Subject to these Terms of Service, we grant you a limited, revocable, and non-exclusive license to access and make personal use of our Website and Services. All rights, title and interest in and to our Website and Services will remain with and belong exclusively to White Shoe Media, including all intellectual property rights. Specifically, this limited license grants you: (1) access to the analytics of the data generated by your end users; (2) access to the aggregate statistics generated from all of our Customers' end user data, when available; (3) the ability to remotely change/modify your in-game content; (4) the ability to export data generated by your end users, depending on your purchasing plan; and (5) access to all information collected about you.
You will not, and will not allow any third-party to: (1) directly or indirectly access our Services through or from any software application, website or other means other than through our Website, and then only to the extent expressly permitted in these Terms of Service; (2) make any use of our Website or Services other than personal use, including, but not limited to, the transfer, sale, lease, or lending of our Services or access thereto; (3) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from our Website or Services; (4) access or collect data or information related to or generated by other White Shoe Media Customers and/or their end users; (5) remove, deface, obscure, or alter White Shoe Media's copyright notices, trademarks, or other proprietary notices affixed to or provided as part of our Website or Services; (6) create or attempt to create a substitute or similar service or product through use of or access to our Services; (7) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or circumvent or disable any security or technological features or measures of our Services.
Certain aspects of our Services, including the management of your Customer account, may be password-restricted. You agree that you are responsible for maintaining the confidentiality of your password and limiting the number of people with access to your password. You further agree to notify us if your password is lost, stolen, disclosed to an unauthorized third-party, or otherwise compromised. You further agree that you are responsible for any and all activities that occur under your Customer account, and agree to immediately notify us of any unauthorized use or access to your Customer account.
Unless otherwise indicated in the applicable purchasing plan of our Services, our Customers are not able to download specific end user data through our Services. Customers who purchase specific purchasing plans will be able to download all of the data generated by their applications, which may include specific end user data. Aggregate data generated by your end users may be available for download in all purchasing plans in the form of reports. Such reports will be stored and made available to you through a dashboard accessible only through your Customer account. White Shoe Media shall own and retail all rights, title and interest in and to such reports and all other results, data and/or information provided to you through our Services. You may use the reports only in connection with your use of our Services pursuant to these Terms of Services. All terms and conditions applicable to your purchasing plan will be indicated in that purchasing plan.
We encourage our Customers to provide us with feedback, suggestions, or comments ("Feedback") about our Services. You may submit any Feedback via email at firstname.lastname@example.org. You acknowledge and agree that all Feedback provided to us will be solely and exclusively our property and we may, in our sole discretion, use any Feedback you provide to us in any way, without any obligation to provide attribution or compensation to you or any third-party. You hereby irrevocably assign to us all right, title and interest in and to the Feedback, including any proprietary or intellectual property rights therein.
Our Website and Services may include links to other websites and does not imply our endorsement of that website. We do not control the content of such third-party websites, and assume no responsibility for their content or the accuracy, integrity, reliability or quality of such third-party websites.
Certain purchasing plans of our Services require the payment of monthly fees. You will be required to select a purchasing plan and provide White Shoe Media with your current and accurate credit card or other payment information. You agree to pay the amount specified in your purchasing plan, and further agree to immediately notify us in the event of changes to your payment information. You hereby authorize us to automatically deduct the applicable fees from your payment instrument in advance on a monthly basis until your Customer account is terminated. We reserve the right to change our fees, purchasing plans, and payment policies for our Services from time to time. You will be given reasonable notice of such changes. Your continued use of our Services thereafter constitutes your agreement to all such changes to the fees, purchasing plans and/or payment policies.
You agree that you are solely responsible for any costs, fees, and other expenses related to your use of our Services.
Each party agrees not to disclose the other party's Confidential Information without prior written consent. "Confidential Information" includes without limitation: (a) all software, technology, programming, specifications, materials, guidelines and documentation relating to our Services; (b) any other information designated in writing by either party as "Confidential" or an equivalent designation; and (c) information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (i) independently developed without access to the disclosing party's Confidential Information as evidenced in writing; (ii) rightfully received by the receiving party from a third-party; or (iii) required to be disclosed by law or by a governmental authority. Our company name, trademarks, service marks and/or logos may not be copied or used by you, in whole or in part, without our prior written permission. You hereby grant White Shoe Media the right to use your company name, trademarks, service marks and/or logos for the purpose of identifying you as a Customer of White Shoe Media in its press releases, marketing materials, and websites.
You agree to defend, indemnify and hold harmless White Show Media, its employees, officers and directors from and against any and all losses, damages or costs, including reasonable attorneys' fees resulting from any claims, actions, liabilities, settlements, judgments or demands resulting from: (1) your use of our Services; (2) your breach of any terms contained in these Terms of Service; and (3) any disputes arising out of the relationship between you and your end users.
You may terminate your Customer account, with or without cause, at any time by sending written notice of at least 30 days to email@example.com. White Shoe Media reserves the right to (1) modify or discontinue, temporarily or permanently, our Services (or any part thereof) and (2) refuse any and all current use of our Services, suspend or terminate your Customer account (or any part thereof) or your use of our Services, for any reason, including if we reasonably believe that you have violated any provision of these Terms of Service. White Shoe Media will not be liable to you or any third-party for any modification, suspension or termination of our Services. We will use good faith efforts to contact you prior to such suspension or termination of our Services. All of the data related to you and your end users may be permanently deleted by us upon termination of your Customer account. All accrued rights to payment shall survive termination of our Services.
OUR WEBSITE AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF SERVICE, OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, VIRUS-FREE UNINTERRUPTED OR USEFUL, AND YOU RELY ON OUR SERVICES AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR WEBSITE OR SERVICES.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE OR SERVICES; (3) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OF DAMAGES OF ANY SORT INCURRED AS A RESULT OF THIRD-PARTY LINKS ON OUR WEBSITE; (5) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF OUR WEBSITE; (6) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (7) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO OUR WEBSITE OR SERVICES OR YOUR USE THEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF EITHER THE AMOUNT, IF ANY, THAT YOU HAVE PAID FOR OUR SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF CLAIM OR ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
These Terms of Service and the relationship between you and White Shoe Media shall be interpreted in accordance with the laws of the State of New York without regard to conflict of laws principles. You hereby agree to submit exclusively to the jurisdiction of the state and federal courts of the State of New York for the purpose of resolving any disputes related to your use of our Services.
You acknowledge and agree that these Terms of Service constitute the complete and exclusive agreement between us concerning your use of our Website and Services, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting the changes on our Website. Any changes are effective immediately upon posting to our Website. Your continued use of our Website and Services thereafter constitute your agreement to all such changes to the Terms of Services.
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void. In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, but these Terms of Service shall be modified, to the extent possible, to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions, concerns or suggestions regarding these Terms of Service, please contact us at firstname.lastname@example.org.
White Shoe Media, Inc. - 408 West 57th Street, Suite 6C, New York, NY 10019.