Welcome to the magicboxasia.com website (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a magicboxasia.com account ("Account") so that you are aware of your legal rights and obligations with respect to Magic Box Asia Co., Ltd. and its affiliates and subsidiaries (individually and collectively, "we," "us," or "Magicbox").
The "Service" includes (a) the Site, (b) the services provided by the Site and by the Magicbox games and platform software made available through the Site, Apple App Store, and Google Play Store, and (c) all information, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site or services ("Content"). Any new features added to or augmenting the Service are also subject to these Terms of Service.
BY USING THE SERVICE OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE.
Magicbox has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of the Service, this Site, or your Account, shall be deemed irrevocable acceptance of those revisions.
Magicbox reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. Magicbox may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability.
Magicbox reserves the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
Magicbox grants you a limited license to access and use the Service subject to the terms and conditions of this Terms of Service for personal use only. This license does not allow you to make any commercial use or any derivative use of the Service (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Magicbox.
You acknowledge that Magicbox may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
ACCOUNTS AND SECURITY
Some functions of our Service require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Magicbox, in its sole discretion, finds offensive or inappropriate, Magicbox has the right to suspend or terminate your Account.
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify Magicbox of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Magicbox will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
You agree that Magicbox may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Site any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Service, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Magicbox. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Magicbox, or a claim which in any way involves Magicbox, then Magicbox may terminate your Account.
If your Account is or remains inactive (which means you have not logged into your Account) for more than 6 months, Magicbox has the right to delete or deactivate your Account and all MB Coins in your Account shall be forfeited.
Your MB Coins will be valid for a period of 1 year from the date of the last top up. As an illustration, if you top up 10 MB Coins on 14th October 2010, your MB Coins will be valid until 13th October 2011 (if there is no top up activity during that period) and these 10 MB Coins (or the balance of these MB Coins) will expire on 14th October 2011. However, if you top up another 10 MB Coins on 13th October 2011, all 20 MB Coins will be valid until 13th October 2012.
You may only use the Service and/or open an Account if your applicable jurisdiction allows you to accept this Terms of Service.
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MAGICBOX OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, MAGICBOX DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MAGICBOX BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF RAPTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
LINKS TO THIRD PARTY SITES
The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Magicbox in any manner whatsoever. Therefore, Magicbox is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Magicbox is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Magicbox of any linked site and/or any of its content therein.
TERM OF USE
The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Magicbox to effect such termination.
You agree not to :
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; use the Site to harm minors in any way; use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; remove any proprietary notices from this Site; cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express permission of Magicbox; use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; use the Site for fraudulent purposes; attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Magicbox with respect to the Site and/or data transmitted, processed or stored by Magicbox; harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; use the Site to intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law; use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; use the Site to "stalk" or otherwise harass another; and/or use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above. You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Magicbox, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Magicbox does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Magicbox be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that Magicbox may or may not pre-screen Content, but that Magicbox and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Magicbox and its designees shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Magicbox or submitted to Magicbox, including without limitation information in Magicbox Forums and in all other parts of the Site.
You acknowledge, consent and agree that Magicbox may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Magicbox, its users and the public.
YOUR CONTRIBUTIONS TO THE SERVICE
By submitting Content for inclusion on the Service, you represent and warrant that you have all necessary permissions to grant the licenses below to Magicbox. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Magicbox and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Magicbox removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
THIRD PARTY CONTRIBUTIONS TO THE SERVICE
Each contributor to the Service of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Magicbox is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Magicbox responsible for any user's actions or inactions, including things they post or otherwise make available via the Service.
In addition, the Service may contain links to third party text and video feeds (and podcasts) (collectively, "third party feeds"), websites and offers, links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and software applications. These third party links, third party feeds, websites and software applications are not owned or controlled by Magicbox. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Magicbox has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that Magicbox shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that Magicbox may disable your use of, or remove, any third party links, third party feeds, or applications on the Service to the extent they violate these Terms of Service.
