RapTToR agency ts subsidiaries and parent companies (collectively, “RapTToR”, “we”, “our,” or “us”) represent company that develop, produce and distribute products and services for its customers worldwide.
This is our privacy policy (the “Privacy Policy”), which explains how we collect, use and share data through our mobile applications (the “Applications”), our websites (the “Websites”), our pages or presence on third party websites (e.g., Facebook) (the “Third Party Platforms”) and other platforms, websites products, offers and services that we offer from time to time, all of which together we refer as “Services” or “Service”.
This Privacy Policy applies when you use our Services. Please read it before using our Services.
“RapTToR” in this Privacy Policy refers to us and any other corporate entities within the same corporate group (including parent companies and subsidiaries) (“Affiliated Entities”).
If you do not want RapTToR to collect, store, use, or share your personal information in the ways described in this Privacy Policy, you may not use our products or use our services.
Our Privacy Policy applies whenever you use our “Services” which, as we described above, means our products, products, services, content, our websites, for example at www.rapttor.com and/or other domains or websites operated by RapTToR. It describes the ways we use your (personal) data and your rights.
Regardless of whether you are located in or outside of the European Union or European Economic Area, us are the “joint data controllers” of your personal data. We will refer to countries in the European Union (EU) and the European Economic Area (EEA) and Switzerland collectively as the “European Countries” in our Privacy Policy.
We will collect and store any data that you provide to us, including when you create your account or a customer profile while using our products.
While you use our products, you may give us data directly (like when you are setting up your account), and we will store that data on our databases and use it for the purposes described in this Privacy Policy.
When you use our products you may give us the data like:
other information that helps us make sure it is you accessing your account or helps us improve our Services
You may also create a customer profile in our product which other customers can see and which may include the data like:
When you connect to our product by Facebook, we may also collect information that you provide to us about your Facebook Friends’ List, but be sure to ask their permission first.
When you use our products, we collect data about the ways in which you use and interact with our product, such as when and for how long you use, product features and other customers you interact with, purchases you make, progress or levels you achieve, and other scenario activities. If you choose to use communication features in Services that allow you to communicate or share information with other customers, then wewould collect information on what is communicated or shared. This may include your in-product actions like:
We may access in real-time, record, and/or store archives of these communications, comments, and other user-generated content on our servers to make use of them to protect the safety of our customers; to protect our rights and property in connection with our Services; to conduct research; to operate, improve, personalize, and optimize our Services and our customers’ experiences, including through the use of analytics; and to manage and deliver (tailored) advertising. Where required by law, we will seek your consent for this.
We also collect data related to any purchases you make.
If you purchase in-product virtual currency, our third-party payment partners will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address, and financial data. Our payment partners do not share your financial information, like credit card numbers, with us, but they may share non-financial data with us related to your purchases, like your name, and the items purchased.
When you use our products connected third-party applications or platforms (like Facebook, Apple or Google), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, RapTToR does not receive your financial data, but may receive non-financial information related to your purchases, like your name and the items purchased. The information RapTToR receives depends on our product you are playing and the third-party application. Our Terms of Use explain our policies and terms related to charges, billing, third-party credits, and virtual currencies. Please note that purchases of third-party credits or currencies are also subject to those parties’ terms of service and privacy policies.
When you ask for help from our support team, we may collect and store the contact information you give them (generally, your name, e-mail address, customer ID), data about your product use or your activity in a product. We will also store the communications you have with our support and any additional information in those communications in order to provide support and improve the Services. Please note that in many cases in order to identify you we will need a minimum amount of data (e.g., customer ID). Without this information, we will not be able to provide support or answering to your data rights’ requests (as mentioned in Section 5 below), so please be aware that we may contact you and request additional information in order to provide service.
We work with processors based in the United States as well as other countries, which provide an online helpdesk and in-app support systems. When you contact us for support, the below information will be handled by our processors strictly in accordance with our instructions:
Our processors also automatically collect additional types of data, such as your IP address and data sent by your device to provide and improve their service. The data is then transferred to a processors’ servers in the United States. As a safeguard to protect your privacy, we arranged a data processing agreement with our support partners or joint sharing personal data agreements (where our partner is also a data controller of the personal data), where we ensure that your personal information is only used in accordance with our instructions and not for their own purposes or are used in accordance with the applicable law requirements or our contractual arrangements with our partners. In addition, your request is submitted via an encrypted connection and we apply the principle of data minimization to collect only such data that is actually required to best answer your support request. The content of your request will be stored as long as you are an active customer of our product, so you can get a faster response in case you have a similar problem in the future. The purpose of using the service support partners is to answer the extensive number of user requests we receive. Our support processors help us to improve our customer service so that you can get a faster and helpful response.
We collect some information from other entities, including social networks like Facebook, if you access our products through your accounts with those entities or you choose to connect your accounts with those companies to our products.
If you use our products through any third-party applications, including Facebook, RapTToR may receive certain data about you from the provider of the third-party application. The information we receive depends on ourproduct you are playing, the third-party application, your privacy settings, and, if applicable, your friends’ privacy settings on that third-party application. For instance, we may collect and store some or all of the following information from the provider of the connected third-party application:
information about your activities on or through the connected third-party application
other publicly-available data on the third-party application; and/or
any other information that you or the provider of the third-party application share with us.
If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s terms of use and their privacy policy.
We collect information about your device and how you use our products, including using cookies.
As further described in our Cookies Policy, we use cookies to recognize you and/or your device(s) on, off, and across different Services and devices. We also allow others to use cookies and similar technologies as described in our CookiesPolicy. You can control or opt out of the use of cookies and similar technologies that track your behavior on the sites of others for third-party advertising, as described in our CookiesPolicy.
We, our service providers, and our partners use cookies and other similar technologies to collect and analyze certain kinds of technical data, including:
If you use our products on a mobile device, in addition to your device identifiers (described above), we may also collect:
We may collect data from other third-party sources. Where we do, we let you know.
We may collect or receive data about you from other sources like third-party data providers. We use this data along with information you provide us directly, for example, to help you and your friends connect or to serve you advertising more tailored to your interests.
We use your data to provide, personalize, maintain the security of, and improve the products you use; to maintain our business operations; and to exercise, defend or establish our rights.
We use your data under several legal grounds, including:
The use of data we collect and store is to provide you with the Services you request from us and to improve your in-product experience, but there are other uses as well. The uses for which we collect and store your data include:
If you are located in the European Countries, our legal basis for collecting and using the data described above depends on what data is and the context in which we collect it.
However, we normally collect data from you only where we need it to perform our contract with you (i.e., our Terms of Use), where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights), or if yougive us your consent.
