End User License Agreement
Last Updated: NOV,09,2021
SOLOMON DIGITAL, LLC is pleased to provide you with its mobile applications and any and all related documentation (each, an " App," and collectively, the " Apps"). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY APPS, for this End-User License Agreement governs your use of the Apps and how we provide the Apps.
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") which governs your use of the Apps is a legal agreement between you and SOLOMON DIGITAL, LLC., a Florida limited liability company with offices at 175 E. Altamonte Dr, Suite 1040, Altamonte Springs, FL 32701. The terms "SOLOMON DIGITAL", "we", "us" or "our" used in this EULA refer to SOLOMON DIGITAL, LLC. By installing or otherwise using the Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the App shall constitute reasonable means. Your continued use of the Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected]. Do not use the Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
B. AGE REQUIREMENT
You must be 13 years of age (or 16 in the EEA) or older to install or to use the Apps. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Apps or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Apps, please contact us at [email protected].
C. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, SOLOMON DIGITAL grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1. Restricted Use You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Apps or use the Apps for the benefit of any third party. Unless expressly authorized by SOLOMON DIGITAL or permitted under the applicable mobile platform terms, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Apps, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Apps in any way. You do not have the right to and may not create derivative works of any Apps or any portions thereof. All modifications or enhancements to the Apps remain the sole property of SOLOMON DIGITAL.
2. Apps Updates We reserve the right to add or remove features or functions to existing Apps. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Apps may be ended upon the availability of updates, supplements or subsequent versions of the Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Apps.
3. Access You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. SOLOMON DIGITAL makes no representation that the Apps can be accessed on all devices or wireless service plans. SOLOMON DIGITAL makes no representation that the Apps are available in all languages or that the Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights
You may purchase certain Apps on a subscription basis. Some Apps may offer different subscription levels (usually free or premium). Payment for a subscription (which may be for example monthly, tri-monthly or yearly) may be processed in-App, through a third party mobile platform owner (e.g. Apple or Google) or directly through SOLOMON DIGITAL and its third party payment processor through an App website.
You may be offered a free trial of a subscription to an App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account, or if you went through an App website, by logging in on the applicable website to manage your subscriptions. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.
If you subscribed for an App through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.
If you subscribed for an App directly through an App website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.
All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. Sorry-- there are no refunds on paid subscriptions once the charge has gone through for the billing period.
(B) Paid Applications
Certain Apps are available for one-time purchase (no recurring subscription). Payment for such purchases may be through a third party mobile platform provider (e.g., Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase an App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase.
You may uninstall Apps paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
5. Automatic Renewal Paid subscriptions to the Apps are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.
E. APP FUNCTIONALITY
Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "App Functions"). The App Functions are provided by SOLOMON DIGITAL and third party suppliers who offer content and/or services in conjunction with or through the Apps (the "Third Party Partners"). App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SOLOMON DIGITAL, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any App.
F. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. The Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Apps may provide access or links to Third Party Partner websites or resources. SOLOMON DIGITAL has no control over such websites and resources, and you acknowledge and agree that SOLOMON DIGITAL is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that SOLOMON DIGITAL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. SOLOMON DIGITAL will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Apps All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will SOLOMON DIGITAL be liable in any way for any Content created by or originating with entities other than SOLOMON DIGITAL, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an App.
Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Apps and any information you download or offer to share by means of an App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that SOLOMON DIGITAL shall not be liable for any unauthorized access to your mobile device or the app data thereon.
1. Registration. Most Apps will not require a registration: however, some Apps may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
I. UNINSTALL/REMOVAL OF AN APP
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Apps, please use the application manager provided with your device or consult your device manual for reference. Please remember if you have a paid subscription to an App, uninstalling will not cancel your recurring payments. See our cancellation instructions above for more information.
