Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect
This notice applies to all information collected or submitted on the PlayMarks website and the PlayMarks applications and services for iPhone, iPad, and other devices and platforms, hereafter referred to as simply PlayMarks.
PlayMarks occasionally needs to collect information for convenience, practicality, or technical requirements. This information includes:
Like most Websites, PlayMarks also collects and stores information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider, your IP address, and information provided by and about your Internet browser. As we adopt additional technology, we may also gather similar information through other means.
We may also use "cookie" technology. Among other things, we may use cookies or other tracking technology for the purposes of storing your username and password hash to spare you from having to re-enter that information each time you visit.
The Way We Use Information
We use the information you provide to operate PlayMarks' features. We do not share this information with outside parties except to the extent necessary to accomplish PlayMarks' functionality.
We may disclose your information in response to subpoenas, court orders, or other legal process, or to establish or exercise our legal rights or to defend against legal claims.
We may disclose your information when we believe it necessary or desirable in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, and/or to protect our rights and property.
In the future, we may sell, buy, merge, or partner with other companies or businesses. In such transactions, user information may be among the transferred assets.
External Services
External services beyond PlayMarks's control are integrated with PlayMarks where necessary, such as iCloud Storage, Google Ads, Firebase & Google Analytics for traffic measurement and tracking.
PlayMarks makes reasonable efforts to ensure that all integrated external services are trustworthy and reputable, but PlayMarks cannot be held responsible for data collection and usage by such services.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email playmarkshelp@gmail.com. At this time, we only have the ability to receive and send English-language communications.
Changes To This Policy
PlayMarks reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of PlayMarks following the posting of changes to this policy will mean you accept those changes.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND Gx5 LLC. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THIS SOFTWARE AND DELETE IT.
1. Definitions
(a) "Gx5" means Gx5 LLC and its suppliers and licensors, if any.
(b) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the PlayMarks for iPhone and other iOS devices supplied by Gx5 herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
2. License
This EULA allows you to:
(a) Install and use the Software on an iPhone or iOS device.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or
electronically transfer the Software from one iOS device to another or over a network.
(b) You may not rent, lease, or sublicense the Software.
(c) You may not modify the Software or create derivative works based upon the Software.
(d) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
5. Ownership
The foregoing license gives you limited license to use the Software. Gx5 and its suppliers retain all right,title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Gx5 and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
7. LIMITATION OF LIABILITY
(a) NEITHER Gx5 NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Gx5 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(c) NEITHER Gx5 NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCURACY/INACCURACY, SOFTWARE ERROR INDIRECT AND DIRECT FAILURE(S), IMPROPER FUNCTION AND OTHER FEATURES IN THIS SOFTWARE DUE TO PROGRAM ERROR, USER ERROR, POWER OUTAGE, iOS CHANGES OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Gx5 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH FAILURE(S) AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Gx5 and you. Gx5 would not be able to provide the Software on an economic basis without such limitations.
9. Software Authentication
The end licensed user agrees to the approval of online authentication to activate and enable certain features of this software.
Product and User Information is sent during installation and use of the software is used strictly for
authentication. The end user agrees to this transfer of information and Gx5 cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.
10. Third Party Software
(a) iPhone, Apple and iOS are registered trademarks or trademarks of Apple Inc in the United States and/or other countries.
11. ALL sales are final. There are no refunds in any scenarios.
12. SUPPORT AND UPDATES.
This license does not entitle you to support, telephone assistance, enhancements or updates. This software may periodically go online to check for updates and alerts. Product and User Information may be sent during an update and alert check. This information is used strictly for update and authentication. The end user agrees to this transfer of information and Gx5 cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.