In some cases, we may also have a legal obligation or need to collect data from you or may otherwise need the personal data to protect your vital interests or those of another person (for example, another customer). If we ask you to provide data to comply with a legal requirement or to perform a contract with you, this will normally be clear from the context in which we are asking you to provide your data (for example, when we ask you to provide a username to access our Services, this will be to create an account for you in accordance with our Terms of Use), and, if not, we will provide an explanation to you at the relevant time. We will also make clear whether providing data is mandatory.
Similarly, if we collect and use your data in reliance on our legitimate interests (or those of any third party), it will be made clear to you at the relevant time what those legitimate interests are (such as personalizing our services and direct marketing, for example).
If you have questions or need further information about the legal bases on which we collect and use your personal information, please contact us at any time.
We share some of your data with your friends and other customers that you are playing with to facilitate your in-product interactions. We may also share your data with third parties or allow third parties to collect this information from our products in the following manner:
Our products support encourage you to interact with other customers. In most products, if you use them through a social network or connect to a social network (like Facebook), your friends who also use the product will see your name, photo, customer profile and descriptions of your in-app activity.
Further, in our apps other customers (not being your friends) will be able to see your customer profile; view descriptions of your in-product activity; communicate with you within our products and send you app requests or friend requests through our products.
From time to time we will update our webpage at www.rapttor.com with privacy policies from our third party partners. Please visit this webpage to learn more about the General Data Protection Regulation (GDPR) as well as to read more about our third party partners.
We share some of your data with advertisers to tailor the advertisements you see when you use our Services to your interests and to enable us to offer some of our Services for free.
We use advertising to enable us to offer some of our products for free. These advertisements may include, without limitation, banner ads on in a app, as a full-screen ads between moves which third-party advertisers offer to provide in-app items to customers in exchange for watching an advertisement or for completing a task. Offers are hosted by third-party offer wall providers, and the offers are made by third-party advertisers or by us (in case of showing our advertisements).
We do not actively share personal data that directly identifies you with third-party advertisers for their direct marketing purposes unless you give us your consent.
To enable advertisers and ad media partners to serve you with more relevant ads, they may collect, or we may collect and share with them, the following types of data when you use our products:
In addition to serving you with relevant ads, the data collected may be used to:
Ad networks may collect this data through the use of cookies and other similar tracking technologies, and they may use a single tracking technology or multiple tracking technologies at the same time.
After clicking on a third-party advertisement, you may no longer be on a site or app controlled by us through which you are using our products.
If you do want to receive customized in-application advertisements from third parties, your consent would be required. The practices of third-party companies delivering advertisements in our products are subject to those companies’ own privacy policies.
We share your data if necessary for safety, security, or compliance with law.Your data and the contents of all of your online communications in our products and between you and RapTToR may be accessed and monitored as needed to provide our products and may be disclosed:
We share your data with the third-party service providers and partners that we work with to bring you our products.
We will share your information with third-party companies who perform services on our behalf, like analytics, analysis, hosting services, customer service, marketing, and advertising optimization. We will also share your data with our third-party partners who assist us in delivering and optimizing our Services, such as our platform partners (Apple, Google, Facebook, Amazon, etc.). Where we share your data with third-party service providers and partners, we ensure that we have appropriate agreements in place to protect your information (as required by applicable data protection laws).
We may share some of your information with other third parties, if we have your consent to do so.
In addition to the sharing described above, we may share your data with other third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy if we have your consent to do so.
If you are a customer located in the European Countries, you have certain rights with respect to your personal information.
If you are located in the European Countries, you have the following rights:
To exercise your rights to access or deletion, please submit a request through the Contact Us link within our Applications or directly send us an email to our support team at support (at) RapTToR products.com. We ask that you submit all requests through the Application itself to ensure that, at a minimum, we have sufficient information about the user to enable us to service the request. While you send us email message we may ask you to provide more information about you like: customer ID in our product. If you do not provide us with accurate information or we do not have access to your email address and your customer ID and sufficient consent, if required, we will not be responsible for failure to exercise your rights as we will not be able to identify you as our customer. We respond to all data protection requests we receive in accordance with applicable data protection laws.
You can request a copy of or deletion of your product account data through our product.
To review and update personal data (including given us consents) associated with your RapTToR customer profile in certain products, visit “Settings” within that Application.
If you want to review or delete your product account, please submit a request through the Application itself or through our support.
For deletion requests, we will take reasonable measures to delete your personal data from our records. We will keep certain records (e.g., personal data relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We will also keep data in order to exercise, defend, or establish our rights.
To manage the information we receive from third-party applications and from your mobile device, use the settings provided by the third-party application and your mobile device.
You also can manage many aspects of data collection and use from your mobile device by visiting the “settings” of your mobile device or web browser and reviewing the access permissions of each product / application.
Once we receive your data from a third-party application / platform or your mobile device, that data is stored and used by us in accordance with this Privacy Policy. You may access and update that information as described above.
You can unsubscribe from promotional emails by clicking the “unsubscribe” link. You can opt out of mobile push notifications in your device’s settings page.
If you want to stop receiving push notifications, which are messages an app sends you on your mobile device even when the app is not on, you can turn of push notifications by visiting your mobile device’s “Settings”. Many of our products also offer the ability to turn off push notifications in the in-product “Settings”.
Please note that if you opt in or out of receiving marketing communications from us, we may still communicate with you from time to time if we need to provide you with information about the products you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we update this Privacy Policy, our Terms of Use or RapTToR End User License Agreement.
While you give us your consent for obtaining the personalized advertising from our third-party partners, you can opt in or opt out of third-party customized advertising through your device Settings and other third-party opt-in or opt-out tools.
If you do not want to receive tailored in-application advertisements from third parties that relate to your interests on your mobile device, you may adjust the ad tracking settings on your device (such as turning on “Limit Ad Tracking”). You can also reset the “Advertising Identifier” (such as an IDFA) from your mobile device’s settings, which will prevent continued use of existing behavioral data tied to your previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps that offer to provide you with control regarding the collection and use of cross-app data for tailored advertising.
All of the opt-in or opt-out tools described in this subsection are provided by third parties, not by us. RapTToR does not control or operate these tools or the choices that advertisers and others provide through these tools.
Please note that you may still receive third-party advertisements in our products after using these tools, but the advertising you see would not be customized to your interests or needs.
We are not responsible for the ways in which third parties use your data (other than our partners acting under our guidance). Our websites and products may contain advertisements from third-party services that may link to their own websites or services. We are not responsible for the privacy practices or the content of these parties. If you have any questions about how these entities use your data, you should review their policies and contact them directly.
We do our best to ensure that we do not collect information from or about children.Generally, our products are not intended for children under the age of 16 (collectively, “Children”). Children are not permitted to use our products, and we do not knowingly collect any personal data from Children.