J. CONSENT TO USE OF DATA AND USER REVIEWS
Additionally, if you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request [email protected] (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
K. INTELLECTUAL PROPERTY
The Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by SOLOMON DIGITAL are SOLOMON DIGITAL's property or the property of SOLOMON DIGITAL's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Apps. All rights not expressly granted hereunder are expressly reserved to SOLOMON DIGITAL and its licensors. The SOLOMON DIGITAL and SOLOMON DIGITAL names, logos and affiliated properties, are the exclusive property of SOLOMON DIGITAL or its affiliates. All other trademarks appearing on any App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
L. COPYRIGHT AND CONTENT
1. Copyright/Submissions. You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
SOLOMON DIGITAL respects and expects its users to respect the rights of copyright holders. On notice, SOLOMON DIGITAL will act appropriately to remove content that infringes the copyright rights of others. SOLOMON DIGITAL reserves the right to disable the access to Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an App, or elements, infringe your copyright rights, Please contact SOLOMON DIGITAL's Copyright Agent at:
SOLOMON DIGITAL, LLC
175 E. Altamonte Dr, Suite 1040,
Altamonte Springs, FL 32701
Attn: Copyright Agent/ Legal Dept.
Email: [email protected]
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. Objectionable Content. SOLOMON DIGITAL may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at SOLOMON DIGITAL's sole discretion. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of SOLOMON DIGITAL, its users, or members of the public or (v) to report a crime or other offensive behavior.
4. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of SOLOMON DIGITAL. None of the Submissions shall be subject to any obligation of confidence on the part of SOLOMON DIGITAL, and SOLOMON DIGITAL shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SOLOMON DIGITAL shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to SOLOMON DIGITAL all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favor of SOLOMON DIGITAL and its assignees, licensees and designees.
5. Repeat Infringer Policy. SOLOMON DIGITAL may terminate a user's access to the App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
6. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from SOLOMON DIGITAL if you fail to comply with any of the terms and conditions of this EULA. You understand that SOLOMON DIGITAL, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Apps at any time. Further, SOLOMON DIGITAL, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that SOLOMON DIGITAL shall not be liable to you or any third-party for any termination or disabling of the Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Apps and destroy all copies of Apps in your possession or control. Termination will not limit any of SOLOMON DIGITAL's other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
N. DISCLAIMER OF WARRANTY
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, SOLOMON DIGITAL, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, SOLOMON DIGITAL MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SOLOMON DIGITAL PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPS WILL MEET YOUR EXPECTATIONS. SOLOMON DIGITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPS REMAINS SOLELY WITH YOU.SOLOMON DIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
O. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLOMON DIGITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOLOMON DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APPS. IN NO EVENT SHALL SOLOMON DIGITAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOLOMON DIGITAL, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SOLOMON DIGITAL OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Q. EXPORT CONTROLS
The Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
R. NOTICE TO US GOVERNMENT END USERS
Any Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
S. JURISDICTIONAL AVAILABILITY
SOLOMON DIGITAL does not represent or warrant that the Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
T. DISPUTE RESOLUTION AND OTHER MISCELLANEOUS TERMS
Except for members residing within the European Economic Area and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this EULA (including any alleged breach thereof) or the Apps shall be BINDING ARBITRATION administered by the American Arbitration Association. The number of arbitrators shall be one. The seat, or legal place, of arbitration and the governing law shall be Seminole County in the State of Florida. The language to be used in the arbitral proceedings shall be English.
The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent Jurisdiction or, if filed in arbitration, the responding party may request that the dispute proceed in a small claims court of competent jurisdiction if the party’s claim is eligible for a small claims proceeding. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided through a small claims court proceeding. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Apps in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be undertaken through small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court proceedings) may be commenced only in the courts of Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law. The laws of Florida, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Apps.
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. SOLOMON DIGITAL does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
No failure or delay by SOLOMON DIGITAL in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
U. HOW TO CONTACT US.
If you have any questions about this EULA, please contact us by email or postal mail as follows:
SOLOMON DIGITAL, LLC
175 E. Altamonte Dr, Suite 1040,
Altamonte Springs, FL 32701
ATTN: Legal Dept.
V. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of Apps, as applicable:
1. Third Party Content or Images.
Certain Apps may include images, footage and content licensed to SOLOMON DIGITAL ("Images") by third party stock photo, footage and content providers, including without limitation, Getty Images (US), Inc., Unsplash, Pexel, Deposit Photos, Adobe Systems Inc. and Giphy ("Image Providers"). These Image Providers do not endorse, sponsor or provide support for the Apps. By utilizing these Apps, you specifically acknowledge and agree that:
You may only use the Images as enabled by Apps, for display in digital form or as otherwise directed by Apps. You shall not use or distribute any portion of an image for any purpose whatsoever in a way that violates any third party right, or any applicable law, rule or regulation.
You may not sell or re-sell the Images, and may not modify or re-use the Images, except as enabled by the Apps.
Images may not be used:
for pornographic, defamatory or other unlawful purposes;
for the purpose of enabling file-sharing of the image file; or
n logos, trademarks, services marks or any other branding or identifiers.
If you use Images featuring an individual(s) in connection with a sensitive, unflattering or controversial subject, you must include a statement that the Image is used for illustrative purposes only and the individual is a model.
You may not remove any metadata in the Images, or reverse engineer, decompile, or disassemble the Apps to enable the download or use of the Images on a stand-alone basis.
No ownership or copyrights to the Images are granted to you.
If an App gives you the opportunity to use Images through Unsplash, when you use an Unsplash Image, you agree to their terms and you're responsible for verifying that your use of the image complies with their terms.
Images are provided to you on a non-exclusive basis and you understand that other users may create and use similar or identical images.
Youtube. Certain Apps may incorporate or provide you with access to Youtube content. By using such Apps, you agree that you will comply with Youtube’s Terms of Service available here.
Apple App Store. By accessing the App through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
This EULA is between SOLOMON DIGITAL and you; Apple is not a party to this EULA.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
Apple is not responsible for App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
SOLOMON DIGITAL expressly authorizes use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store: By downloading the App from the Windows Phone Store, you specifically acknowledge and agree that:
1. You may install and use one copy of the App on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
2. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
END OF DOCUMENT.
© 2020 SOLOMON DIGITAL, LLC. All rights reserved.
Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. All other trademarks are the property of their respective owners.
We may provide additional privacy notices to you at the time we collect your data. This type of an "in-time" notice will govern how we may process the information you provide at that time.
California residents may contact [email protected] for Your California Privacy Rights
1. INFORMATION WE COLLECT
We may obtain information about you in a variety of ways, including through your use of our Services, when you call, email or otherwise communicate with us (including through social media), or when you participate in events or other promotions.
Categories of personal information we collect, which may vary based on the Service being used:
A real name, alias, unique personal identifier, online identifier, IP address, email address, account or other similar identifiers.
B. Personal Records.
Name, Email address and username. Some personal information included in this category may overlap with other categories.
C. Internet or other similar network activity.
Information on a consumer's interaction with a website, application, or advertisement. See Information collected by Automated Means below for further details.
D. Geolocation data.
Physical location or movements.
E. Sensory data.
Audio, electronic, visual, or similar information.
F. Commercial information.
Records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.
G. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, and behavior.
Please note that when using certain Services, you may choose to input or provide access to certain physical or health-related information about yourself. Such information will be stored locally on your device and accessed only as described in the "Information collected from you" subsection below.
2. SOURCES OF INFORMATION AND PURPOSES OF USE
Some of this information you provide to us and some we collect when you use our Services. We also may obtain information about you (including personal information) from our business partners, such as vendors, and others.
You may choose not to provide some or all of your personal information to us but doing so may prevent us from providing our Services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.
Information collected from you
The following are examples of the types of information we may collect directly from you:
Feedback: From time to time, we may request your opinions, suggestions, or modification and improvement ideas ("Feedback") through surveys, or other similar requests. Any responses you provide are voluntary, however you agree that any Feedback you provide shall be owned by Solomon Digital and may be used by Solomon Digital in our sole discretion.