VIOLATION OF OUR TERMS OF SERVICE
If you believe a user on our Site is violating this Terms of Service, please contact firstname.lastname@example.org.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Magicbox to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Magicbox Copyright Agent can be reached by email : email@example.com.
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that :
you possess the legal right and ability to enter into this Terms of Service and to comply with its terms; you will use this Service for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and you will only use this Service on a computer on which such use is authorized by the computer's owner.
You agree to indemnify, defend and hold harmless Magicbox, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Magicbox reserves all rights not expressly granted herein. Magicbox may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Magicbox. The failure of Magicbox at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of Thailand without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Magicbox or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of the Supreme Court of Thailand and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at : firstname.lastname@example.org.
Please familiarize yourself with our privacy practices and let us know if you have any questions.
We Collect Personal Information and Non-Identifying Information
Both Personal Information or Non-Identifying Information may be used alone or in the aggregate with information collected from other Magicbox Users. Our primary objective in collecting any Personal Information or Non-Identifying Information is to provide you with a superior and personally relevant user experience.
How we use your Personal Information
Your Personal Information may be used, for instance :
· To help us to develop, deliver, and improve our Services and advertising;
· To recommend products of interest directly to you;
· For market research purposes that support our efforts to deliver a more valuable service to our community of Magicbox Users;
· For example, we may use your Personal Information to contact you with announcements, newsletters and promotional materials related to our Services or to offer you opportunities to participate in surveys, contests or sweepstakes (any of these a "Promotion") via our Services.
· If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. (See "Changing or Removing Information" below for further information.)
· To allow us to keep you posted regarding our latest Service announcements, software updates, and upcoming events;
· To audit and analyze data to improve our Services and customer communications.
When We Collect Information
One of the instances when we collect your Personal Information is in connection with your registration on our Services.
If you are an Magicbox User, you can register either via an Magicbox Application or via a third-party application utilizing our Services ("Third Party Mobile Application") that was designed for mobile telephones or other mobile devices by a third-party publisher ("Third Party Publisher").
In connection with registration of Magicbox Users on our Services, we collect Personal Information which may include your email address, as well as information on mobile device type, mobile carrier, unique mobile device identifier ("Device ID"), Internet Protocol ("IP") address and geo location, as applicable. We use your Device ID to make it possible to authenticate and understand your use of our Services, or the Third Party Mobile Application that you may choose to access through our Services.
Related to this information collection, our Services may serve ads that contain links to other Third-Party Mobile Applications, and we may utilize your Device ID to track clicks or other ad fulfillment metrics. Our use of your Device ID does not enable us to identify you personally, and we do not store this information in connection with your Magicbox User account information.
Other instances when Personal Information may be collected via our Services include the following :
If you choose to link your Magicbox account to an SNS, Personal Information that you independently submit to an SNS (e.g., Facebook) may be collected and used by us in order to provide you with enhanced functionality. In these instances, you consent to Magicbox’s access and use of your username, alias and any other Personal Information you have independently provided to and made accessible through the SNS. Such access will be in accordance with the privacy settings you have set in your SNS account, if any. Similarly, we may use Personal Information that you have provided to us to help you establish social connections with other Magicbox Users.
If you choose to participate in a Promotion, We may request that you provide us with Personal Information such as your email address or mailing address in order to administer your participation in the Promotion.
In connection with use of our Services or Third-Party Mobile Applications, in addition to information on device type, mobile carrier, IP address, platform version, and geo-location, as applicable, we may also collect navigation, interaction and engagement information regarding Magicbox Users.
Cookies & Other Technologies
You have the option to disable cookies by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the pages you visit. If you do not accept cookies, however, you may not be able to view or use all portions of our Services due to limited functionality.
Some of our Services, including email messaging, use "click-through URLs" linked to other content on our Services. We track this click-through data to help us determine interest in topics, Services usability and other measures of Magicbox User engagement.
We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Services and to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the Sites, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.
