Date of Last Revision: September 3, 2018.
TERMS AND CONDITIONS
1. Your Acceptance
1.2 Although we may attempt to notify you when major changes are made to these Terms of Service, Famousplay may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2.1 These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Famousplay, including but not limited to all products, software and services offered via the Famousplay website, such as the Famousplay “Embeddable Player,” the Famousplay “Uploader” and other applications.
2.2 The Service may contain links to third party websites that are not owned or controlled by Famousplay. Famousplay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Famousplay will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Famousplay from any and all liability arising from your use of any third-party website.
3.1 Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Famousplay to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
4. Famousplay Accounts
4.1 In order to access some features of the Service, you will have to create a Famousplay account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Famousplay immediately of any breach of security or unauthorized use of your account.
4.2 Although Famousplay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Famousplay or others due to such unauthorized use.
5. General Use of the Service—Permissions and Restrictions
5.1 Famousplay hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
5.2 You agree not to distribute in any medium any part of the Service or the Content without Famousplay’s prior written authorization, unless Famousplay makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
5.3 You agree not to alter or modify any part of the Service.
5.4 You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Famousplay may designate.
5.5 You agree not to use the Service for any of the following commercial uses unless you obtain Famousplay’s prior written approval:
5.6 the sale of access to the Service;
5.7 the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
5.8 the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Famousplay appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
5.9 uploading an original video to Famousplay to promote your business or artistic enterprise;
showing Famousplay videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above; or any use that Famousplay expressly authorizes in writing.
5.10 If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Famousplay website.
5.11 If you use the Famousplay Uploader, you agree that it may automatically download and install updates from time to time from Famousplay. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Famousplay to deliver these to you) as part of your use of the Uploader.
5.12 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Famousplay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Famousplay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Famousplay reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
5.13 In your use of the Service, you will comply with all applicable laws.
5.14 Famousplay reserves the right to discontinue any aspect of the Service at any time.
6. Sharing Your Content and Information
6.1 You own all of the content and information you post on Famousplay, and you can control how it is shared through your privacy and application settings. In addition:
6.2 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to yourprivacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Famousplay (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
6.3 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
6.4 When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)
6.5 When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Famousplay, to access and use that information, and to associate it with you (i.e., your name and profile picture).
6.6 We always appreciate your feedback or other suggestions about Famousplay, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
6.7 Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Famousplay on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Famousplay or the respective licensors of the Content. Famousplay and its licensors reserve all rights not expressly granted in and to the Service and the Content.
6.8 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6.9 You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Famousplay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Famousplay with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Famousplay, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6.10 As a Famousplay account holder you may submit Content to the Service, including videos and user comments. You understand that Famousplay does not guarantee any confidentiality with respect to any Content you submit.
6.11 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Famousplay all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
6.12 For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Famousplay, you hereby grant Famousplay a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Famousplay’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Famousplay may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
6.13 You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Famousplay all of the license rights granted herein.
6.14 You further agree that you will not submit to the Service any Content or other material that is contrary to the Famousplay Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
6.15 Famousplay does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Famousplay expressly disclaims any and all liability in connection with Content. Famousplay does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Famousplay will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Famousplay reserves the right to remove Content without prior notice.
7.1 We do our best to keep Famousplay safe, but we cannot guarantee it. We need your help to keep Famousplay safe, which includes the following commitments by you:
7.2 You will not post unauthorized commercial communications (such as spam) on Famousplay.
7.3 You will not collect users’ content or information, or otherwise access Famousplay, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
7.4 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Famousplay.
7.5 You will not upload viruses or other malicious code.
7.6 You will not solicit login information or access an account belonging to someone else.
7.7 You will not bully, intimidate, or harass any user.
7.8 You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
7.9 You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
7.10 You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Famousplay.
7.11 You will not use Famousplay to do anything unlawful, misleading, malicious, or discriminatory.
7.12 You will not do anything that could disable, overburden, or impair the proper working or appearance of Famousplay, such as a denial of service attack or interference with page rendering or other Famousplay functionality.
7.13 You will not facilitate or encourage any violations of this Statement or our policies.
8. Registration and Account Security
8.1 Famousplay users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
8.2 You will not provide any false personal information on Famousplay, or create an account for anyone other than yourself without permission.
8.3 You will not create more than one personal account.
8.4 If we disable your account, you will not create another one without our permission.
8.5 You will not use your personal timeline primarily for your own commercial gain, and will use a Famousplay Page for such purposes.
8.6 You will not use Famousplay if you are under 13.
8.7 You will not use Famousplay if you are a convicted sex offender.
8.8 You will keep your contact information accurate and up-to-date.
8.9 You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
8.10 You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
8.11 If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
9. Protecting Other People’s Rights
9.1 We respect other people’s rights, and expect you to do the same.
9.2 You will not post content or take any action on Famousplay that infringes or violates someone else’s rights or otherwise violates the law.
9.3 We can remove any content or information you post on Famousplay if we believe that it violates this Statement or our policies.
9.4 We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
9.5 If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
9.6 If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
9.7 You will not use our copyrights or trademarks (including Famousplay, the Famousplay and FP Logos, FP, Five individuals representing various nationalities), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
9.9 You will not post anyone’s identification documents or sensitive financial information on Famousplay.
9.10 You will not tag users or send email invitations to non-users without their consent. Famousplay offers social reporting tools to enable users to provide feedback about tagging.
10. Mobile and Other Device
10.1 We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
10.2 In the event you change or deactivate your mobile telephone number, you will update your account information on Famousplay within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
10.3 You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Famousplay.
11. Special Provisions Applicable to Social Plugins
11.1 I f you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
i. We give you permission to use Famousplay’s Social Plugins so that users can post links or content from your website on Famousplay.
ii. You give us permission to use and allow others to use such links and content on Famousplay.
iii. You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Famousplay.
12. Special Provisions Applicable to Developers/Operators of Applications and Websites
12.1 If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
12.2 You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Famousplay Platform Policies and our Advertising Guidelines.
