Last updated: December 5, 2015 20:09 GMT
If you wish to use the Party Mixer application (Party Mixer), you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Party Mixer. By downloading the application, you certify your understanding and indicate agreement to and acceptance of these Terms of Use and Privacy Policy.
Party Mixer is concerned about privacy issues and wants you to be familiar with how we collect, use, and disclose Personally Identifiable Information when you use our products or applications.
These Terms of Use and Privacy Policy (the “Terms of Use and Privacy Policy”) describe our practices in connection with information that we collect through our application and any terms applying to its use. To the extent that we process information for which opt-in consent is required under applicable laws, we will ask you for such opt-in consent. You may withdraw this opt-in consent at any time.
1. WHAT TYPES OF INFORMATION DOES PARTY MIXER COLLECT
We gather two basic types of information: “Personally Identifiable Information” (“PII”) and “Non-Personally Identifiable Information” (“Non-PII”).
A. Personally Identifiable Information: The only PII we will obtain from you is if you decide acting on your own volition, to send us a “user-generated problem report” and in it, acting on your own volition, decide to fill in your email address.
B. Non-Personally Identifiable Information: Party Mixer also collects Non-PII via its application. For instance, Party Mixer may collect information relating to events such as button clicks, screen displays, timing data such as how many times the “Auto DJ” button was pressed, as well as other usage data. Also, if the application crashes, or you explicitly decide to send us your “user-generated problem report,” it will send a report which contains the full application log, including data about track filenames and playlist filenames, event data, user interface actions and other debug data. This report does not contain any personally-identifiable information unless you explicitly decide to provide your email address as discussed above in A.
When you use the Party Mixer application, we automatically record information, which we described above in B in a way that cannot be linked to you personally. This information is transmitted to servers where the information as well as the timing thereof may be stored in log files and databases. Under certain laws, this log information may be considered PII.
2. PARTY MIXER’S USE OF INFORMATION
A. Personally Identifiable Information: We may use PII about you for the purposes listed below. If we intend to use PII about you for a purpose that is incompatible with these purposes or if we intend to disclose PII about you to a type of third party not previously identified in these Terms of Use and Privacy Policy, we will notify you and offer you the opportunity to opt out of such use and/or disclosure.
(i) General. We may also use PII about you for internal business purposes, such as to gauge customer satisfaction and to improve our application.
(ii) Communication. If you choose to provide your email within the user-generated problem report, we might use your email to ask you for more details in connection with a problem reported voluntarily by you via the user-generated problem report or ask you to test an updated version of Party Mixer that aims to fix the reported problem.
(iii) Website. When you access these Terms of Use and Privacy Policy on www.partymixer.com, we automatically record log information. These server logs may include information such as your Internet Protocol (IP) address, browser type, browser language, the date and time of your request, the time(s) of your visit(s) and the web page(s) that you visited. Under certain laws, this log information may be considered PII. However, we do not link this information from your visit of our webpage to you or your use of Party Mixer, and in case you have provided it, to your email. We do not link it to any other databases containing logs or problem reports.
(iv) Compliance with Applicable Law. We may need to collect and retain PII about you in order to comply with applicable laws and to respond to requests from public authorities, including public authorities outside your country of residence.
B. Non-Personally Identifiable Information: Because Non-PII does not personally identify you, we may use such information for any purpose. We may use this information to detect broad demographic trends and to otherwise enhance our application. We reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose.
C. Law Enforcement; Assignment: We reserve the right to disclose PII about you to others as we believe to be appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including public authorities and law enforcement officials outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates and subsidiaries; (f) to protect the rights, privacy, safety or property of Party Mixer, its affiliates and subsidiaries, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
3. SECURITY
Party Mixer takes reasonable security measures to help protect against loss, misuse, unauthorized access, and unauthorized disclosure or alteration of the PII under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure the security of any information that you transmit to us through or in connection with Party Mixer application, or that is stored by us. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem at this email: pun.software@gmail.com.
4. JURISDICTIONAL ISSUES
Party Mixer application is controlled and operated by Pun Software, LLC, registered the State of Delaware, in the United States of America; and it is not intended to subject Party Mixer to the laws or jurisdiction of any state, country, or territory other than that of the State of Delaware. Those who choose to access Party Mixer do so of their own initiative and are responsible for complying with all local laws, rules and regulations. We may limit the availability of Party Mixer, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
5. USE OF OUR PRODUCTS AND APPLICATIONS BY CHILDREN
Our products and applications are not directed to individuals under the age of eighteen (18), and we request that such individuals not provide information through the voluntary user-generated problem report of the Party Mixer application.
6. USE OF PARTY MIXER APPLICATION
The Party Mixer application and any software embodying it, is provided “as is” and without warranty of any kind, including without limitation the warranties of merchantability, faults/bugs, fitness for a particular purpose and non-infringement. Party Mixer as a licensor of the software makes no warranty that the software is free of defects or is suitable for any particular purpose. In no event shall Pun Software as the licensor be responsible for loss or damages arising from the installation or use of the Party Mixer application, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, device failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the application is borne by you. Should the application prove defective, you and not Party Mixer assume the entire cost of any service and repair.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) PARTY MIXER WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF PARTY MIXER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (iv) ANY PORTION OF PARTY MIXER OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM PARTY MIXER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Libraries and graphics used to create the software behind Party Mixer application are copyright their respective authors and/or licensed under http://www.apache.org/licenses/LICENSE-2.0 (for the Android Support Libraries).
7. UPDATES TO THESE TERMS OF USE AND PRIVACY POLICY
We reserve the right to change these Terms of Use and Privacy Policy from time to time as we add new features to this application or launch new applications, as we improve our current offerings, and as technologies change. You can determine when these Terms of Use and Privacy Policy were last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes will become effective upon our posting of the updated version on our website http://www.partymixer.com. If we make any material or substantive changes to our treatment of Personally Identifiable Information or to the Terms of Use, we will notify you of this by posting a clear and conspicuous notice of these changes on our website http://www.partymixer.com. To the extent that the changes affect information for which opt-in consent is required under applicable laws, we will ask you for your consent.
8. REVIEWING/CORRECTING/UPDATING INFORMATION; DATA INTEGRITY
Party Mixer takes reasonable steps to ensure that all PII is relevant to and reliable for its intended use. We will also endeavor to ensure that the information is accurate, complete, and current. You may request access and request that erroneous or inaccurate PII related to you that is held by us be rectified or suppressed. You have this option for reviewing, correcting, updating, or otherwise modifying PII about you, by sending an email to:
pun.software@gmail.com
Please note that, for your protection, we may need to verify your identity before making any changes to PII about you. You must clearly indicate the information that you wish to have changed, or clearly indicate that you wish to have PII about you removed from our active database. Please note that changes may not be effective immediately. Further, please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records.