When you use our Services or Third-Party Mobile Applications, our servers automatically record information that your browser or the applicable Service or Third-Party Mobile Application sends ("Log Data"). This Log Data may include information such as your computer’s or mobile device’s IP address, browser type, language, Internet Service Provider (ISP), referring and exit pages, time spent, information searched for, time and date stamp, clickstream data and other statistics. We use this information to monitor, analyze and understand trends, for technical administration of Services and Third-Party Mobile Applications, and to gather demographic information about our Magicbox User base as a whole. We, and Third Party Publishers may use this information for product and services improvements, and in marketing and advertising services.
When We Disclose Your Information Within Magicbox Services
As a user with an account, you may create your own profile, connect with other Magicbox Users of Services, send messages and transmit information through various channels. Please remember that any communications you have via our Services, depending on, for example, the functionality of any Magicbox Application or Third-Party Mobile Application connected to our Services, may reveal your screen name and the content of your communications, making this information publicly available to other Magicbox Users. Magicbox is not responsible for the activities of other Magicbox Users or other third parties with whom you choose to provide your Personal Information or otherwise interact.
With Third Parties for Industry Analysis
In addition to sharing aggregated Non-Identifying Information with Third Party Publishers, we may also share aggregated Non-Identifying Information with advertisers and ad networks ("Advertising Entities") with whom we have strategic relationships. Unless you specifically opt in to share your Personal Information, the information that we share with these third parties will only be used in the form of Non-Identifying Information to support user trend analyses and demographic profiling. Some Third Party Publishers and Advertising Entities also act as Service Providers (defined below) to us, so in those cases we will share your information as described below.
With Preferred Partners
We may share your username, email address and Device ID (collectively, "Specific Shared Data") with certain of our Third Party Publishers and other business partners ("Preferred Partners") for those parties to assist us with providing you with the aspect of the Services for which you provided such Specific Shared Data to us, and to use such Specific Shared Data to provide you with information and marketing materials about Third Party Mobile Applications and other products and services in order, for example, to further enhance your use of our Services and to augment your gaming and social networking experience generally. In addition, in the event of a user inquiry concerning Third Party Publishers or Third Party Applications, we may send Specific Shared Data as well as the inquiry to a Preferred Partner to address the inquiry.
We only share such information with Preferred Partners pursuant to an agreement by which the Preferred Partner is under obligations not to disclose or use it for any other purpose. You may contact us by any of the means provided in the "Contacting Us" section below to request not to have such information provided to Preferred Partners, understanding, however, that if such information is not shared with Preferred Partners it may affect your ability to use or access portions of the Services.
Some Preferred Partners also act as Service Providers (defined below) to us, and in those cases we may also share Personal Information and Non-Identifying Information as described below.
With Third Party Social Networking Services (SNSs)
As a user with an account, you may link your Magicbox account information with certain SNSs where other Magicbox Users have existing SNS accounts. In these instances, with your permission and on your behalf, we will share your email address and screen name or alias with the applicable SNS. Through use of such services’ application programming interfaces (APIs) we can receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any.
Other than what we may share with the SNS in connection with your linking of accounts, the personal information an SNS has about you is obtained by the SNS independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use.
With our Service Providers
Disclosure of your Personal Information and Non-Identifying Information may also occur where we engage or employ service providers, vendors or other third party entities to facilitate provision of our Services (each a "Service Provider") (e.g., without limitation, improvement of our Services’ features, user account authentication, promotion and marketing, administration, analytics, virtual currency transactions, crowd-sourcing, cloud storage and other related services), to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. Our Service Providers may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Under Special Circumstances
At times, we may disclose information about you to law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Magicbox or a third party, to protect the safety of the public or any person or to prevent or stop activity we may consider to be or to pose a risk of being, any illegal, unethical or legally actionable activity.
Under another special set of circumstances, for example, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy, we may sell, transfer or otherwise share some or all of Magicbox assets, including your Personal Information.
Our Policy Toward Children
Our Services are not intended for children under the age of 14 ("children") and we do not knowingly collect any Personal Information from children. If we discover that we have inadvertently collected Personal Information from children, we will take all reasonable measures to erase such information from our systems and records as soon as possible.