Though our Services do not target Children, we may collect age information before allowing a customer to proceed for certain products. For customers who identify themselves as Children in our age-gate on such products, if we allow Children to use the products, we will either provide a version of that products that does not collect, use, or disclose “personal data” (as defined in the Children’s Online Privacy Protection Act (“COPPA”)), except as permitted by COPPA or obtain legally valid legal guardian consent.
If we learn that we have inadvertently gathered personal data that is not subject to a COPPA exception from a Child, we will take reasonable measures to promptly remove that information from our records.
When you use our products, your personal data may be sent outside of the European Counties, for example, to the United States, Israel and Hong Kong and possibly other countries. When we transfer, store, and use personal data collected in the European Countries outside of the European Countries, we comply with our legal obligations and ensure that your personal data is subject to suitable safeguards (such as encrypting communication) or transferred to “approved” territories.
As a global company, we may transfer your personal data to our “Affiliated Entities,” located in European Countries and outside like United States, Israel and Hong Kong which are any other corporate entities under common ownership with RapTToR , or to our business partners and service providers from time to time for our legitimate business purposes. For example, RapTToR provides certain services to its Affiliates.
We store personal data about customers and visitors to our sites on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal information collected in the European Countries may be transferred to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, one of our Affiliated Entities, or one of our business partners or service providers. This staff may be engaged in, among other things, marketing communication with customers and product development. When we transfer your personal data internationally we will take reasonable steps to ensure that your data is treated securely, lawfully, and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your data is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where you are resident.
Additionally, if we share with entities which are not subject to the Privacy Shield framework, and we make sure that these entities ensure an adequate level of protection, the transfer is supported by the European Commission’s standard contractual clauses for the transfer of personal data to a country outside the European Countries. These standard contractual clauses are available here: http://ec.europa.eu/justice/data-protection/international-transfers/transfer/.
Participating European countries’ residents should direct any questions, concerns or complaints regarding RapTToR ’s handling of personal data or compliance with the Privacy Shield to RapTToR at:
ATTN: Data Protection Officer
RapTToR
Address: Mose Pijade 2, 31300 Prijepolje, Serbia, Europe
office@rapttor.com
We will answer your questions in a timely and complete manner. If, after discussing the matter with us, your question or complaint is not resolved.
If your complaint still is not resolved through these channels, an additional binding arbitration option may be available to you.
We’ll keep your information for as long as necessary to provide you with the Services, maintain our legitimate business operations, and/or exercise, defend or establish our rights.
How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.
We will retain personal information about you and connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.
We work to protect your information but you as a customer also have to take certain steps.
We implement reasonable and appropriate security measures to help protect the security of your data and to ensure that your data is treated securely and in accordance applicable laws.
It is important that you protect and maintain your RapTToR account’s security and that you immediately tell us of any unauthorized use of your account. If you access our Services through Facebook and your account is hacked or otherwise compromised, this may lead to someone accessing or deleting your product accounts without your permission. So, be careful to keep your Facebook account information, including your social network account password, secure as well. We urge you to log out of your RapTToR account and any social network account you have used to access our Services when you are finished using them.
With respect to your personal data, RapTToR Global Limited and RapTToR are joint controllers, which mean that both, RapTToR Global Limited and RapTToR decide about purposes and means of processing (mentioned in this Privacy Policy).
RapTToR Global Limited and RapTToR as joint controllers have agreed upon the relevant arrangement determining their respective responsibilities for compliance connected with the personal data security.
RapTToR Global Limited is the company responsible mainly for the distribution of products and financial service of products and RapTToR is responsible mainly for the performance of information obligations towards the customers of our Services and for ensuring the performance of customers’ rights. To ensure the protection of your rights, RapTToR Global Limited and RapTToR have appointed a joint Data Protection Officer (please see Section 12 below).
RapTToR has a Data Protection Officer (the “DPO”) who is the person at RapTToR responsible for all matters related to data protection and privacy matters. The DPO is the designated contact for data protection issues for RapTToR You can reach RapTToR’s DPO at the following address:
ATTN: Data Protection Officer
RapTToR
Mose Pijade 2, 31300 Prijepolje, Serbia, Europe
office@rapttor.com
If you have a customer service-related issue, please contact our Support Team instead of contacting the Data Protection Officer.
If you want to request access to the information that RapTToR has on file for you, please Support Team. If you want to request that RapTToR correct any information that RapTToR has on file for you, please Support Team. If you want to request that RapTToR delete information that RapTToR has on file for you, please Support Team.
Please be sure to include your name or your customer ID or address and email address in any correspondence to us so that we can respond to your inquiry in a timely manner.
Additional Privacy Information for RapTToR product
RapTToR productface is a social application platform, designed to enable you to interact in shared worlds, share your scenario videos and participate in scenario challenges. That means we need to collect your personal data in order to provide you with this experience.
You give us your personal data when you create an account, register for a live event or enter a challenge. Note that when you participate in live events or share your in-product video, your in-product actions and achievements, in-product username and your avatar/profile picture, team, and other components of your in-product profile will be visible to other event participants and to the other users.
We offer you choices regarding the collection, use, and sharing of your Personal Data and we will respect the choices you make. Please note that if you decide not to provide us with the Personal Data that we request, you may not be able to access all of the features of the RapTToR productface.
What do we do with data you provide us within RapTToR productface
Apart from beforementioned in this Privacy Policy ways, we will use the information we collect about you as follows:
When you create an account within RapTToR productface, you may give us data such as:
You can choose whether to find other users of the Platform either through (i) your phone contacts or (ii) Facebook contacts. If you chose to find other users through your phone contacts, we will access and collect your phone contacts, including the names, phone numbers, addresses and any other information that you have stored on your phone about your contacts in order to determine if they are using the Platform by matching them with existing users of the Platform. If you want to find other users through your Facebook contacts, we will collect your public Facebook information as well as names and profiles of your Facebook contacts.
However, RapTToR productface revolves around uploading your scenario videos consisting of the product itself and image/video from your device’s front-facing camera. To that end you may give us:
RapTToR productface is not addressed to the children under the age of 16 and we do not knowingly collect any personal information from children under 16. Children under 16 should not use RapTToR productface at any time. If we learn that we have inadvertently gathered personal information from a child under 16, we will take reasonable measures to promptly remove that information from our records. If you become aware of any data we have collected from children under the age of 16, please contact us at your earliest opportunity using the Contact Us link within RapTToR productface.
A company that is subject to California Civil Code Section 1798.83 is required, if engaged in sharing data with third parties for direct marketing requests, upon request from a user, to disclose to its users the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal data disclosed. The company is required to respond to this request once per calendar year. Our California-resident customers should make any such request through the Contact Us link found in our Applications or by contacting the DPO.
A company subject to California Business and Professions Code Section 22581 is required to allow any California resident under age 18 who is a registered user of an online site, services or applications to request and obtain removal of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. Our California-resident users should make any requestto remove any content or information that they have publicly posted through the Contact Us link found in our Applications or by contacting the DPO.
