Privacy Policy

ANANSE PRODUCTIONS’ TERMS OF USE AGREEMENT

 

Welcome to AnanseProductions.com, the online hub of Ananse Productions, LLC (“We” or “Us”), creators of innovative mobile games such as Stem Stumper and Letter Clever (each and “App”). By accessing or using our games, content, activities and services (collectively, the “Services”) made available via our web site, vendors (such as iTunes) or social networking websites (“Social Networks”)  (collectively the “Site”), You (“User” or “You”) are representing that You have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms” or “Agreement”) and to our Privacy Policy, which is herein incorporated by reference into this Agreement. These Terms may change at any time, and it is Your responsibility to read them carefully and often. If at any time You do not agree to any of the Terms, You may not use or access the Site or Services any longer.

 

Your Limited License to Use Our Services

Provided You comply with the Terms, We grant You a limited license to use the Services for Your personal, non-commercial entertainment and informational purposes only, by accessing it a portal provided by Ananse or its approved service providers and partners. This is a limited license – You agree that You will not:

 

1)     Cheat or use, develop or distribute any software programs or applications designed to modify the Apps in any way that is not approved by Us and/or by law;

2)     Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience;

3)     Upload files that contain viruses, worms, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other Users’ computers or operation of the Apps;

4)    Promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or hacks for the Services; or

5)     Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.

 

Rules (Pst – Just be nice!)

Your use of the Services is governed by certain rules (the “Rules”) and Your continued use of the Services is contingent upon Your following these rules at all times while accessing the Services. By accessing and using the Services, You agree that You will not:

 

1)     Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexual in nature or obscene, defamatory, libelous, infringing on another’s rights (including intellectual property rights), unwanted, or invasive of another’s right of privacy, hateful, racist, or otherwise offensive (such being decided in Our sole discretion);

2)     Make any threatening remarks, including (but not limited to) threats against another individual or his/her family, or remarks that, in our sole discretion, are outside the scope or context of the App;

3)     Restrict or inhibit any other user from using and enjoying the Services (including but not limited to spamming);

4)    Violate these Terms, our Privacy Policy or any other applicable agreement or terms governing the access or use of the Services (including those of iTunes and Social Networks – please see our Privacy Policy for more information);

5)     Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose;

6)    Collect (automated or otherwise) personal information about others, or impersonate or create a false identity for such a purpose;

7)     Use the Services in any manner other than for personal communication as an individual user; or

8)    Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.

 

These rules are illustrative, not exhaustive, and we reserve the right to determine in our sole and absolute discretion what conduct we consider to be in violation of the and to take such action as we see fit – up to and including termination of Your account or excluding You from using the Services.

 

Account Info and Security

Children are not permitted to use this Site or Services — YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES.

 

We have several ways to create and “account” with our Site and App(s), including logging in via a Social Network, or creating a native User Account on our Site. If You create a User Account with the Site, You may be required complete the registration process by providing current, complete and accurate information (including Your email address) as prompted by the applicable registration form. Please note that any information, including Personally Identifying Information (“PII”) You’ve made available via a Social Network may be available to us and/or viewable to other Users. Please see our Privacy Policy for more information on this. If You create a username and password, You may not use a username that is used by someone else, is offensive (as solely determined by us), infringes on any rights of others, or is used in any way that violates these Terms.

 

You are responsible for maintaining the confidentiality of all of Your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under Your account. You must notify us immediately of any unauthorized use of Your account or any breach of security. We will not be liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by Us or another party due to someone else using Your account. You may not use anyone else’s account at any time. Your account is personal to You and You may not transfer or make available Your account to others. Any distribution by You of Your account or related information may result in cancellation of Your account without refund.

 

Billing and Payment

We do not collect or store payment or billing information about our Users – that is done by an approved services provider. Please see our Privacy Policy for more information on this topic, including Apple and iTunes’ policies (each a “Service Provider”). By providing payment information to a Service Provider, You represent and warrant that the information is accurate and that You are the authorized user of the payment method that is used to pay such charges. You must notify Service Provider(s) of any changes to Your payment information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by You or anyone that uses Your account, including Your family or friends.

 

We may provide links to other web sites. Some of these web sites may charge fees, which are not included in any fees You may pay to a Service Product. Any separate charges or obligations that You incur in Your dealings with third parties are Your sole responsibility.