Name: We require your name to personalize your user experience.
Telephone number: We may require your phone number for the technical provision of our Services to you.
Email address: We use your email address to communicate with you about the products and Services we offer, responding to requests, inquiries, comments, and suggestions and updating you with information about your account.
Username and/or PIN: Certain of our Services use this information to facilitate your access to our website or mobile application and validate your login for your security.
Other User Information: When using certain Services, you may choose to input or provide access to certain information about yourself, such as photographs, physical and health related information, or other information to enhance your experience of the Services we provide. This information will be stored on your device and will not be transmitted to Solomon Digital unless we notify you otherwise at the time of entering the information or granting access to the information.
Payment Information: In the event you purchase products or Services directly from us, we, or a third party on our behalf, may collect payment card and other payment information, solely as required to process payment for such purchase. If you pay for Services directly through our website, you authorize us to have our payment processor collect this information.
Photograph: Photograph or photographs you may provide to the Services.
Information collected by automated means ("Automated Information")
"Pixel tags" (also known as a "clear GIFs" or "web beacons") which are tiny images (in most cases, typically just one-pixel) that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you've opened one of our emails or seen one of our Web pages.
"HTML5" (the language some websites, such as mobile websites, are coded in) may be used to store information on your computer or device about your website usage activities and to help determine how our Services are being used by our visitors, how the services can be improved and to customize our Services for our users.
Automated Information includes information such as:
Operating system used (for example: iOS)
Internal resolution of the browser window
Identifiers associated with technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address)
Dates and times of access
This Automated Information is generally used for the following purposes:
for the technical provision of our Services in order to be able to provide you with a functioning user-friendly experience
to provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks
to uncover insights about your use of our website and mobile applications in order to improve our Services and features, including developing new products and features
to facilitate your access to our website or mobile application
to customize our Services for you
to help us better understand our current and potential customers so that we may market our Services accordingly
events and usage data are captured for our internal business analytics in order to understand how our users interact with our mobile applications and use our services. For example, we may capture when a user visits a screen, taps a button, permits notifications, upgrades, or otherwise interacts with the app
Monitoring and analyzing the effectiveness of our communications (including by identifying when emails sent to you have been received and read)
Information collected from integrated services.
We may obtain information, including personal information from third parties and sources that we integrate into our Services either for the provision of our services or to facilitate your access to our
Services such as described below.
3. HOW WE MAY USE YOUR PERSONAL INFORMATION
In addition to the purposes described above, we may use the information we collect for a variety of purposes, such as the following:
Performing Our Services
• maintaining or servicing accounts, providing customer service, operation our website and mobile applications; processing or fulfilling orders and transactions, verifying user information, processing payments
• communicating about the products and Services we offer, and responding to requests, inquiries, comments, and suggestions
• understanding and evaluating how our Services and features perform with our users
• uncovering insights about usage in order to improve the Services and provide customers with enhanced features as well as inform our development of new features and products.
• development of customized or personalized experiences of our Services, such as remembering your information, so you do not have to re-enter it each time you use one of our Services
Auditing Interactions with Consumers
• measuring usage of our websites and mobile applications
• measuring our advertising and marketing activity (e.g., measuring how a user was acquired)
• to provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks
• protecting against, identifying, investigating, preventing, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the Services we provide
• identification and repair of impairments to intended, existing functionality of our Services
• understanding our customer in order to more effectively market our Services
Quality and Safety Maintenance and Verification
• activities related to improving the quality of the Services we provide, including upgrade or enhancement of the Services
• verification or maintenance of the quality or safety of Services
• tracking and responding to quality and safety matters
• protecting our rights and property
Complying with legal or regulatory requirements, judicial process, industry standards and our company policies
Other purposes that may be described at the time you choose to provide personal information to us
To perform the above functions, we may match information collected from you through different means or at different times, including both personal information and Automated Information, and use such information along with information obtained from other sources. We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes - including historical and statistical analysis and business planning - without restriction.