We let you know about any material changes to our Privacy Policy. If we decide to make material changes to our Privacy Policy, we will tell you and other customers by placing a notice in-product or on our website at www.rapttor.com or by sending you a notice to your e-mail address we have on file for you before the change becomes effective (and we will ask for your consent where required by law).
Please also periodically check at www.rapttor.com for updates of this Privacy Policy.
We welcome you to use the services of RapTToR, Inc. and its affiliates (“RapTToR, “we”, “us”, “our”). We provide mobile and online services, including but not limited to RapTToR product applications (the “product(s)”), and the related website located at www.rapttor.com and its subdomains (the “Site”), (the products, the Site and other products, mobile applications, services and websites provided by us collectively, the “Service”).
PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR A GAMBLING ACTIVITY AND YOU ACKNOWLEDGE AND AGREE THAT RapTToR DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE.
THE SERVICE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT RapTToR TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICE IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE SERVICE IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICE IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.
PLEASE NOTE THAT YOU ARE ONLY ALLOWED TO USE THE SERVICE IF YOU HAVE REACHED THE AGE OF “MAJORITY” WHERE YOU LIVE.
AS AN ELEMENT OF THE PRODUCTS, YOU CAN OBTAIN VIRTUAL CURRENCY TO USE THE PRODUCT. THE PRODUCT CURRENCY CAN BE PURCHASED FOR REAL MONEY OR WON DURING USING THE PRODUCT, BUT IT HAS NO CASH VALUE. YOU MAY NOT SELL, TRADE, TRANSFER, CASH OUT, REDEEM OR IN ANY OTHER WAY EXCHANGE THE VIRTUAL CURRENCY FOR REAL MONEY OR FOR ANY REAL GOODS. PLEASE ALSO NOTE THAT THE PRODUCTS DO NOT COPY ANY REAL MACHINE FROM REAL-WORLD CASINOS, SO YOU MUSTN’T EXPECT THE SAME OR SIMILAR FEATURES, PARAMETERS OR RESULTS.
These Terms of Use (collectively, the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Service, however installed, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Service. It is important that you read and understand the Terms. By downloading, installing, accessing or using the Service (including products) you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation in our Privacy Policy part and that you agree to be bound by this agreement whether or not you are a registered user of any of our products. Consequently, if you do not accept or understand the Terms, please do not use, download, access or register with the Service. If you do not agree to these Terms, you are not entitled to use the Service and you must promptly uninstall and delete all copies of any products.
The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
In addition to these Terms, you agree to abide by any supplemental policies of the Service, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.
From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes. If you continue to use the Service following such a posting of changes, you accept any such change or modification.
If you have any questions about these Terms or our Privacy Policy, please see our contact information in the last section of these Terms.
Use of the Service is subject to your continued compliance with these Terms. You are only allowed to use the service if you have reached the age of “majority” where you live. By accessing or using the Service you represent and warrant that you have reached the age of “majority” where you live and that you agree to be bound by these Terms. You undertake to monitor your User Account to restrict use by minors, and in particular you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of the Service, including use of your credit card or other payment instrument by minors.
The Service is intended solely for your personal use. You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject RapTToR to any registration requirement within such jurisdiction or country, and the use of the Service is unauthorized in any such jurisdiction. You agree not to access or use the Service in any such jurisdiction.
Certain parts of the Service, in particular use of the products, require a user account (“User Account”). When you use any of our products, a User Account is automatically created based on your device IDs, or your Facebook account if you decide to connect your User Account with it. You may also be able to provide us with profile information within the Service. You agree not to provide inaccurate, misleading or false information in connection with your use of the Service and in particular in connection with your User Account for the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Please also see our Privacy Policy for more information about how we process your personal data.
We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.
You agree not share the User Account or any user credentials or password with any other party and not to let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. You agree to notify us immediately if you suspect any breach of security in the Service. You are solely responsible for maintaining the confidentiality of your User Account, and accept responsibility for all uses of the User Account, including any purchases, whether or not authorized by you.
We reserve the right to invalidate User Accounts if we become aware that a user is less than the required minimum age and we may request additional information to confirm a user’s age at any time. Other legal ramifications may also apply.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Certain features of the Service may be subject to a fee. These features may include the possibility to purchase upgrades (such as access to certain elements in the Service) or to purchase virtual currency to use a product (“product Currency”). Applicable fees are displayed in the Service in connection with the respective feature of the Service. We reserve the right to change the pricing for the goods and services offered through the Service, including the product Currency, at any time.
The product Currency or upgrades, where applicable, can be purchased for real money or won during scenario, but they have no cash value. Any product Currency you purchase or win during scenario is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and only for non-commercial use in the Service. product Currency is licensed, not sold to you. product Currency may never be redeemed for actual monetary instruments, goods or other items of monetary value from RapTToR or any other party. You agree not to sell, trade, redeem or otherwise transfer product Currency to any person or entity, including but not limited to another user or any third party, or in any other way cash out or exchange the product Currency for real money or for any real goods.
The estimated pack chances for RapTToR Charms can be found here: https://charms.RapTToR casino.com
You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your Apple, Google or Amazon account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You (i) represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and (ii) authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.
Provision of product Currency and any upgrades is a service that is offered to you as a part of the Service. By paying the applicable fees you acknowledge and agree that the provision of the product Currency or any upgrades commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSE FOR PRODUCT CURRENCY OR UPGRADESIS ALWAYS FINAL AND NON-REFUNDABLE.
PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY product CURRENCY THAT IS LOST, DAMAGED, DELETED OR USED INAPPROPRIATELY, OR FOR PRODUCT USE INTERRUPTIONS OR PREMATURE PRODUCT TERMINATION, REGARDLESS OF CAUSE, THAT RESULT IN PRODUCT CURRENCY BEING SPENT. WE MAY MANAGE, REGULATE, MODIFY, CONTROL OR ELIMINATE PRODUCT CURRENCY AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. IF WE EXERCISE SUCH RIGHTS, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT ALL PRODUCT CURRENCY WILL BE FORFEITED AND YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCT CURRENCY WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY, OR IF WE DISCONTINUE PROVIDING THE SERVICE OR ANY PARTICULAR product.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
The Service contains links to websites, services and content owned and/or operated by third parties, for instance third parties who may invite you to participate in promotional offers or rewards programs or third-party advertisers, affiliate advertising networks or payment providers. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website, services or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available therein. By accessing a third-party website, services or content you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. We encourage you to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. RapTToR retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any products, titles, source and object codes, product client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, application history and recording of product use, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications thereof.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RapTToR . YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE PRODUCT CURRENCY, WHETHER EARNED IN A PRODUCT OR PURCHASED FROM RapTToR , OR ANY OTHER ATTRIBUTES ASSOCIATED WITH A USER ACCOUNT OR STORED ON THE SERVICE.
