent, third-party organization committed to safeguarding children’s personal information collected online. The PRIVO COPPA certification Seal posted on this page indicates Jam City has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 1-800-819-0199 or privacy@jamcity.com. If you have further concerns after you have contacted us, you can contact PRIVO directly at privacy@privo.com.

If you have any questions about this Privacy Policy, or trouble accessing this Privacy Policy, please contact us as set out below. To exercise rights available to you, or if you’re a parent and would like to request to review or delete your child’s information, please use the designated methods listed in this Privacy Policy.  

Global (Excluding EU):
Jam City, Inc.
3562 Eastham Drive
Culver City, CA 90232
privacy@jamcity.com
Data Protection Officer: dpo@jamcity.com
1-800-819-0199

EU Representative:
RIVACY GmbH
Mexikoring 33
22297,Hamburg
info@rivacy.eu

UK Representative: 
Rivacy Ltd.
87, Warriner Gardens
Unit G1/G2,
London, SW11 4DX
info@rivacy.co.uk

When accessing or using the Software, including browsing any Jam City, Inc. website or accessing a Jam City game, you agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Software (an ‘Account’). Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company’s website (currently located at https://www.jamcity.com), or by sending you a notice via email or via the Software. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to create an Account to use the Software. If you are younger than 18 years old, you may only use the Software if your parent or legal guardian has read and agreed to this Agreement. By using the Software, you represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Software.

You further represent and warrant to Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.

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

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

All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 1), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.

In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, ‘User Submissions’), Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personal data identified in the Company’s current Privacy Policy JAMCITY.com/privacy in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.

You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

‘JAM CITY,’ ‘Cookie Jam,’ ‘Cookie Jam Blast,’ ‘Genies & Gems,’ ‘Panda Pop,’ ‘Panda Jam,’ ‘Mind Jolt,’ ‘Juice Jam,’ ‘Wild Things, Animal Adventure,’ ‘Kitty City,’ and ‘World War Doh’ and its associated logos are trademarks of Company. All rights reserved. All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.

You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. 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 Company user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or ‘spam’ on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software’ infrastructure. Further, the use of manual or automated software, devices, or other processes to ‘crawl,’ ‘scrape,’ or ‘spider’ any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO 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, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

For information regarding Company’s treatment of personal data, please review Company’s current Privacy Policy at www.JAMCITY.com/privacy/, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.

As a condition to using some aspects of the Software, you may be required to register with Company and select a password and user name (‘Company User ID’). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access and use of the Software, (ii) your violation of this Agreement, and/or (iii) the infringement by you or any third party using your Account of any intellectual property or other right of any person or entity.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFORE OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SOFTWARE WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THIS AGREEMENT).

Some Company games may offer a monthly subscription plan and a free trial subscription. If you purchase a subscription plan, the subscription fee will be charged to your iTunes Account if you use an Apple device, and through your Google Play account if you are an Android user. Subscription plan prices may vary depending on your country. Monthly subscriptions will be charged to you at the beginning of your subscription period and will be charged each month thereafter at the then-current rate unless you cancel.

Automatically Recurring Payment

When you purchase a Subscription Plan, you acknowledge that your subscription will automatically renew each month unless you cancel it or disable automatic renewal at least 24 hours before the end of the current monthly subscription period. Unless you cancel your subscription, the payment method you provided will be automatically charged each month the then-applicable monthly subscription fee, within 24 hours of the calendar day corresponding to the date of commencement of your subscription. If your monthly subscription began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Your Subscription Plan will continue until cancelled by you or we terminate access to or use of the Software in accordance with this Agreement.

Free Trials

We offer free trial subscriptions during which you may use the Services for a limited trial period without payment. Free trial subscriptions are only available to new subscribers. Unless you cancel your free subscription prior to the end of your trial, we (or our third-party payment processor) will begin charging you the applicable subscription fee, whether on a recurring basis for a monthly or annual subscription or a one-time basis for a lifetime subscription, until you cancel your subscription. Instructions for cancellation are stated below in the section titled ‘Cancellation of Subscription’ below. If you purchase a subscription plan before your free trial period expires, any unused portion of the free trial period will be forfeited.