4. HOW WE MAY SHARE INFORMATION ABOUT YOU WITH OTHERS
Solomon Digital is part of the Solomon Retail Group family of businesses. We share your information with other parts of IAC for legitimate business purposes, including:
to assist us in technical processing operations, such as data hosting and maintenance, finance, legal, HR and accounting assistance, securing our data and systems and fighting against spam, abuse, fraud, infringement and other wrongdoings; and
for corporate audit, analysis and consolidated reporting as well as compliance with applicable laws.
Third Party Service Providers
We may share information about you with the following categories of third-party providers for a variety of business purposes:
Customer Communications and Insights Platforms. We may share phone number, email, app usage and interactions with our third-party customer communications platform provider for the following business purposes: performing services that allow us to communicate with you and administer your account as well as track your usage for our internal analytics.
Internal Business Insights Platforms. Our third-party internal business analytics platform provides us with the tools to help us understand app usage and interactions and uncover insights that allow us to improve our product and features. We may share or make available unique user identifiers, IDFA, device ID, IP address and app usage and events (such as when you subscribed to our services) with these providers for the following business purposes: performing services that allow us to (i) monitor and understand usage in order to enhance existing Services or develop new products and features and (ii) better understand our customers in order to market our products more effectively.
Measurement and Attribution. These service providers offer tools that allow us to measure and attribute the source of new subscription sign ups and that allow us to uncover insights about usage and app events. We may use unique user identifiers made available to us from these third-party providers to help us measure the effectiveness of our ads (e.g., where and how a user is acquired) and to uncover information about how our customers are using our apps in order to improve their quality and safety. We may also share and/or store unique user identifiers, device IDs, IDFA or IP addresses with these providers for the same purpose.
Other technology providers necessary to provide our services (including cloud storage and web hosting providers). We may make certain Automated Information and/or aggregate or non-personally identifiable information available for various purposes including monitoring network traffic to detect malicious actors and to protect against malware, fraud or other unlawful uses or activity.
Payment Processors. If you purchase our services outside of the Apple, Google or Huawei stores, we will process your payment through our third-party provider. When you pay in this manner, you authorize and direct us to process your payment through our payment processor. An example of this is our payment partner, Braintree (https://www.braintreepayments.com/). Please note we will share certain information such as your email address with our payment processor to facilitate the provision of receipts to you from the payment processor and to address any issues that may arise with your payment.
Legal, Regulatory, Compliance and Similar reasons.
In addition, we may disclose and/or share your information to comply with legal or regulatory requirements (including to comply with a court order, judicial subpoena or other subpoena or warrant), industry standards, judicial process, and our company policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), adverse event reporting, and claims and other liabilities.
We also reserve the right to disclose your information (i) when we believe in good faith that disclosure is appropriate or necessary to take precautions against liability, (ii) to protect our rights or property or the legal and property rights of others and (iii) investigate and defend third party claims or allegations against us.
5. DO NOT TRACK DISCLOSURES
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, our sites do not currently process or respond to "do-not-track" (DNT) settings in your web browser. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Certain third parties, such as ad networks, web analytics companies and social media and networking platforms, collect information about your online activities over time and across websites. These third parties may not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings. Information about how to opt out from your data being used by third parties can be found above under "Information collected by automated means."
6. SOCIAL MEDIA AND OTHER COMMUNICATIONS
If you choose to communicate with us or another user through social features available on our websites or mobile applications or through our social media pages, or other similar communication or messaging features or services, such information may be made publicly available. For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
7. INFORMATION FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (EEA)
Your Choices and Rights.