Subject to your compliance with these Terms and without prejudice to any other terms set forth in these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable and non-assignable / non-sublicensable license to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
The Service is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of the Service even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
Except as expressly specified in these Terms, you agree not to: (a) reproduce the Service or any part thereof in any form or by any means; (b) copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service; (c) sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party; (d) exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity; (e) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time; (f) disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law; (g) misrepresent the source of ownership of the Service; (h) scrape, build databases or otherwise create permanent copies of any content derived from the Service; (i) commercially exploit the Service; (j) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways.
We are not obligated to maintain or support the Service, to provide all or any specific content through the Service, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Service, disable access to the Service for any period of time or permanently, and automatically update or upgrade the version of the Service that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Service.
The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
You represent and warrant that you will not use or otherwise transport, export or re-export (directly or indirectly) the Service into any country forbidden to receive the Service by any U.S. or other jurisdiction’s export or technology laws or regulations or otherwise violate such laws or regulations, which may be amended from time to time. In particular, you represent and warrant that you will not use or otherwise transport, export or re-export the Service to a country that is subject to a U.S. Government embargo or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also represent and warrant that you are not located in any such country or on any such list.
You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Service (collectively, “User Content”). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
The following types of User Content are examples of User Content that is prohibited in the Service:
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at support@RapTToR products.com. For instructions on how to report intellectual property issues, please see section X (“Copyright Infringement”) below.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to us. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that all your communications within any forums or chat areas in the Service are public, and you have no expectation of privacy regarding your use of such forums or chat areas. We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties. We wish to remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (i) your product scores; (ii) your product use sessions; (iii) your presence on the Service; (iv) the time that you spend on or within particular portions of the Service; (v) rankings, statistics and user profiles; and (vi) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to repro-duce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such information or materials.
The list below contains examples of behaviors that are prohibited in the Service:
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at support@RapTToR products.com and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work; (iii) your contact information, including your full name, mailing address, telephone number, and email address, if available; (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at support@RapTToR products.com. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information: (i) identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled; (ii)your name, address, telephone number and, if available, email address; (iii)include both of the following statements in the body of the Notice: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”; and “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which RapTToR may be found, and I will accept service of process from the complaining party who notified RapTToR of the alleged infringement or an agent of such person.”; and (iv) provide your full legal name and your electronic or physical signature.
Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. By using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy and applicable laws and regulations related to personal data.
The Service may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Service and in particular with other users of the Service.
In addition to what is stated in the Privacy Policy, you agree to:
In order to take part in the RapTToR productface experience you need to install the application and create an account in it. You can also your use (a) your customer account, or (b) such other third-party accounts that we support, as selected by you on the Platform account creation screen. You agree that you will not disclose your account password to anyone and you will notify us immediately of any unauthorized use of your account.
By downloading, installing, accessing and using (i.e. creating an account), you acknowledge that the Platform constitutes part of the Service in the meaning given in the Introduction of these Terms of Use and so is the subject of all of it. Therefore by downloading, installing, accessing or using the Platform you confirm that you have read and understood the Terms of Use in whole (http://RapTToR products.com/terms-of-use). Terms of Use, including this section, create binding contract between you and RapTToR whereas we give you access to the Platform and opportunity to appear in the main feed among our best customers and you give us access to your device’s camera and content you create while using the Platform.
The Platform operates based on videos uploaded by users. You participate in RapTToR productface by uploading videos while you are playing our products. In that manner you make your personal image public for us and every other user of the Platform. Therefore, we need your consent:
You agree that in conjunction with your use of the Platform you will not make available any unlawful, racist, misleading or otherwise inappropriate content.
Further, you agree that in conjunction with your use of the Platform, you will maintain safe and appropriate contact with other customers and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others.
To guarantee the lawfulness and safety of the Platform we reserve the right to filter and delete uploaded videos, if we deem it inappropriate in any way, at any time.
If you no longer want to share some of your content on the Platform, and would like it deleted, we take care of this for you. Please contact us via support@RapTToR products.com, and we will provide you with further assistance and guide you through the process. Once you choose to delete your content you will not be able to retrieve it. We can also delete any video at anytime on our sole discretion.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS, AFFILIATE ADVERTISING NETWORKS, REWARDS PROGRAM OPERATORS OR PAYMENT PROVIDERS WE MAY COOPERATE WITH OR ANY OTHER USERS OF THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE RapTToR AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold RapTToR (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms
These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including RapTToR Privacy Policy), contain the entire understanding of you and RapTToR , and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
The laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms.
BINDING ARBITRATION. EXCEPT AS SPECIFICALLY STATED HEREIN, ANY DISPUTE OR CLAIM BETWEEN YOU AND RapTToR ARISING OUT OF, OR RELATING IN ANY WAY TO, THE TERMS, THE SERVICE OR YOUR USE OF THE SERVICE, OR ANY PRODUCTS OR SERVICES OFFERED OR DISTRIBUTED THROUGH THE SERVICE (“DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY BY FINAL, BINDING ARBITRATION. BY VIRTUE OF THIS AGREEMENT, YOU AND RapTToR ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY (EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION XVII). The provisions of this Section XVII shall constitute your and RapTToR ’s written agreement to arbitrate Disputes under the Federal Arbitration Act. Any modification to this Agreement shall be in writing and signed by you and RapTToR . The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RapTToR ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU AGREE THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s or a third party’s intellectual property rights.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorised assignment and delegation by you is ineffective.
We reserve the right to discontinue offering the Service or any part thereof (such as any particular product) or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, RapTToR shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR USER ACCOUNT AND/OR ACCESS TO THE SERVICE IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE SERVICE UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY RapTToR POLICIES. YOU CAN LOSE YOUR USER NAME AND PRODUCT PROFILE AS A RESULT OF SUCH TERMINATION OR SUSPENSION, AS WELL AS ANY product CURRENCY. PLEASE NOTE THAT RapTToR IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
WE RESERVE THE RIGHT TO TERMINATE ANY USER ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
The Service is operated and provided by RapTToR, Inc. and its affiliates If you have any questions about these Terms, please contact us at support@RapTToR products.com or by mailing us at RapTToR, Inc., 2600 El Camino Real Suite 601 Palo Alto, California 94306, USA.
IMPORTANT NOTE: In addition to this End User License Agreement, your use of products and services from RapTToR (e.g., applications, website) are also governed by our Privacy Policy and our Terms of Use.