Cancellation of Subscription

You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. To cancel, you can turn off automatic renewals in the Account Settings of the Software. If you use the Software on an Apple device, you can also cancel through the Settings on your device.  Go to Settings, tap iTunes & App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap Menu and then Subscriptions. Tap the subscription to cancel, and then tap Cancel.

We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. All fees are non-refundable, except as required by applicable law in your jurisdiction.

Subscription Price Changes

The price of subscriptions is subject to change at any time without notice. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied.

In the Software users may purchase, with ‘real world’ money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) ‘virtual currency’, including but not limited to virtual cash or diamonds, all for use in Company games; (b) ‘virtual in-game items’ (together with ‘virtual currency’, ‘Virtual Items’); and (c) other goods or services (‘Merchandise’). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software.

Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software. Other than as expressly authorized in the Software, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.

The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Company may revise the pricing for the goods and services offered through the Software at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

The Software may contain links to third party websites or services that are not owned or controlled by Company. When you access third party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Software and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Software, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website or service.

This Agreement shall remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device. If you have an automatically renewing subscription, please follow the instructions in the ‘Cancellation of Subscription’ section above to cancel your subscription.  Company may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. Any fees paid hereunder are non-refundable, unless provided by applicable law in your jurisdiction. Refund requests should be directed to the App Provider. Apple’s terms can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html; Google’s terms can be found at https://play.google.com/intl/en-us_us/about/play-terms/index.html.

Upon termination of your Account, your right to use the Software, access will immediately cease. Sections 4, 7, 10 and 11 shall survive termination.

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jam City. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications provided by Jam City under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Both parties agree that this Agreement, including the incorporated Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Please read this section following section carefully as it limits the manner in which we can seek relief from each other.  This Section 17 only applies to you if you are a resident of the United States or if you commence any action against Company in the United States.

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Software or User Submissions (collectively, ‘Disputes’) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

2. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@jamcity.com within thirty (30) days following the date you first agree to this Agreement.

3. Conducting Arbitration and Arbitration Rules. The arbitration will be administered by the American Arbitration Association (‘AAA’) in accordance with the Consumer Arbitration Rules  (the ‘AAA Rules’) then in effect, except as modified by this Dispute Resolution section.  The AAA Rules are available on the AAA website and are hereby incorporated by reference. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration hearing is to be conducted, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.  A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you initiate the arbitration, the only fee you will be required to pay is a non-refundable $200 filing fee.  If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Class Action Waiver.  YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
6. Effect of Changes on Arbitration. If Company changes any of the terms of this Section 17 ‘Dispute Resolution’ after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to legal@jamcity.com) within 30 days of the date such change became effective, as indicated in the ‘Last Updated’ date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the terms of this Section 17 ‘Dispute Resolution’ as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
7. Severability. With the exception of any of the provisions in Section 17(e) of this Agreement (‘Class Action Waiver’), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

Disputes will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions.  Except as otherwise expressly set forth in Section 17 ‘Dispute Resolution,’ you agree that the California state and U.S.  federal courts located in the County of Los Angeles shall have exclusive jurisdiction over all Disputes that you and Company are not required to arbitrate and you agree to the venue of such courts.

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

 Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:

1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Software.

C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

JAM CITY, Inc.
Legal Dept.
3562 Eastham Drive
Culver City, CA 90232
legal@jamcity.com

A. Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an ‘App Provider’). You acknowledge and agree that:

1. This Agreement is concluded between you and Jam City, and not with the App Provider, and Jam City (not the App Provider), is solely responsible for the App.

2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jam City.

4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Jam City will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.

7. 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.

8. You must also comply with all applicable third party terms of service when using the App.

If you have any questions, complaints, or claims with respect to the Software, you may contact us at Jam City, Inc., 3562 Eastham Drive, Culver City, CA 90232 or support@jamcity.com.