12.3 Your access to and use of data you receive from Famousplay, will be limited as follows:
12.4 You will only request data you need to operate your application.
12.7 You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
12.8 You will not include data you receive from us concerning a user in any advertising creative.
12.9 You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
12.10 You will not sell user data. If you are acquired by or merge with a third party, you
can continue to use user data within your application, but you cannot transfer user
data outside of your application.
12.11 We can require you to delete user data if you use it in a way that we determine is
inconsistent with users’ expectations.
12.12 We can limit your access to data.
12.13 You will comply with all other restrictions contained in our Famousplay Platform
12.14 You will not give us information that you independently collect from a user or a user’s
content without that user’s consent.
12.15 You will make it easy for users to remove or disconnect from your application.
12.16 You will make it easy for users to contact you. We can also share your email address with
users and others claiming that you have infringed or otherwise violated their rights.
12.17 You will provide customer support for your application.
12.18 You will not show third party ads or web search boxes on www.Famousplay.com.
12.19 We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
12.20 You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
12.21 You will not misrepresent your relationship with Famousplay to others.
12.22 You may use the logos we make available to developers or issue a press release or other
public statement so long as you follow our Famousplay Platform Policies.
12.23 We can issue a press release describing our relationship with you.
12.24 You will comply with all applicable laws. In particular you will (if applicable):
i. Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
ii. Comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Famousplay. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
12.25 We do not guarantee that Platform will always be free.
12.26 You give us all rights necessary to enable your application to work with Famousplay,
including the right to incorporate content and information you provide to us into streams,
timelines, and user action stories.
12.27 You give us the right to link to or frame your application, and place content, including ads,
around your application.
12.28 We can analyze your application, content, and data for any purpose, including commercial
(such as for targeting the delivery of advertisements and indexing content for search).
12.29 To ensure your application is safe for users, we can audit it.
12.30 We can create applications that offer similar features and services to, or otherwise compete
with, your application.
13. About Advertisements and Other Commercial Content Served or Enhanced by Famousplay
13.1 Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
13.2 You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
13.3 We do not give your content or information to advertisers without your consent.
13.4 You understand that we may not always identify paid services and communications as such.
14. Special Provisions Applicable to Advertisers
14.1 You can target your desired audience by buying ads on Famousplay or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
14.2 When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
14.3 In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
14.4 You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
14.5 Your ads will comply with our Advertising Guidelines.
14.6 We will determine the size, placement, and positioning of your ads.
14.7 We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
14.8 We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
14.9 You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
14.10 Our license to run your ad will end when we have completed your Order. You understand,
however, that if users have interacted with your ad, your ad may remain until the users
14.11 We can use your ads and related content and information for marketing or promotional
14.12 You will not issue any press release or make public statements about your relationship with
Famousplay without our prior written permission.
14.13 We may reject or remove any ad for any reason.
14.14 If you are placing ads on someone else’s behalf, you must have permission to place those
ads, including the following:
14.15 You warrant that you have the legal authority to bind the advertiser to this
14.16 You agree that if the advertiser you represent violates this Statement, we may hold
you responsible for that violation.
15. Special Provisions Applicable to Pages
15.1 If you create or administer a Page on Famousplay, or run a promotion or an offer from your Page, you agree to our Pages Terms.
16. Special Provisions Applicable to Software
16.1 If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
16.2 You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
17.1 Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the Famousplay Site Governance Page) and an opportunity to comment on changes to this Statement. You can also visit our Famousplay Site Governance Page and “like” the Page to get updates about changes to this Statement.
17.2 If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
17.3 Your continued use of Famousplay following changes to our terms constitutes your acceptance of our amended terms.
18.1 If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Famousplay to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
18.2 Famousplay will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
18.3 Famousplay reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Famousplay may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
19. Digital Millennium Copyright Act
19.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
19.2 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
19.3 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
19.4 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
19.5 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
19.6 Statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
19.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.8 Any feedback, comments, requests for technical support, and other communications should be directed to Famousplay customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
19.9 Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. physical or electronic signature;
ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
20. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAMOUSPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. FAMOUSPLAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FAMOUSPLAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAMOUSPLAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. Limitation of Liability
IN NO EVENT SHALL FAMOUSPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FAMOUSPLAY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SERVICE IS CONTROLLED AND OFFERED BY FAMOUSPLAY FROM ITS FACITLTIES IN UNITED STATES OF AMERICA. FAMOUSPLAY MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPROATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISTICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPIIANCE WITH LOCAL LAW.
22.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Famousplay, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
23. Ability to Accept Terms of Service
22.2 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
24.1 You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Famousplay exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
24.2 If anyone brings a claim against us related to your actions, content or information on Famousplay, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Famousplay and are not responsible for the content or information users transmit or share on Famousplay. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Famousplay. We are not responsible for the conduct, whether online or offline, or any user of Famousplay.
WE TRY TO KEEP FAMOUSPLAY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FAMOUSPLAY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FAMOUSPLAY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FAMOUSPLAY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FAMOUSPLAY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FAMOUSPLAY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FAMOUSPLAY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, FAMOUSPLAY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
25. Special Provisions Applicable to Users Outside the United States
25.1 We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Famousplay outside the United States:
25.2 You consent to having your personal data transferred to and processed in the United States.
25.3 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Famousplay (such as advertising or payments) or operate a Platform application or website.
26.1 By “Famousplay” we mean the features and services we make available, including through (a) our website at www.Famousplay.com and any other Famousplay branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
26.2 By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Famousplay or provide data to us.
26.3 By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Famousplay.
26.4 By “content” we mean anything you or other users post on Famousplay that would not be included in the definition of information.
26.5 By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Famousplay or provide to Famousplay through Platform.
26.6 By “post” we mean post on Famousplay or otherwise make available by using Famousplay.
26.7 By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
26.8 By “active registered user” we mean a user who has logged into Famousplay at least once in the previous 30 days.
26.9 By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
27.1 This Statement is an agreement between you and Famousplay, Inc. References to “us,” “we,” and “our” mean Famousplay, Inc.