As a resident of the EEA, you may have some or all of the following rights in relation to how we use your personal information:
Access: you may request access to your personal information and receive copies of it;
Correction: you may have inaccurate/incomplete personal information corrected and updated;
Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or some of your personal information or to limit our use of it;
Deletion: in certain circumstances, you can request a right "to be forgotten" (this is a right to have your information deleted or our use of your data restricted). We will honor such requests unless we have to retain this information to comply with a legal obligation or unless we have an overriding interest to retain it;
Portability: in certain circumstances, exercise the right to data portability (this is a right to obtain a transferable version of your personal information to transfer to another provider); and
Consent Management: where we rely on consent to process your personal data, you may withdraw consent at any time. You do not have to provide a reason for your withdrawal where processing is based on consent.
If you are a resident of the EEA and you wish to access, change or delete personal information we hold about you, you may contact us [email protected]. If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our Services or some of the features and functionality of our Services. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person. For example, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
For your protection, we may require proof of identity and verification before we can answer the above requests.
Legal basis for processing data
In this section, we identify the legal grounds on which we rely to process personal information.
In some cases, we have a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to facilitate and manage engagement programs; to promote research; to support our recruitment activities; or to facilitate a Corporate Transaction (including a sale of assets or merger or acquisition).
In other cases, we process personal information to fulfill our contracts with business partners, such as third parties that distribute our products.
It may also be necessary for us to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.
Our processing of certain information may be necessary to comply with our legal obligations, and for reasons of public interest, such as with respect to adverse event and product safety reporting.
We may also process personal information as specifically permitted by applicable legal requirements.
If we rely on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information.
International data transfers
We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we may transfer your personal information to the United States. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. When we transfer personal information across borders, we consider a variety of requirements that may apply to such transfers.
Specifically, we may transfer personal information from the European Economic Area to:
Countries that the European Commissions has deemed to adequately safeguard personal information,
Pursuant to the recipient's compliance with standard contractual clauses (also known as Model Clauses), or Binding Corporate Rules,
Pursuant to the consent of the individual to whom the personal information pertains, or
As otherwise permitted by applicable EEA requirements.
8. INFORMATION FOR RESIDENTS OF CALIFORNIA: YOUR CALIFORNIA PRIVACY RIGHTS
Access to Information and Data Portability Rights
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
The categories of personal information we have collected about you.
The categories of sources from which we collected your personal information.
The business or commercial purposes for our collecting or selling your personal information.
The categories of third parties to whom we have shared your personal information.
The specific pieces of personal information we have collected about you.
A list of the categories of personal information disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
A list of the categories of personal information sold about you in the prior 12 months, or that no sale occurred. If we sold your personal information, we will explain:
• the categories of your personal information we have sold.
• the categories of third parties to which we sold personal information, by categories of personal information sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and are maintaining.
Data Deletion Rights
Except to the extent we have a basis for retention under CCPA, you may request that we delete your personal information that we have collected directly from you and are maintaining. Note also that we are not required to delete your personal information that we did not collect directly from you.
Exercising Your Rights
To make a request for access, portability or deletion according to your rights under CCPA, click here or mail your request for the attention of the Privacy / Legal Department to Solomon Digital , LLC., 175 E Altamonte Dr. Suite 1040, Altamonte Springs, FL 32701. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Any request you submit to us is subject to an identification and residency verification process ("Verifiable Consumer Request").
The Verifiable Consumer Request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer's personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if we share Personal Information with third parties for their marketing purposes you will be able to elect for us not to do so by submitting your request XXXXXX (please include your name, mailing address, and email address).
9. ONLINE PRIVACY CHOICES AND RIGHTS
Access, Edit and Delete Your Information.
Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
You can stop all information collection by the app by disabling call forwarding and deactivating your account by following the instructions on the Service's Settings screen and then uninstalling the app using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
If you choose to opt-in, some of our apps may collect your device's precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device.
