TERMS AND CONDITIONS OF USE AND SOFTWARE LICENSE AGREEMENT FOR ALL SOFTWARE THAT IS THE PROPRIETARY INTELLECTUAL PROPERTY OF BLUESTACK SYSTEMS, INC.
The software that is the proprietary intellectual property of Bluestack Systems, Inc. ("BLUESTACKS"), currently includes, but is not limited to, the BlueStacks App Player for Windows, BlueStacks App Player for Mac, the BlueStacks Cloud Connect Android app, the GamePop Console, the GamePop Android App, the GamePop iOS App, the FoneLink Android app, the FoneLink iOS app, the FoneLink Web app, the FoneLink Windows 8 app (collectively, "Bluestacks Products").
This license agreement is the legal agreement (the "Agreement") between You ("You") and BLUESTACKS governing your use of BlueStacks Products on your Android phone or tablet, iPhone, iPad, iPod, Windows PC or Mac, GamePop Console (individually and collectively, "Your Devices").
Bluestacks Products utilize BLUESTACKS’ Cloud Services ("BCS"), which provides a number of services, including, but not limited to, Creating an account and purchasing a subscription for GamePop; Connecting and linking devices; Syncing of information, including SMS, Contacts, Android apps, photos, videos and any other files (collectively, "Your Personal Content") from your Android phone or tablet to other devices You own; Search for Android apps, free or for sale; One-click syncing of apps between your Devices; Periodic refresh of apps, app icons and their names in a cache on Your device, to enable you to discover new apps, install an app from an app store with one click, launch a cached app instantaneously; Recommendations for related mobile apps; and other services (individually and collectively, "Bluestacks Services").
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE BLUESTACKS PRODUCTS. BY CLICKING THE "I AGREE" BUTTON UPON INSTALLATION YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND CLICK THE "I DISAGREE/DECLINE" BUTTON TO TERMINATE INSTALLATION AND USE. IF YOU NEVERTHELESS CONTINUE TO USE THE BLUESTACKS PRODUCTS YOU WILL BE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS.
IMPORTANT NOTE: BlueStacks Products may also be used to receive and/or send Android apps, including software and associated files, images, audio clips, video clips and editorial content, remotely for copying and/or playing on Your Devices. It is licensed to You for copying Android apps You are authorized or legally permitted to install for lawful personal use from your mobile Android device to Your Devices. If You are uncertain about your right to copy or permit access to any Android apps You should contact your legal advisor.
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Bluestacks Software") are licensed, not sold, to You by BLUESTACKS for use only under the terms of this License, and BLUESTACKS reserves all rights not expressly granted to you. The rights granted herein are limited to BLUESTACKS’ and its licensors' intellectual property rights in the Bluestacks Software and do not include any other patent, copyright, trade secret or other intellectual property rights. You own the media on which the Bluestacks Software is recorded but BLUESTACKS and/or BLUESTACKS’ licensor(s) retain ownership of the Bluestacks Software itself. The terms of this License will govern any software upgrades provided by BLUESTACKS that replace and/or supplement the original Bluestacks Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. This License allows You to install and use the Bluestacks Software. The Bluestacks Software may be used to copy and/or install and run Android apps, which You are authorized or legally permitted to copy and install, on Your Devices. You may make one copy of the Bluestacks Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Bluestacks Software or any part thereof. THE BLUESTACKS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE BLUESTACKS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
B. User Age: By accessing any Bluestacks Software You represent that You are 16 years of age or older. We do not knowingly collect personal information from children under 16.
C. Specific Prohibited Uses: Bluestacks Software may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through any Bluestacks Software. BLUESTACKS specifically prohibits any use of Bluestacks Software, and requires all users to agree not to use our products, for any of the following purposes:
- Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, offensive, graphically violent, pornographic, or not your own. BLUESTACKS has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyright protected or otherwise owned by a third party unless You are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless You own them or have the permission of the owner;
- Posting material or otherwise using the Bluestacks Software in any manner that infringes on, interferes with or compromises any intellectual property, privacy or publicity right or security of another;
- Transmitting or transferring (by any means) information or software derived from Bluestacks Software to foreign countries or certain foreign nations in violation of export control laws;
- Attempting to interfere in any way with Bluestacks Software or BLUESTACKS’ networks or network security, or attempting to use Bluestacks Software to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item; or
- Violating any law, code, directive or regulation, whether at a national or pan-EU level, through use of Bluestacks Software.
3. Consent to Use of Data.
B. Text Messages. By providing us with your mobile telephone number You consent to our use of that number to send You text or SMS messages with details of offers, our services and other advertising, until You tell us to stop. You can direct us to stop such text or SMS messages by sending a text message with the subject line STOP to +1 408 377 1488.
- Downloads completed successfully;
- Installations completed successfully;
- Android apps installed successfully;
- Android apps started successfully;
- Android apps failed to start; and
- Android apps started but failed midstream.
4. Your Use of Services. Your use of the Services requires Internet access and use of certain Services may require You to accept additional terms of service, which will be presented to You before You can use such Services.