27.2 This Statement makes up the entire agreement between the parties regarding Famousplay, and supersedes any prior agreements.
27.3 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
27.4 If we fail to enforce any of this Statement, it will not be considered a waiver.
27.5 Any amendment to or waiver of this Statement must be made in writing and signed by us.
27.6 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
27.7 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
27.8 Nothing in this Statement shall prevent us from complying with the law.
27.9 This Statement does not confer any third party beneficiary rights.
27.10 We reserve all rights not expressly granted to you.
27.11 You will comply with all applicable laws when using or accessing Famousplay.
27.12 You may also want to review the following information, which provide additional information
about your use of Famousplay:
i. Data Use Policy: The Data Use Policy contains information to help you understand how we collect and use information.
ii. Payment Terms: These additional terms apply to all payments made on or through Famousplay.
iii. Platform Page: This page helps you better understand what happens when you add a third-party application or use Famousplay Connect, including how they may access and use your data.
iv. Famousplay Platform Policies: These guidelines outline the policies that apply to applications, including Connect sites.
v. Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on Famousplay.
vi. Promotions Guidelines: These guidelines outline the policies that apply if you offer contests, sweepstakes, and other types of promotions on Famousplay.
vii. Brand Permissions Center: These guidelines outline the policies that apply to use of Famousplay trademarks, logos and screenshots.
viii. Pages Terms: These guidelines apply to your use of Famousplay Pages.
ix. Community Standards: These guidelines outline our expectations regarding the content you post to Famousplay and your activity on Famousplay.
Information we receive and how it is used – Information we receive about you
x. We receive a number of different types of information about you, including:
xi. Your information
xii. Your information is the information that’s required when you sign up for the site, as well as the information you choose to share.
xiii. Registration information: When you sign up for Famousplay, you are required to provide information such as your name, email address, birthday, and gender. In some cases, you may be able to register using other information, like your telephone number.
xiv. Information you choose to share: Your information also includes the information you choose to share on Famousplay, such as when you post a status update, upload a photo, or comment on a friend’s story.
xv. It also includes the information you choose to share when you take an action, such as when you add a friend, like a Page or a website, add a place to your story, use our contact importers, or indicate you are in a relationship.
xvi. Your name, profile pictures, cover photos, gender, networks, username and User ID are treated just like information you choose to make public.
xvii. Your birthday allows us to do things like show you age-appropriate content and advertisements.
Information others share about you
xviii. We receive information about you from your friends and others, such as when they upload your contact information, post a photo of you, tag you in a photo or status update, or at a location, or add you to a group.
xix. When people use Famousplay, they may store and share information about you and others that they have, such as when they upload and manage their invites and contacts.
Other information we receive about you
xx. We also receive other types of information about you:
xxi. We receive data about you whenever you interact with Famousplay, such as when you look at another person’s timeline, send or receive a message, search for a friend or a Page, click on, view or otherwise interact with things, use a Famousplay mobile app, or purchase Famousplay Credits or make other purchases through Famousplay.
xxii. When you post things like photos or videos on Famousplay, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video.
xxiii. We receive data from the computer, mobile phone or other device you use to access Famousplay, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, the type (including identifiers) of browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of your friends are nearby.
xxiv. We receive data whenever you visit a game, application, or website that uses Famousplay Platform or visit a site with a Famousplay feature (such as a social plugin), sometimes through cookies. This may include the date and time you visit the site; the web address, or URL, you’re on; technical information about the IP address, browser and the operating system you use; and, if you are logged in to Famousplay, your User ID.
xxv. Sometimes we get data from our affiliates or our advertising partners, customers and other third parties that helps us (or them) deliver ads, understand online activity, and generally make Famousplay better. For example, an advertiser may tell us information about you (like how you responded to an ad on Famousplay or on another site) in order to measure the effectiveness of – and improve the quality of – ads.
xxvi. We also put together data from the information we already have about you and your friends. For example, we may put together data about you to determine which friends we should show you in your News Feed or suggest you tag in the photos you post. We may put together your current city with GPS and other location information we have about you to, for example, tell you and your friends about people or sports events nearby, or offer deals to you that you might be interested in. We may also put together data about you to serve you ads that might be more relevant to you.
xxvii. When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services, like keeping your last GPS coordinates to send you relevant notifications.
xxviii. We only provide data to our advertising partners or customers after we have removed your name or any other personally identifying information from it, or have combined it with other people’s data in a way that it is no longer associated with you.
xxix. When we use the phrase “public information” (which we sometimes refer to as “Everyone information”), we mean the information you choose to make public, as well as information that is always publicly available.
Information you choose to make public
xxx. Choosing to make your information public is exactly what it sounds like: anyone, including people off of Famousplay, will be able to see it.
Choosing to make your information public also means that this information:
xxxi. can be associated with you (i.e., your name, profile pictures, cover photos, timeline, User ID, username, etc.) even off Famousplay;
xxxii. can show up when someone does a search on Famousplay or on a public search engine;
xxxiii. will be accessible to the Famousplay-integrated games, applications, and websites you and your friends use; and
xxxiv. will be accessible to anyone who uses our APIs such as our Graph API.
xxxv. Sometimes you will not be able to select an audience when you post something (like when you write on a Page’s wall or comment on a news article that uses our comments plugin). This is because some types of stories are always public stories. As a general rule, you should assume that if you do not see a sharing icon, the information will be publicly available.