Notice to Nevada users
Under Nevada law, Nevada residents may opt out of the "sale" of certain "covered information" (as defined under Nevada law) collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by Nevada law, and we do not have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please contact us [email protected]. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our practices change.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA's opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
For more information on our inbound advertising partners, contact us at [email protected]
10. DATA RETENTION
11. HOW WE PROTECT PERSONAL INFORMATION
We use various efforts intended to safeguard the security and integrity of personal information collected through our Services. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise, and you provide information to us at your own risk.
If you correspond with us by email, text message or using Web forms like a "contact us" feature available through our Services, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account as part of using our Services, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.
If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you. If we have your email address, we may notify you by email to the most recent email address you have provided us in your account profile. Please keep your email address in your account up to date. You can change that email address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your email account using your computer or mobile device and email application software. We may also post a conspicuous notice on our site or notify you through the mobile application. You consent to our use of email, text message and/or notification through the app as a means of such notification. If you prefer for us to use the postal service to notify you in this situation, please let us know by submitting your request to [email protected]. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this email address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.
12. LINKS TO WEBSITES AND THIRD-PARTY CONTENT
For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies of such third parties before providing them with any personal information.
13. INFORMATION RELATING TO CHILDREN
We do not knowingly collect information from children under the age of 16 years old (or older if required in an applicable jurisdiction to comply with applicable laws). If you are not over 16 years old (or older if required in an applicable jurisdiction to comply with applicable laws) then DO NOT DOWNLOAD OR USE THE SERVICES. If you believe that we may have personal information from or about a child under the age of 16 years old, please contact us [email protected]. Note that we'll attempt to delete the account of any child under the age of 16 that's reported to us as soon as possible. You are responsible for any and all account activity conducted by a minor on your account.
15. HOW TO CONTACT US
• European users, please contact us [email protected].
• California Residents, please contact us [email protected].
For users worldwide, our support team can be contacted [email protected].
Solomon Digital, LLC.
175 E Altamonte Dr. Suite 1040
Altamonte Springs, FL 32701
Attention: Privacy Officer/Legal Dept.
European users, please note that our representative is IAC Search and Media Europe Limited, 10 Earlsfort Terrace, Dublin 2, Ireland.
If you live in the EEA, you may file a complaint with the competent data protection regulator.
WHAT ARE COOKIES
Cookies and other online tracking technologies are small bits of data or code that are used to identify your devices when you use and interact with our websites and other services. They are often used for remembering your preferences. A cookie also may contain information about your device, such as user settings, browsing history and activities conducted while using our website.
Other technologies such as web beacons (also called pixel tags or clear gifs) or tracking URLs are used for similar purposes. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our service or opened an e-mail that we have sent them. Tracking URLs are custom generated links that help us understand where the traffic to our webpages comes from.
OUR LEGAL BASIS FOR COOKIES AND SIMILAR TECHNOLOGIES
Placing cookies: We want to ensure that you are aware of the cookies, tags and other technologies placed on your browser or device. We do this by providing a clear notice in the form of this Policy that we only deploy strictly necessary cookies on our website.
Using information collected from cookies: Where we want to use the information that cookies and similar technologies collect, we either obtain your consent or we maintain a legitimate interest in doing so.
WHAT COOKIES DO WE USE AND WHY?
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Protect our networks: cookies and similar technologies help us identify and prevent threats to our sites. They are necessary to protect your information and our business from outside threats.
Allow you to access our services: cookies and similar technologies permit your connection to our websites: our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, other software or hardware information, and your geographic location.
Most modern browsers are set to accept cookies by default, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser to learn more about this.
RETENTION OF PERSONAL INFORMATION
CHANGES TO POLICY
From time to time we make changes to this Policy. This may be in relation to changes in the law, best practice, changes in our services or treatment of your personal information. Where necessary, we will notify you of these changes through a conspicuous notice on our website.
• European users, please contact us [email protected]
• California Residents, please contact us [email protected]
Our support team can be contacted [email protected].
Solomon Digital, LLC.
175 E. Altamonte Dr, Suite 1040
Altamonte Springs, FL 32701
Attention: Privacy Officer/Legal Dept.
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