THE RapTToR APPLICATIONYOU ARE DOWNLOADING OR HAVE DOWNLOADED (AS FURTHER DEFINED BELOW) HAS BEEN PROVIDED BY RapTToR OR RapTToR GLOBAL LTD(AS INDICATED IN THE APPLICATION ORAPP STORE WHILE DOWNLOADING OUR product WHICH ENTITY IS THE DISTRIBUTOR OF OUR product).BOTH ARE INDIVIDUALLY REFERRED TO HEREIN AS “RapTToR ” OR “WE” AS APPLICABLE TO THE SPECIFIC APPLICATION.BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”), THE RapTToR PRIVACY POLICY (“PRIVACY POLICY”) AND THE RapTToR SERVICES TERMS OF USE (“TERMS OF USE”) (COLLECTIVELY THE “RapTToR COLLECTIVE TERMS”). IF YOU ARE DOWNLOADING OR ACCESSING THE APPLICATION FROM A THIRD PARTY DISTRIBUTION CHANNEL (FOR EXAMPLE, APPLE OR GOOGLE) THEN THE DISTRIBUTION CHANNEL MAY HAVE ITS OWN TERMS BETWEEN YOU AND THE DISTRIBUTION CHANNEL. THIS LICENSE AGREEMENT IS BETWEEN YOU AND RapTToR AND WE ARE RESPONSIBLE FOR THE APPLICATION AND THE CONTENT IN THE APPLICATION, NOT ANY THIRD PARTY DISTRIBUTION CHANNEL (E.G., APPLE). IF YOU HAVE DOWNLOADED THE APPLICATION FOR USE ON AN APPLE PRODUCT, YOU AND RapTToR ACKNOWLEDGE AND AGREE THAT APPLE AND ITS SUBSIDIARIES ARE THIRD PARTY BENEFICIARES TO THIS LICENSE AGREEMENT AND, UPON YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS LICENSE AGREEMENT AS A THIRD PARTY BENEFICIARY THEREOF.
ALTHOUGH RapTToR HAS LIMITED ITS LIABILITY IN THIS LICENSE AGREEMENT, YOUR LIABILITY IS NOT LIMITED BY THIS LICENSE AGREEMENT.
BY DOWNLOADING THE APPLICATION YOU ARE ACCEPTING THIS LICENSE AGREEMENT, THE PRIVACY POLICY, AND THE TERMS OF USE AND YOU ARE AFFIRMING THAT YOU ARE AT LEAST 16 YEARS OF AGE. BY DOWNLOADING THE APPLICATION, THIS LICENSE AGREEMENT BECOMES ENFORCEABLE AGAINST YOU AND ANY LEGAL OR NATURAL PERSON FOR WHOM IT IS BEING USED.DO NOT DOWNLOAD THE APPLICATION IF YOU DO NOT AGREE TO THE RapTToR COLLECTIVE TERMS. IF YOU HAVE ALREADY DOWNLOADED THE APPPLICATION AND YOU DO NOT AGREE TO THE RapTToR COLLECTIVE TERMS, THEN DELETE THE APPLICATION IMMEDIATELY.
THIS LICENSE AGREEMENT, WHICH INCORPORATES THE PRIVACY POLICY AND THE TERMS OF USE, GOVERNS YOUR USE OF THE APPLICATION AS DEFINED FURTHER BELOW. YOUR ACCESS AND USE OF RapTToR ’S WEBSITE (www.rapttor.com) OR ANY OFFICIAL RapTToR PAGE ON SOCIAL MEDIA IS GOVERNED BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY.
The RapTToR “Application” is defined as follows: any RapTToRapplication that is provided in connection with this License Agreement (including but not limited to software, code, text, images, designs, and interfaces)and any patch, updates, upgrades, replacements or similar to the RapTToR application, whether distributed by RapTToR directly or via third party distribution channel. RapTToR may also offer “Services” (as defined in the Terms of Use) in connection with or separate from the Application. RapTToR Applications may be distributed by either RapTToR products or RapTToR Global (as described above).
RapTToR may make changes to or revoke this License Agreement at any time and for any reason. By continuing to use the Application on or after the effective date of the new agreement or new terms, you are consenting to the new terms or new agreement governing the relationship between you and RapTToR . If you no longer consent to use our Application, the License Agreement or to any new agreement or new terms between you and RapTToR , then delete the Application immediately and discontinue your use of any Services provided by RapTToR . If you revoke consent to the License Agreement or any other terms or agreement with RapTToR , then your sole remedy for revoking consent is to no longer access the Application or the Services.
RapTToR is not obligated to provide any maintenance of support for the Application. You understand and agree that RapTToR , in its sole discretion, may make any changes (temporary and/or permanent) to the Application that it wants, including but not limited to discontinuing and/or modifying any services, features or similar, discontinuing the Application entirely, limiting the usage and/or changing the pricing or availability of the Application or Services, all even without notice.Changes to the Application may also include changing how the Application is accessed (for example, charging a fee to access or download the Application or to access content within the Application that was available without a charge previously, changing the platforms for which the Application is available, not offering older versions of the Application for further download, changing the third party distributions channels for the Application) and/or placing limitations or other restrictions on any content within the Application. Some changes that we make to the Application may make the Application unusable on a particular device, including your own, even if you still have it downloaded on your device. Many of our Applications require access to the internet in order to function, and if you do not have access to the internet, your ability to use the Application may be severely limited.
RapTToR has no liability to you or to any third parties as a result of any changes, discontinuation or removal of the Application. You will have no remedy or damages against RapTToR for any changes that are made to the Application, including but not limited to removing the Application entirely.
RapTToR also reserves the right to revoke access to and/or any license to the Application at any time and for any reason. If a customer violates the RapTToR Collective Terms in any way, the customer’s account and access to the Application may be deleted immediately and irretrievably, with or without notice to the customer. Notice will be provided at RapTToR ’s sole discretion.
Your use of the Application depends on you, at your cost, having all the requisite hardware, software and internet connection that is required to access and use the Application. These external requirements to access and use the Application may change at any time, for any reason, without notice, and RapTToR does not guarantee access to anyone. You may also be restricted geographically at any time from accessing or using the Application, and RapTToR does not guarantee that the Application will be available for download in all locations. If you access or use the Application on a wireless device, note that your wireless or cellular provider may charge fees or data usage for the Application, all of which are to your cost.
When you download, install, access and/or use the Application, RapTToR is using and collecting your data according to the Privacy Policy (available here: http://www.rapttor.com). By consenting to this License Agreement, as already noted above, you are also consenting to the Privacy Policy.
You may receive push notifications, SMS or text messages, and/or email alerts (“Messages”) from the Application, both inside and outside of the Application. You can control these Messages with your device settings or by deleting the Application. RapTToR may send you Messages based on, for example, the data that are provided pursuant to the Privacy Policy, including but not limited to your geographic location or your use of the Application. If you receive the Messages via SMS, text or email, your wireless provider may charge you to receive these Messages. If you are not seeing Messages that you have signed up for, then this may be a limitation of your device. Please contact your wireless or cellular provider or your device manufacturer with these issues.