When others share information about you, they can also choose to make it public.
xxxvi. Information that is always publicly available
xxxvii. The types of information listed below are always publicly available, and are treated just like information you decided to make public.
xxxviii. Name: This helps your friends and family find you. If you are uncomfortable sharing your real name, you can always delete your account.
xxxix. Profile Pictures and Cover Photos: These help your friends and family recognize you. If you are uncomfortable making any of these photos public, you can always delete it. Unless you delete them, when you add a new profile picture or cover photo, the previous photo will remain public in your profile picture or cover photo album.
xl. Networks: This helps you see whom you will be sharing information with before you choose “Friends and Networks” as a custom audience. If you are uncomfortable making your network public, you can leave the network.
xli. Gender: This allows us to refer to you properly.
xlii. Username and User ID: These allow you to give out a custom link to your timeline or Page, receive email at your Famousplay email address, and help make Famousplay Platform possible.
xliii. Usernames and User IDs
xliv. A Username (or Famousplay URL) is a custom link to your timeline that you can give out to people or post on external websites. Usernames appear in the URL on your timeline. We also use your User ID to identify your Famousplay account.
xlv. If someone has your Username or User ID, they can use it to access information about you through the Famousplay.com website. For example, if someone has your Username, they can type Famousplay.com/Username into their browser and see your public information as well as anything else you’ve let them see. Similarly, someone with your Username or User ID can access information about you through our APIs, such as our Graph API. Specifically, they can access your public information, along with your age range, language and country.
xlvi. If you do not want your information to be accessible to Platform applications, you can turn off all Platform applications from your Privacy Settings. If you turn off Platform you will no longer be able to use any games or other applications until you turn Platform back on. For more information about the information that apps receive when you visit them, see Other websites and applications.
How we use the information we receive
xlvii. We use the information we receive about you in connection with the services and features we provide to you and other users like your friends, our partners, the advertisers that purchase ads on the site, and the developers that build the games, applications, and websites you use. For example, in addition to helping people see and find things that you do and share, we may use the information we receive about you:
xlviii. as part of our efforts to keep Famousplay products, services and integrations safe and secure;
xlix. to protect Famousplay’s or others’ rights or property;
l. to provide you with location features and services, like telling you and your friends when something is going on nearby;
li. to measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
lii. to make suggestions to you and other users on Famousplay, such as: suggesting that your friend use our contact importer because you found friends using it, suggesting that another user add you as a friend because the user imported the same email address as you did, or suggesting that your friend tag you in a picture they have uploaded with you in it; and
liii. for internal operations, including troubleshooting, data analysis, testing, research and service improvement.
liv. Granting us this permission not only allows us to provide Famousplay as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
lv. While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don’t share information we receive about you with others unless we have:
lvi. received your permission;
lvii. you notice, such as by telling you about it in this policy; or
lviii. removed your name or any other personally identifying information from it.
lix. Of course, for information others share about you, they control how it is shared.
lx. We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted. For certain categories of data, we may also tell you about specific data retention practices.
lxi. We are able to suggest that your friend tag you in a picture by scanning and comparing your friend’s pictures to information we’ve put together from the other photos you’ve been tagged in. This allows us to make these suggestions.
Deleting and deactivating your account
lxii. If you want to stop using your account, you can either deactivate or delete it.
lxiii. Deactivating your account puts your account on hold. Other users will no longer see your timeline, but we do not delete any of your information. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future.
lxiv. Your friends will still see you listed in their list of friends while your account is deactivated.
lxv. When you delete an account, it is permanently deleted from Famousplay. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to 90 days. You should only delete your account if you are sure you never want to reactivate it.
lxvi. Certain information is needed to provide you with services, so we only delete this information after you delete your account. Some of the things you do on Famousplay aren’t stored in your account, like posting to a group or sending someone a message (where your friend may still have a message you sent, even after you delete your account). That information remains after you delete your account.
28. Sharing and finding you on Famousplay
Control each time you post
28.1 Whenever you post content (like a status update, photo or check-in), you can select a specific audience, or even customize your audience. To do this, simply click on the sharing icon and choose who can see it.
Choose this icon if you want to make something Public. Choosing to make something public is exactly what it sounds like. It means that anyone, including people off of Famousplay, will be able to see or access it.
Choose this icon if you want to share with your Famousplay Friends.
Choose this icon if you want to Customize your audience. You can also use this to hide your story from specific people.
28.2 If you tag someone, that person and their friends can see your story no matter what audience you selected. The same is true when you approve a tag someone else adds to your story.
28.3 Always think before you post. Just like anything else you post on the web or send in an email, information you share on Famousplay can be copied or re-shared by anyone who can see it.
28.4 Although you choose with whom you share, there may be ways for others to determine information about you. For example, if you hide your birthday so no one can see it on your timeline, but friends post “happy birthday!” on your timeline, people may determine your birthday.
28.5 When you comment on or “like” someone else’s story, or write on their timeline, that person gets to select the audience. For example, if a friend posts a Public story and you comment on it, your comment will be Public. Often, you can see the audience someone selected for their story before you post a comment; however, the person who posted the story may later change their audience.
28.6 You can control who can see the Famousplay Pages you’ve “liked” by visiting your timeline, clicking on the Likes box on your timeline, and then clicking “Edit.”
28.7 Sometimes you will not see a sharing icon when you post something (like when you write on a Page’s wall or comment on a news article that uses our comments plugin). This is because some types of stories are always public stories. As a general rule, you should assume that if you do not see a sharing icon, the information will be publicly available.
Control over your timeline
28.8 Whenever you add things to your timeline you can select a specific audience, or even customize your audience. To do this, simply click on the sharing icon and choose who can see it.
Choosing to make something public is exactly what it sounds like. It means that anyone, including people off of Famousplay, will be able to see or access it.
You may share with your Famousplay Friends or customize your audience.
28.9 When you select an audience for your friend list, you are only controlling who can see the entire list of your friends on your timeline. We call this a timeline visibility control. This is because your friend list is always available to the games, applications and websites you use, and your friendships may be visible elsewhere (such as on your friends’ timelines or in searches). For example, if you select “Only Me” as the audience for your friend list, but your friend sets her friend list to “Public,” anyone will be able to see your connection on your friend’s timeline.
28.10 Similarly, if you choose to hide your gender, it only hides it on your timeline. This is because we, just like the applications you and your friends use, need to use your gender to refer to you properly on the site.