Use as a Non-Registered User
In certain Magicbox Applications, an Magicbox User may participate as a non-registered Magicbox User through optional registration. This allows an Magicbox User to play the game in a limited capacity. Magicbox does not collect any Personal Information or Non-Identifying information, other than Device ID, for non-registered users. Magicbox cannot and does not ensure the preservation of game data that is associated with any non-registered account.
For location-based Services, we may collect, use, and share precise location data, including the real-time geographic location of your computer or mobile device. Unless you explicitly opt-in to permit the use and sharing of your Personal Information regarding your geographic location, your location data will only be collected and used anonymously in a form that does not personally identify you. When you opt in to Third Party Mobile Application providers’ location services, we will share your geographic location with such Third Party Mobile Application providers in connection with their location services. Please note that some location-based services may require your Personal Information for the feature to work as intended.
If you choose to use our referral services to tell a friend about our Services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to use an aspect of our Services.
After an Magicbox User logs into his or her account, the Magicbox User can access the find our find-a-friend feature. We present Magicbox Users with options to search for a friend or group of friends. Options include, but are not limited to, searching one of our Networks, scanning the Magicbox User’s mobile device, and scanning the Magicbox User’s Facebook, Google or Yahoo! contacts. The Magicbox User may either add an existing Magicbox User, or invite a friend to join the Service through the third-party service. To facilitate, Magicbox will provide interfaces to authenticate to such third-party service. We do not store the Magicbox User’s login credentials. The Magicbox User who uses this feature is bound by the terms of the third-party service.
Emailing Via a Magicbox Application
Magicbox Users may send pre-formatted messages through use of their personal email account connected to their mobile device to, for example, challenge their friends to beat their high score in an Magicbox Application where this functionality is available. Magicbox may store the email address of the friend that you choose to email via our Services, but would only do so for social purposes such as generating friend recommendations (e.g., in connection with "people you may know" functionality). The message you initiate will be sent through your personal email account to the email addresses you choose.
How We Protect Your Personal Information
Magicbox takes your privacy very seriously and employs administrative, physical and electronic measures to safeguard your information from identity theft and unauthorized access. We do not and will not, at any time, request your credit card information, your account ID, login password or national identification numbers in a non-secure or unsolicited communication (e.g. via e-mail, telephone, mobile device).
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Sites in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Changing or Removing Information
As a user of an account, you may update or delete the Personal Information in your profile by logging into your account. You may also email us at email@example.com to request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Specific Shared Data cannot be retrieved from Preferred Partners after its disclosure.
Where you share information with other users through the communication channels of our Services, you generally should not expect to have any ability to modify or remove such communications. Nor should you expect us to modify or delete your comments upon your request.
If you participate in a Promotion hosted by us (where you may or may not disclose the information requested), you have the option to opt out at any time from such participation and the receipt of any related communications. Please follow the unsubscribe instructions provided in the relevant communications.
If your friend received an invitation from Magicbox per your referral to try the Services, your friend may request that the name and email address used in the invitation be removed from Magicbox’s records. We store this information for the sole purposes of measuring the effectiveness of our referral program and sending the email you initiated, but your friend can request to have it removed from our database by emailing us at firstname.lastname@example.org.
Links to Other Websites and Services
Our Services may contain links to other websites and online services or offers from third parties. For example, our Services may include offers from third party advertisers or the ability to engage in transactions with such entities. If an Magicbox User with an account chooses to participate in offer-linked information requests or "clicks on" an advertisement or another third party link, such Magicbox User may be directed to that third party’s website or service and/or be prompted to provide Personal Information in connection with such activity.
The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of such third party’s privacy or information security policies or practices or their compliance with laws. We do not exercise control over third party websites or services. These other websites or services may place their own cookies or other files on your computer or mobile devices, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use and the terms of the offers in which you participate. You agree that Magicbox is not responsible for, nor will it be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information you voluntarily choose to provide to them.