You may be able to access and use the Application without setting up an account with RapTToR. When you install the Application, you will be assigned a unique identifier automatically. Please note that some of the features of the Application may only be available to customers who further develop their customer profile, whether directly or in connection with an existing account you have with another company (e.g., Facebook). If you connect the Application with an existing account you have with another company,youmay be asked to provide certain information (e.g., name, email address, country of residence, photograph).This information is requested and maintained by RapTToR pursuant to the Privacy Policy. You agree to provide RapTToR with information that is accurate and that belongs to you. You also agree to update RapTToR promptly if and when any of the account information changes. You understand that some information that you provide for your account is also used in your public customer profile (including your username and photograph), and that customer profiles may be publicly available and/or viewable.
You may be asked to create login credentials when setting up your account, or you may be able to use your existing login credentials from a third party company (e.g., Facebook). Keep your login credentials secure and private and do not share your information with anyone. You are responsible for ensuring that this information remains confidential, and any purchases made in your account or by you or your device in the Application are your responsibility, whether authorized or unauthorized. If someone other than you violates the RapTToR Collective Terms using your account or device, then your license to the Application may be terminated even if the use is unauthorized.RapTToR reserves the right to refuse use of a username or customer ID or to reclaim use of any username and/or customer ID for any reason at any time and without notice.
The Application is entirely owned by RapTToR (which, for this Section 5, may also include other companies within RapTToR ’s corporate group), and RapTToR has protection of its intellectual property both in the United States and abroad. You acknowledge that you have no claim to ownership of any kind to the Application or anything contained within or forming a part of the Application (including but not limited to artwork and avatars or other images or text created to depict your persona within the Application). The license you are granted under this License Agreement, which is described below in Section 6, does not grant you ownership over any aspect of the Application or other property of RapTToR . Except as provided for in Section 6 of this License Agreement, you are not granted any intellectual property rights to the Application (including but not limited to the use of any logos, trademarks, service marks, trade dress or other brand features of RapTToR ).
You will not: (a) in part or as a whole, copy, adapt, modify, reproduce, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law; (b) remove, blur or otherwise obscure, or alter any copyright, trademark, logo, or other notices (including legal notices) in or on the Application; (c) use or authorize any unauthorized third-party software that intercepts or otherwise collects information from or through the Application; (d) intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose; (e) facilitate, create, or maintain any unauthorized connection to the Application; (f) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by RapTToR ; (g) use the Application to send automated queries to any website or to send any unsolicited commercial email; or (h) use any proprietary information or interfaces of RapTToR or other intellectual property of RapTToR in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
In order to conform with this License Agreement, you must also conform with all application laws (including copyright and trademark laws) as well as any legal notices. You must also comply with applicable third party terms of agreement when using the Application.
Subject to your compliance with the RapTToR Collective Terms, RapTToR grants to you, pursuant to this License Agreement, a limited, non-exclusive, non-transferrable, non-sublicensable, and fully-revocable license to: (a) download and install the Application on a device you own or otherwise have authorization and control over, (b) use the Application for non-commercial, entertainment only purposes (the “License”). If you do not comply with the RapTToR Collective Terms, then this License Agreement is immediately revoked and you forfeit all rights you have to the Application. You may not rent, lease, lend, sell, redistribute or sublicense the Application to anyone or anything. You agree to only install the Application on an Apple-branded product that you own or control and only as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that an Application installed on an Apple-branded product may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
The License is effective when you download and install the Application and it is terminated automatically on the earlier of when you delete the Application or this License Agreement is terminated. The terms of this License Agreement will govern any upgrades provided by RapTToR that replace or supplement our Application or Services unless provided under a separate license agreement (or expressly stated otherwise).
RapTToR (INCLUDING ALL COMPANIES WITHIN THE RapTToR CORPORATE GROUP) WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
RapTToR (INCLUDING ALL COMPANIES WITHIN THE RapTToR CORPORATE GROUP) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION AND THE RapTToR SERVICES) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF RapTToR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT, UNLESS WHERE EXPRESSLY PROHIBITED BY LAW). IN NO EVENT WILL RapTToR ’S (INCLUDING ALL COMPANIES WITHIN THE RapTToR CORPORATE GROUP) LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ACQUIRE THE APPLICATION AND/OR ANY PURCHASES MADE BY YOU WITH YOUR ACCOUNT WITHIN THE APPLICATION, EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF RapTToR’S (INCLUDING ALL COMPANIES WITHIN THE RapTToR CORPORATE GROUP) ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. HOWEVER, THIS DOES NOT EQUATE TO A WAIVER OF ANY STATUTORY RIGHT TO SEEK INJUNCTIVE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.IN JURISDICTIONS IN WHICH A LIMITATION OR EXCLUSION OF LIABILITY OR A LIMITATION ON IMPLIED WARRANTIES IS AVAILABLE BY LAW BUT WHICH IS MORE THAN THE LIMITATIONS OR EXCLUSIONS PROVIDED FOR IN THIS LICENSE AGREEMENT, RapTToR AND/OR ANY COMPANY WITHIN ITS CORPORATE GORUP MAY AVAIL ITSELF OF ALL LIMITATIONS OR EXCLUSIONS AVAILABLE UNDER THE LAWS OF SUCH JURISDICTION.
RapTToR DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS, FEATURES, IMAGERY OR ANY CONTENT OR FUNCTIONALITY WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. RapTToR SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. RapTToR AND ANY DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION, ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, OR WITH RapTToR ’S SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION AND YOU SHOULD DELETE THE APPLICATION IMMEDIATELY.
You agree to indemnify, defend, and hold RapTToR and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates (including all companies within the RapTToR corporate group), partners, and licensors (collectively, the “RapTToR Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the RapTToR Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to RapTToR ’s or its vendors’ servers; your violation of this License Agreement; or your violation of the rights of any other person or entity. RapTToR reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RapTToR , and you will cooperate with RapTToR for defense of these claims.
This License Agreement is effective until terminated, and you understand that RapTToR can terminate this License Agreement at any time effective immediately if you violate any of the provisions of the Collective Terms. You may terminate this Agreement at any time by: (i) deleting the Application in your possession or control and ceasing to use the Services or (ii) requesting that your RapTToR account and/or your personal data on file with RapTToR be deleted. RapTToR may terminate this License Agreement at any time for any reason or no reason, with or without notice. If you are in violation of the terms of this License Agreement, this License Agreement terminates immediately without notice. However, if you paid RapTToR or its authorized distribution channel to acquire the Application, and we terminate this Agreement within one year after you made your payment for reasons other than your breach of this Agreement or the RapTToR Collective Terms, we will refund a prorated portion of the purchase price corresponding to the portion of such one year period for which our action caused you not to be able to use the Application. This applies only to money you spent purchasing the Application itself. This does not apply to any purchases made within or for use within the Application (“In-App Purchases”). In-App Purchase are not refundable under any circumstances.