28.11 When someone tags you in a story (such as a photo, status update or check-in), you can choose whether you want that story to appear on your timeline. You can either approve each story individually or approve all stories by your friends. If you approve a story and later change your mind, you can remove it from your timeline.
28.12 When you hide things on your timeline, like posts or connections, it means those things will not appear on your timeline. But, remember, anyone in the audience of those posts or who can see a connection may still see it elsewhere, like on someone else’s timeline or in search results. You can also delete or change the audience of content you post.
28.13 People on Famousplay may be able to see mutual friends, even if they cannot see your entire list of friends.
28.14 Some things (like your name, profile pictures and cover photos) do not have sharing icons because they are always publicly available. As a general rule, you should assume that if you do not see a sharing icon, the information will be publicly available.
Finding you on Famousplay
28.15 To make it easier for your friends to find you, we allow anyone with your contact information (such as email address or telephone number) to find you through the Famousplay search bar at the top of most pages, as well as other tools we provide, such as contact importers – even if you have not shared your contact information with them on Famousplay.
28.16 You can choose who can look up your timeline using the email address or telephone number you added to your timeline through your privacy settings. But remember that people can still find you or a link to your timeline on Famousplay through other people and the things they share about you or through other posts, like if you are tagged in a friend’s photo or post something to a public page.
28.17 Your settings do not control whether people can find you or a link to your timeline when they search for content they have permission to see, like a photo or other story you’ve been tagged in.
28.18 Access on phones and other devices
28.19 Once you share information with your friends and others, they may be able to sync it with or access it via their mobile phones and other devices. For example, if you share a photo on Famousplay, someone viewing that photo could save it using Famousplay tools or by other methods offered by their device or browser. Similarly, if you share your contact information with someone or invite someone to a sports event, they may be able to use Famousplay or third party applications or devices to sync that information. Or, if one of your friends has a Famousplay application on one of their devices, your information (such as the things you post or photos you share) may be stored on or accessed by their device.
28.20 You should only share information with people you trust because they will be able to save it or re-share it with others, including when they sync the information to a device.
28.21 Activity log
28.22 Your activity log is a place where you can go to view most of your information on Famousplay, including things you’ve hidden from your timeline. You can use this log to manage your content. For example, you can do things like delete stories, change the audience of your stories or stop an application from publishing to your timeline on your behalf.
28.23 When you hide something from your timeline, you are not deleting it. This means that the story may be visible elsewhere, like in your friends’ News Feed. If you want to delete a story you posted, choose the delete option.
28.24 What your friends and others share about you
Links and Tags
28.25 Anyone can add a link to a story. Links are references to something on the Internet; anything from a website to a Page or timeline on Famousplay. For example, if you are writing a story, you might include a link to a blog you are referencing or a link to the blogger’s Famousplay timeline. If someone clicks on a link to another person’s timeline, they’ll only see the things that they are allowed to see.
28.26 A tag is a special type of link to someone’s timeline that suggests that the tagged person add your story to their timeline. In cases where the tagged person isn’t included in the audience of the story, it will add them so they can see it. Anyone can tag you in anything. Once you are tagged, you and your friends will be able to see it (such as in News Feed or in search).
28.27 You can choose whether a story you’ve been tagged in appears on your timeline. You can either approve each story individually or approve all stories by your friends. If you approve a story and later change your mind, you can always remove it from your timeline.
28.28 If you do not want someone to tag you, we encourage you to reach out to them and give them that feedback. If that does not work, you can block them. This will prevent them from tagging you going forward.
28.29 If you are linked to or tagged in a private space (such as a message or a group) only the people who can see the private space can see the link or tag. Similarly, if you are linked to or tagged in a comment, only the people who can see the comment can see the link or tag.
28.30 As described in the what your friends and others share about you section of this policy, your friends and others may share information about you. They may share photos or other information about you and tag you in their posts. If you do not like a particular post, tell them or report the post.
28.31 Once you are in a Group, anyone in that Group can add you to a subgroup. When someone adds you to a Group, you will be listed as “invited” until you visit the Group. You can always leave a Group, which will prevent others from adding you to it again.
28.32 Famousplay Pages are public pages. Companies use Pages to share information about their products. Celebrities use Pages to talk about their latest projects. And communities use pages to discuss topics of interest.
28.33 Because Pages are public, information you share with a Page is public information. This means, for example, that if you post a comment on a Page, that comment may be used by the Page owner of Famousplay, and anyone can see it.
28.34 When you “like” a Page, you create a connection to that Page. The connection is added to your timeline and your friends may see it in their News Feeds. You may be contacted by or receive updates from the Page, such as in your News Feed and your messages. You can remove the Pages you’ve “liked” through your timeline or on the Page.
28.35 Some Pages contain content that comes directly from the Page owner. Page owners can do this through online plugins, such as an iframe, and it works just like the games and other applications you use through Famousplay. Because this content comes directly from the Page owner, that Page may be able to collect information about you, just like any website.
28.36 Page administrators may have access to insights data, which will tell them generally about the people that visit their Page (as opposed to information about specific people). They may also know when you’ve made a connection to their Page because you’ve liked their Page or posted a comment.
29. Other websites and applications
About Famousplay Platform
29.1 Famousplay Platform refers to the way we help you share your information with the games, applications, and websites you and your friends use. Famousplay Platform also lets you bring your friends with you, so you can connect with them off of Famousplay. In these two ways, Famousplay Platform helps you make your experiences on the web more personalized and social.
29.2 Remember that these games, applications and websites are created and maintained by other businesses and developers who are not part of, or controlled by, Famousplay, so you should always make sure to read their terms of service and privacy policies to understand how they treat your data.
Controlling what information you share with applications
29.3 When you connect with a game, application or website – such as by going to a game, logging in to a website using your Famousplay account, or adding an app to your timeline – we give the game, application, or website (sometimes referred to as just “Applications” or “Apps”) your basic info (we sometimes call this your “public profile”), which includes your User ID and your public information. We also give them your friends’ User IDs (also called your friend list) as part of your basic info.