 

WE DO NOT HAVE CONTROL OVER OR RESPONSIBILITY FOR THIRD PARTY FEES OR SERVICES, INCLUDING SERVICE PROVIDERS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICE PROVIDERS. PLEASE SEE OUR LIMITATION ON WARRANTIES AND LIABILITY, BELOW. IF YOU HAVE A DISPUTE WITH A BILLING OR PAYMENT ISSUE, YOU MUST SEEK OUT THE SERVICE PROVIDER THAT HAS YOUR INFORMATION. WE DO NOT STORE USER BILLING OR PAYMENT INFORMATION.

 

Third Party Sites and Links

We may provide links on the Services to third party websites or vendors. These linked sites are not under Our control and may collect data or solicit personal information from You. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

Content Rights

“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Us or by Users (including You). You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items (“Virtual Items”) acquired and developed as a result of game play, are Our sole and exclusive property and we (and/or Our affiliates, publishing partners, distributors, licensors and licensees) Content for any purpose, including for commercial or promotional use. Your “purchase” of the Virtual Item is the purchase of a limited, non-assignable license to use software that manifests itself in a game as the Virtual Item. Virtual Items have no real-world value and are not redeemable or subject to refund.

 

You may only transmit Content on or through that Services that does not infringe the intellectual property rights of any third party, and You represent and warrant that any Content You do transmit will not infringe the intellectual property rights of any third party.

You agree to and hereby do assign solely and exclusively to Us all of Your right, title and interest in and to such Content, without additional consideration, under applicable 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 reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, 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 Content.

 

We may monitor Content on the Services, but cannot monitor or prescreen all of the Content on the Services. We do not assume any responsibility or liability for Content that is generated by users of the Services. We have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms, in our sole discretion. If You encounter something You find objectionable and in violation of these Terms, please let us know. You acknowledge and agree that We may use built-in tracking features to obtain information regarding Your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.

 

DMCA and Infringement

We take the intellectual property ownership very seriously. The Digital Millennium Copyright Act (“DMCA”) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If You believe that Your copyrighted work has been copied without Your authorization and is available on the Site or Services in a way that may constitute copyright infringement, You can provide notice of Your claim to Our Designated Agent listed below. For Your notice to be effective, it must include the following information:

 

1)     A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;

2)     A description of the copyrighted work that You claim has been infringed upon

3)     A description of where the material that You claim is infringing is located (URL or reasonable explanation within the App so that we can pinpoint such Content);

4)    Information reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;

5)     The following statements:

  1. I (or my agent acting on my behalf) have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  2. The information in the notification is accurate and, under penalty of perjury, I am authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our Designated Agent:

Ananse Productions

Attn: Copyright Agent

P.O. Box 390525

Cambridge, MA 02139

USA

 

Termination

We reserve the right to terminate or suspend Your account or Your access to any or all of the Services at any time, for any reason and we have the right to terminate Your account for what is, in our sole discretion, to be a breach of these Terms of Service. In the event Your account or access to the Services is terminated, suspended or canceled, whether by You Us, You will not be entitled to any refund nor will any credits or in-game items, and You will have no further access to Your account or anything associated with it.

 

 

Services Come “As-Is”

The Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at Your own risk.

 

LIMITATION OF LIABILITY

WE AND OUR LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANANSE OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Indemnification

You agree to defend, indemnify, and hold Us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Us arising out of or from Your access and use of the Services, Your violation of these Terms or any Content posted, transmitted or provided by You or on Your behalf.

 

Changes to the Terms

We reserve the right to modify the Terms at any time. If we do this, we will post the changes on this page. We will attempt to give You advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes Your acceptance of the new Terms.

 

General Terms (Stuff Our Lawyers Made Us Include…)

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You acknowledge that the certain rights granted and obligations made hereunder to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone so that We shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by You. Specifically this includes the rights and obligations about your Limited License, the Rule, Account Information and Security, Billing, Content Rights and Termination. These are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Middlesex County, Massachusetts and You consent to the jurisdiction of and venue in such courts. We operate and control our Services from offices in the United States. We make no representation that the Site or Services is appropriate or available in other locations. The information provided herein 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 Us to any registration requirement within such jurisdiction or country. These Terms are the entire and exclusive agreement between Us and You regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

 

For any further questions, concerns or comments, please email us at: support@ananseproductions.com. Now go play!