Upon termination for any reason, the license granted in Section 6 will immediately terminate. The provisions in Sections 1, 2, 3, 5, 7, 8, 9, 11, 12, 13, 14 and 15 will survive any termination.
You will not ship, transfer, or export the Application into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). You represent and warrant that you are not a citizen of, and are not located within, 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 that you are not otherwise prohibited under the Export Laws from receiving the Application.
If you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple (as well as other provisions of this LIcense Agreement that apply specifically to the Application installed on Apple-branded products (specifically, the introduction and Sections 6, 11 and 16).
We are solely responsible for providing any maintenance and support services with respect to the Application, as specified in this License Agreement, or as required under applicable law. You and RapTToR acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (NOTE: this does not automatically apply to in-app purchases); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
You and RapTToR acknowledge that RapTToR, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. You and RapTToR acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
This License Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of California, excepting California’s conflict of law rules. This License Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (UNCISG), if applicable. With respect to any disputes or claims that are found to not be subject to arbitration, you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. All arbitration will take place in the County of San Francisco, California. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this License Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
You agree to contact RapTToR with any dispute or claim against RapTToR arising out of or relating to the Application and/or the RapTToR Collective Terms (including this License Agreement) using the contact information below. If we cannot resolve the dispute or claim together, then you and RapTToR agree to resolve the dispute or claim through individual binding arbitration. Class arbitrations and class actions are not permitted, and your dispute or claim may not be consolidated with any other person’s dispute or claim. You and RapTToR agree that the U.S. Federal Arbitration Act, as amended, governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 14 shall survive termination of the RapTToR Collective Terms.
Prior to initiating arbitration, you must first send a written notice by certified mail to RapTToR products at: Storrady Świętosławy 1A/501, 71-602 Szczecin, Poland, ATTN: Legal Department or RapTToR Global Limited at Lordou Vyronos, 61, Lumiel Building, 4th floor, 6023 Larnaca, Cyprus, ATTN: Legal Department, depending on the distributor of your Application. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your RapTToR account, (b) a detailed description of your claim or dispute with RapTToR, (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolve with RapTToR within thirty days of RapTToR’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in this License Agreement.
Any controversy or claim arising out of or relating to the Application or to this License Agreement or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The American Arbitration Association can be contacted at www.adr.org. The location of all arbitration will be the County of San Francisco, California.
This License Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the Privacy Policy and the Terms of Use. If the parties agree on other terms (e.g., sweepstakes or promotional terms) then those terms also coexist with the RapTToR Collective Terms unless expressly stated otherwise in the other terms.
To the extent that the provisions of this Agreement conflict with the Terms of Use, this License Agreement will govern. We may be required by law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our website (www.rapttor.com ) or delivering them to you via email, if you have provided us with your email address and consented to our use of it for such purpose. If you do not provide us with accurate information or we do not have access to your email address and your customer ID and sufficient consent, if required, we will not be responsible for failure to notify you.
If any part of this License Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the License Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this License Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this License Agreement is English. This License Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that any distribution channel and its subsidiaries are intended third party beneficiaries of this License Agreement and will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you.
Contacting RapTToR.
RapTToR
ADDRESS: Mose Pijade 2, 31300 Prijepolje, Serbia, Europe
You hereby acknowledge that you have read and understood this License Agreement and agree that by clicking “I Accept” on screen, by clicking “Get” or any other button as part of a distribution channel in order to download the Application, or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this License Agreement.
[If you want to submit a request pursuant to GDPR, click Contact Us]
The General Data Protection Regulation (GDPR) is a data protection and privacy regulation within the European Union and the European Economic Area (EEA).
The goal of GDPR is to give individuals in the European Union control over their personal data and to unify data privacy and protections laws within the European Countries.
In the context of GDPR, ‘Personal Data’ refers to any information relating to an identified or identifiable natural person (‘data subject’).
The personal data RapTToR collects can be divided into three categories:
This is probably the first question on your mind. First of all, we require this data to make our products work (from creating accounts to enabling you to connect to our products, including verifying your payments).
Further, in an effort to continually make our products better, we are also using your data to develop and improve customer experience, respond to your questions and provide support, manage our relationship with you, and enable you to communicate with other customers. We may also use personal data to show you personalized advertisements tailored to your preferences
Last, but certainly not least, personal data is used to keep our services safe and fair by analyzing and monitoring the use of our products and social features. It enables us to take action against specific customers involved in inappropriate behavior from in-product toxicity to cheating and fraud.
In all of the above cases we may analyze, profile and segment all collected data as needed.
For sure this is first question you wish to ask us.First of all this is necessary to make the product work (create accounts and allow you to use our products, including verifying your payments).
All the time we want to make our products more suitable for our customers. We are using also your datato develop and improve our products and customer experience, respond to your questions and provide customer support, manage our relationship with you, enable you communication with other customers.
We mayshow you personalized advertisements adjusted to your preferences or needs and to keep our services safe and fair by analyze and monitor your use of our products, social feature, automatical chats moderation, taking actions against fraudulent or misbehaving customers. In all of the above cases we may analyze, profile and segment all collected data.
Using all appropriate technical, organizational and logistic measures to keep your data secure
Notifying authorities of personal data breaches, if necessary
Obtaining appropriate consent for data processing, if required
Keeping records detailing data processing
Providing privacy training for all our personnel
Auditing and updating our data policies
Employing a Data Protection Officer
What are your rights under GDPR?
Your rights as a data subject under GDPR include the following:
Reviewing your personal data
Upon your request, we will provide you with a copy of all your personal data stored in our systems in an easy-to-access electronic format.
You may request, under certain conditions, to have your personal data erased at any time. Please be advised that by erasing your personal data, all product progress will be also be deleted and you will no longer be able to log in and use. This process cannot be undone, deleted accounts cannot be recovered. Please do not remove our product before submitting a deletion request, as we may not be able to verify your identity in that case.
Anonymized copies of some data (e.g. product logs) may remain in our database for some time. Please consult our Privacy Policy for more details (see below).
You may opt-in or opt-out of receiving additional communications, such as marketing emails or newsletters, from us by using the options provided in the product under Settings -> Edit Profile > Edit.
Other types of requests
Correcting your personal data
Transferring your personal data
Objecting to certain processing activities
Restricting data processing under certain circumstances
Opting-in or opting-out of personalized advertising
You can submit any of these request to our Support team through the in-product Help option, found in Settings (FAQ). Our Support team is also happy to answer any further questions you may have.