29.4 Your friend list helps the application make your experience more social because it lets you find your friends on that application. Your User ID helps the application personalize your experience because it can connect your account on that application with your Famousplay account, and it can access your basic info, which includes your public information and friend list. This includes the information you choose to make public, as well as information that is always publicly available. If the application needs additional information, such as your stories, photos or likes, it will have to ask you for specific permission.
29.5 The “Apps you use” setting lets you control the applications you use. You can see the permissions you have given these applications, the last time an application accessed your information, and the audience on Famousplay for timeline stories and activity the application posts on your behalf. You can also remove applications you no longer want, or turn off all Platform applications. When you turn all Platform applications off, your User ID is no longer given to applications, even when your friends use those applications. But you will no longer be able to use any games, applications or websites through Famousplay.
29.6 When you first visit an app, Famousplay lets the app know your language, your country, and whether you are in an age group, for instance, under 18, between 18-20, or 21 and over. Age range lets apps provide you with age-appropriate content. If you install the app, it can access, store and update the information you’ve shared. Apps you’ve installed can update their records of your basic info, age range, language and country. If you haven’t used an app in a while, it won’t be able to continue to update the additional information you’ve given them permission to access.
29.7 Sometimes a game console, mobile phone, or other device might ask for permission to share specific information with the games and applications you use on that device. If you say okay, those applications will not be able to access any other information about you without asking specific permission from you or your friends.
29.8 Sites and apps that use Instant Personalization receive your User ID and friend list when you visit them.
29.9 You always can remove apps you’ve installed by using your app settings. But remember, apps may still be able to access your information when the people you share with use them. And, if you’ve removed an application and want them to delete the information you’ve already shared with them, you should contact the application and ask them to delete it. Visit the application’s page on Famousplay or their own website to learn more about the app. For example, Apps may have reasons (e.g. legal obligations) to retain some data that you share with them.
Controlling what is shared when the people you share with use applications
29.10 Just like when you share information by email or elsewhere on the web, information you share on Famousplay can be re-shared. This means that if you share something on Famousplay, anyone who can see it can share it with others, including the games, applications, and websites they use.
29.11 Your friends and the other people you share information with often want to share your information with applications to make their experiences on those applications more personalized and social. If you have made that information public, then the application can access it just like anyone else. But if you’ve shared your likes with just your friends, the application could ask your friend for permission to share them.
29.12 You can control most of the information other people can share with applications they use from the “Ads, Apps and Websites” settings page. But these controls do not let you limit access to your public information and friend list.
29.13 If you want to completely block applications from getting your information when your friends and others use them, you will need to turn off all Platform applications. This means that you will no longer be able to use any third-party Famousplay-integrated games, applications or websites.
29.14 If an application asks permission from someone else to access your information, the application will be allowed to use that information only in connection with the person that gave the permission and no one else.
Logging in to another site using Famousplay
29.15 Famousplay Platform lets you log into other applications and websites using your Famousplay account. When you log in using Famousplay, we give the site your User ID (just like when you connect with any other application), but we do not share your email address or password with that website through this process without your permission.
29.16 If you already have an account on that website, the site may also be able to connect that account with your Famousplay account. Sometimes it does this using what is called an “email hash”, which is similar to searching for someone on Famousplay using an email address. Only the email addresses in this case are hashed so no email addresses are actually shared between Famousplay and the website.
How it works
29.17 The website sends over a hashed version of your email address, and we match it with a database of email addresses that we have also hashed. If there is a match, then we tell the website the User ID associated with the email address. This way, when you log into the website using Famousplay, the website can link your Famousplay account to your account on that website.
About social plugins
29.18 Social plugins are buttons, boxes, and stories (such as the Like button) that other websites can use to present Famousplay content to you and create more social and personal experiences for you. While you view these buttons, boxes, and stories on other sites, the content comes directly from Famousplay.
29.19 Sometimes plugins act just like applications. You can spot one of these plugins because it will ask you for permission to access your information or to publish information back to Famousplay. For example, if you use a registration plugin on a website, the plugin will ask your permission to share your basic info with the website to make it easier for you to register for the website. Similarly, if you use an Add To Timeline plugin, the plugin will ask your permission to publish stories about your activities on that website to Famousplay.
29.20 If you make something public using a plugin, such as posting a public comment on a newspaper’s website, then that website can access your comment (along with your User ID) just like everyone else.
29.21 If you post something using a social plugin and you do not see a sharing icon, you should assume that story is Public. For example, if you post a comment through a Famousplay comment plugin on a site, your story is Public and everyone, including the website, can see your story.
29.22 Websites that use social plugins can sometimes tell that you have engaged with the social plugin. For example, they may know that you clicked on a Like button in a social plugin.
29.23 We receive data when you visit a site with a social plugin. We keep this data for a maximum of 90 days. After that, we remove your name or any other personally identifying information from the data, or combine it with other people’s data in a way that it is no longer associated with you.
About instant personalization
29.24 Instant personalization (sometimes also referred to as “Start now”) is a way for Famousplay to help partners on and off Famousplay create a more personalized and social experience for logged in users than a social plugin can offer. When you visit a site or app using instant personalization, it will know some information about you and your friends the moment you arrive. This is because sites and apps using instant personalization can access your User ID, your friend list, and your public information.
29.25 The first time you visit a site or app using instant personalization, you will see a notification letting you know that the site or app has partnered with Famousplay to provide a personalized experience.
29.26 The notification will give you the ability to disable or turn off instant personalization for that site or app. If you do that, that site or app is required to delete all of the information about you it received from Famousplay as part of the instant personalization program. In addition, we will prevent that site from accessing your information in the future, even when your friends use that site.
29.27 If you decide that you do not want to experience instant personalization for all partner sites and apps, you can disable instant personalization from the “Ads, Apps and Websites” settings page.
29.28 If you turn off instant personalization, these partner third party sites and apps will not be able to access your public information, even when your friends visit those sites.
29.29 If you turn off an instant personalization site or app after you have been using it or visited it a few times (or after you have given it specific permission to access your data), it will not automatically delete information about you it received through Famousplay. Like all other apps, the site is required by our policies to delete information about you if you ask it to.
Public search engines
29.30 Your public search setting controls whether people who enter your name on a public search engine may see your public timeline (including in sponsored results). You can find your public search setting on the “Ads, Apps and Websites” settings page.
29.31 This setting does not apply to search engines that access your information as an application using Famousplay Platform.
29.32 If you turn your public search setting off and then search for yourself on a public search engine, you may still see a preview of your timeline. This is because some search engines cache information for a period of time.
30 IV. How advertising and Sponsored Stories work
30.1 We do not share any of your information with advertisers (unless, of course, you give us permission). As described in this policy, we may share your information when we have removed from it anything that personally identifies you or combined it with other information so that it no longer personally identifies you.
30.2 We use the information we receive, including the information you provide at registration or add to your account or timeline, to deliver ads and to make them more relevant to you. This includes all of the things you share and do on Famousplay, such as the Pages you like or key words from your stories, and the things we infer from your use of Famousplay.
30.3 When an advertiser creates an ad, they are given the opportunity to choose their audience by location, demographics, likes, keywords, and any other information we receive or can tell about you and other users. For example, an advertiser can choose to target 18 to 35 year-old women who live in the United States and like basketball. An advertiser could also choose to target certain topics or keywords, like “music” or even people who like a particular song or artist. If you indicate that you are interested in topics, such as by liking a Page, including topics such as products, brands, religion, health status, or political views, you may see ads related to those topics as well. We require advertisers to comply with our Advertising Guidelines, including provisions relating to the use of sensitive data.
30.4 If the advertiser chooses to run the ad (also known as placing the order), we serve the ad to people who meet the criteria the advertiser selected, but we do not tell the advertiser who any of those people are. So, for example, if a person views or otherwise interacts with the ad, the advertiser might infer that the person is an 18-to-35-year-old woman who lives in the U.S. and likes basketball. But we would not tell the advertiser who that person is.
30.5 After the ad runs, we provide advertisers with reports on how their ads performed. For example we give advertisers reports telling them how many users saw or clicked on their ads. But these reports are anonymous. We do not tell advertisers who saw or clicked on their ads.
30.6 Advertisers or their partners sometimes place cookies on your computer (or use other similar system technologies) in order to serve ads and to make their ads more effective. Learn more aboutcookies, pixels and other system technologies.
30.7 Sometimes we allow advertisers to target a category of user, like a “moviegoer” or a “sci-fi fan.” We do this by bundling characteristics that we believe are related to the category. For example, if a person “likes” the “Star Trek” Page and mentions “Star Wars” when they check into a movie theater, we may conclude that this person is likely to be a sci-fi fan. Advertisers of sci-fi movies, for example, could ask us to target “sci-fi fans” and we would target that group, which may include you. Or if you “like” Pages that are car-related and mention a particular car brand in a post, we might put you in the “potential car buyer” category and let a car brand target to that group, which would include you.
Ads + social context
30.8 Famousplay Ads are sometimes paired with social actions your friends have taken. For example, an ad for a sushi restaurant may be paired with a news story that one of your friends likes that restaurant’s Famousplay page.
30.9 This is the same type of news story that could show up in your News Feed, only we place it next to a paid advertisement to make that ad more relevant and interesting.
30.10 When you show up in one of these news stories, we will only pair it with ads shown to your friends. If you do not want to appear in stories paired with Famousplay Ads, you can opt out using your “Edit social ads” setting.
30.11 We may serve ads, including those with social context (or serve just social context), on other sites. These work just like the ads we serve on Famousplay – the advertisers do not receive any of your information. Only people that could see the Famousplay action (like on your timeline) would see it paired in this way.
30.12 Your “Show my social actions in Famousplay Ads” setting only controls ads with social context. It does not control Sponsored Stories, ads or information about Famousplay’s services and features, or other Famousplay content.
30.13 Games, applications and websites can serve ads directly to you or help us serve ads to you or others if they have information like your User ID or email address.
30.14 Many of the things you do on Famousplay (like “liking” a Page) are posted to your timeline and shared in News Feed. But there’s a lot to read in News Feed. That’s why we allow people to “sponsor” your stories to make sure your friends and subscribers see them.
30.15 If they do sponsor a story, that story will appear in the same place ads usually do or in your News Feed under the heading “Sponsored” or something similar. Only people that could originally see the story can see the sponsored story, and no personal information about you (or your friends) is shared with the sponsor.
30.16 Your “Show my social actions in Famousplay Ads” setting only controls ads with social context. It does not control Sponsored Stories, ads or information about Famousplay’s services and features, or other Famousplay content.
31 Famousplay content
31.1 We like to tell you about some of the features and tools your friends and others use on Famousplay, to help you have a better experience. For example, if your friend uses our friend finder tool to find more friends on Famousplay, we may tell you about it to encourage you to use it as well. This of course means your friend may similarly see suggestions based on the things you do. But we will try to only show it to friends that could benefit from your experience.
31.2 Your “Show my social actions in Famousplay Ads” setting only controls ads with social context. It does not control Sponsored Stories, ads or information about Famousplay’s services and features, or other Famousplay content.
Cookies, pixels and other similar technologies
31.3 Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on webpages that do things like allow another server to measure viewing of a webpage and often are used in connection with cookies.
31.4 We use technologies like cookies, pixels, and local storage (like on your browser or device, which is similar to a cookie but holds more information) to provide and understand a range of products and services.
We use these technologies to do things like:
i. make Famousplay easier or faster to use;
ii. enable features and store information about you (including on your device or in your browser cache) and your use of Famousplay;
a. deliver, understand and improve advertising;
iii. monitor and understand the use of our products and services; and
iv. to protect you, others and Famousplay.
v. For example, we may use them to know you are logged in to Famousplay, to help you use social plugins and share buttons, or to know when you are interacting with our advertising or Platform partners.
vi. We may ask advertisers or other partners to serve ads or services to computers, mobile phones or other devices, which may use a cookie, pixel or other similar technology placed by Famousplay or the third party (although we would not share any other information that identifies you with an advertiser).
viii. Cookies and things like local storage help make Famousplay work, like allowing pages to load faster because certain content is stored on your browser or by helping us authenticate you to deliver personalized content.
ix. Refer to your browser or device’s help material to learn what controls you can often use to remove or block cookies or other similar technologies or block or remove other data stored on your computer or device (such as by using the various settings in your browser). If you do this, it may affect your ability to use Famousplay or other websites and apps.
32. Some other things you need to know
Responding to legal requests and preventing harm
32.1 We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you, including financial transaction data related to purchases made with Famousplay Credits, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
32.2 You can access and correct most of your personal data stored by Famousplay by logging into your account and viewing your timeline and activity log. You can also download a copy of your personal data by visiting your “Account Settings”, clicking on “Download a copy of your Famousplay data” and then clicking on the link for your expanded archive.
Notifications and Other Messages
32.3 We may send you notifications and other messages using the contact information we have for you, like your email address. You can control most of the notifications you receive, including ones from Pages you like and applications you use, using controls we provide, such as a control included in the email you receive or in your “Notifications” settings.
32.4 We offer tools to help you upload your friends’ contact information so that you and others can find friends on Famousplay, and invite friends who do not use Famousplay to join, and so we can offer you and others better experiences on Famousplay through suggestions and other customized experiences.
If you give us your password, we will delete it after you upload your friends’ contact information.
32.5 When you invite a friend to join Famousplay, we send a message on your behalf using your name, and we may also include names and pictures of other people your friend might know on Famousplay. We’ll also send a few reminders to those you invite, but the invitation will also give your friend the opportunity to opt out of receiving other invitations to join Famousplay.
32.6 We may memorialize the account of a deceased person. When we memorialize an account, we keep the timeline on Famousplay, but limit access and some features. We also may close an account if we receive a formal request that satisfies certain criteria.
32.7 We may share information we receive with businesses that are legally part of the same group of companies that Famousplay is part of, or that become part of that group (often these companies are called affiliates). Likewise, our affiliates may share information with us as well. This sharing is done in compliance with applicable laws including where such applicable laws require consent. We and our affiliates may use shared information to help provide, understand, and improve our services and their own services.
32.8 We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, serve photos and videos, process payments, analyze data, conduct and publish research, measure the effectiveness of ads, or provide search results. In some cases we provide the service jointly with another company, such as the Famousplay Marketplace. In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them, as well as this Data Use Policy.
Security and bugs
32.9 . We do our best to keep your information secure, but we need your help. We try to keep Famousplay up, bug-free and safe, but can’t make guarantees about any part of our services or products.
Change of Control
32.10 If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still have to honor the commitments we have made in this Data Use Policy.
Notice of Changes
32.11 If we make changes to this Data Use Policy we will notify you. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances.
Opportunity to comment
32.12 Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will give you seven (7) days to provide us with comments on the change. After the comment period, if we adopt any changes, we will provide notice (for example, on the Famousplay Site Governance Page or in this policy) of the effective date.
Famousplay Community Standards
32.13 Famousplay gives people around the world the power to publish their own stories, see the world through the eyes of many other people, and connect and share wherever they go. The conversation that happens on Famousplay – and the opinions expressed here – mirror the diversity of the people using Famousplay.
To balance the needs and interests of a global population, Famousplay protects expression that meets the community standards outlined on this page. Please review these standards. They will help you understand what type of expression is acceptable, and what type of content may be reported and removed.
• Violence and Threats
Safety is Famousplay’s top priority. We remove content and may escalate to law enforcement when we perceive a genuine risk of physical harm, or a direct threat to public safety. You may not credibly threaten others, or organize acts of real-world violence. Organizations with a record of terrorist or violent criminal activity are not allowed to maintain a presence on our site. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in financial harm to others, including theft and vandalism.
Famousplay takes threats of self-harm very seriously. We remove any promotion or encouragement of self-mutilation, eating disorders or hard drug abuse. We also work with suicide prevention agencies around the world to provide assistance for people in distress.
• Bullying and Harassment
Famousplay does not tolerate bullying or harassment. We allow users to speak freely on matters and people of public interest, but take action on all reports of abusive behavior directed at private individuals. Repeatedly targeting other users with unwanted friend requests or messages is a form of harassment.
• Hate Speech
Famousplay does not permit hate speech, but distinguishes between serious and humorous speech. While we encourage you to challenge ideas, institutions, events, and practices, we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.
• Graphic Content
People use Famousplay to share sports events through photos and videos. We understand that graphic imagery is a regular component of current sports events, but must balance the needs of a diverse community. Sharing any graphic content for sadistic pleasure is prohibited.
• Nudity and Pornography
Famousplay has a strict policy against the sharing of pornographic content and any explicitly sexual content where a minor is involved. We also impose limitations on the display of nudity. We aspire to respect people’s right to share content of personal importance, whether those are photos of a sculpture like Michelangelo’s David or family photos of a child breastfeeding.
• Identity and Privacy
On Famousplay people connect using their real names and identities. We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates Famousplay¹s terms.
• Intellectual Property
Before sharing content on Famousplay, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.
• Phishing and Spam
We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our members by not contacting them for commercial purposes without their consent.
We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, we ask that you respect our members by not contacting them for commercial purposes without their consent.
If you see something on Famousplay that you believe violates our terms, you should report it to us. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site.
Because of the diversity of our community, it’s possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked. For this reason, we also offer personal controls over what you see, such as the ability to hide or quietly cut ties with people, Pages, or applications that offend you.
If you’re an athlete or just a sports fan, you may create and maintain a profile to:
Let the sports world recognize your sports talent/team as you could be featured on our main page. (You may request to be included on the main page by emailing us at [email protected])
Tell people more about you, your sports interests or sports teams.
Interact with friends.
Create or join many sports groups, forums, pages and networks to connect with people with similar sports interests.