A. Your Responsibilities: You are solely responsible for your conduct, Your Personal Content, and your communications with others while using the Services. You, and not BLUESTACKS, are responsible for maintaining and protecting all of Your Personal Content. BLUESTACKS will not be liable for any loss or corruption of Your Personal Content, or for any costs or expenses associated with backing up or restoring any of Your Personal Content. Note that when You view Your Personal Content through Services, for example, contacts, or SMS, or photos, on one of Your Devices, it may be visible to anyone who has access to that device. Unless You possess the legal right to do so, You should not copy, upload, download, or share files and other content that may be protected by intellectual property rights of others. You, not BLUESTACKS, will be fully responsible and liable for what You copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
B. Your Ownership: You retain full ownership to Your Personal Content. BLUESTACKS does not claim any ownership to any of it. This Agreement does not grant BLUESTACKS any rights to Your Personal Content or intellectual property except for the limited rights that are needed to run the Services, as explained below. BLUESTACKS may need your permission to transfer Your Personal Content between your Devices, for example, transmitting your photos from your phone to your PC, or sharing them at your direction. You give BLUESTACKS the permissions needed to provide these Services.
C. SMS Services: BLUESTACKS may store your contacts and text message content on its servers in order to transmit them to one of your Devices. You may incur text-messaging charges from your phone service provider ("Carrier") when SMS Text Messages are routed through your phone. You should not rely on Services for any critical text message or SMS communication. Text message content is not shared with any third party for any reason without your explicit consent.
D. Sharing Your Personal Content: The Services provide features that allow You to share Your Personal Content with others. Please consider carefully what You choose to share or make public. BLUESTACKS has no responsibility for that activity.
E. Client Software: Some use of our Service requires You to download a client software package ("Client"). BLUESTACKS hereby grants You a limited, nonexclusive, nontransferable, revocable license to use the Client, solely to access the Services. Your license to use the Client is automatically revoked if You violate this Agreement in a manner that implicates our intellectual property rights. BLUESTACKS hereby reserve all rights not expressly granted in this Agreement. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Client on your device automatically when a new version is available.
F. Third-party Content: You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable or contain explicit language. Nevertheless, You agree to use the Services at your sole risk and that BLUESTACKS shall have no liability to You for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, podcast categories and sub-categories) and descriptions are provided for convenience only, and You acknowledge and agree that BLUESTACKS does not guarantee their accuracy. Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that BLUESTACKS is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. BLUESTACKS does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BLUESTACKS is not in any way responsible for any such use by you.
G. Protected Intellectual Property: You agree that the Services, including but not limited to Android applications, images, audio clips, media clips and editorial content, contain proprietary information and material that is owned by BLUESTACKS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
H. Updates to Services: BLUESTACKS and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will BLUESTACKS be liable for the removal of or disabling of access to any such Services. BLUESTACKS may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from BLUESTACKS if You fail to comply with any term(s) of this License. Upon the termination of this License, You shall cease all use of the Bluestacks Software and destroy all copies, full or partial, of the Bluestacks Software. All provisions of this License, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties.
You EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BLUESTACKS SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLUESTACKS SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLUESTACKS AND BLUESTACKS'S LICENSORS (COLLECTIVELY REFERRED TO AS "BLUESTACKS" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BLUESTACKS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLUESTACKS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BLUESTACKS SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE BLUESTACKS SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BLUESTACKS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BLUESTACKS SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUESTACKS OR A BLUESTACKS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BLUESTACKS SOFTWARE OR SERVICES PROVE DEFECTIVE, You ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THIS AGREEMENT.
7. Limitation of Liability.
THE FOLLOWING PROVISION SETS OUT THE ENTIRE FINANCIAL LIABILITY OF BLUESTACKS (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS) IN RESPECT OF ANY BREACH OF THIS AGREEMENT HOWSOEVER ARISING; AND ANY REPRESENTATION, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUESTACKS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODS, LOSS OF USE, LOSS OR CORRUPTION OF DATA OR INFORMATION (B) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, COSTS, CHARGES OR EXPENSES REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BLUESTACKS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, CHARGES OR EXPENSES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (C) ANY COMPLIANCE VIOLATION ON YOUR PART WITH THIRD PARTY LICENSING AGREEMENTS. NOTHING IN THIS AGREEMENT EXCLUDES THE LIABILITY OF BLUESTACKS FOR DEATH OR PERSONAL INJURY CAUSED BY BLUESTACKS.S NEGLIGENCE; OR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING THIS, BLUESTACKS.S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY HOWSOEVER ARISING), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE GREATER OF $20 (US) OR THE AMOUNT PAID BY You TO BLUESTACKS FOR LICENSING THE BLUESTACKS SOFTWARE.
8. Export Control.
You may not use or otherwise export or re-export the Bluestacks Software except as authorized by the laws of the jurisdiction in which the Bluestacks Software was obtained. You also agree that You will not use these products for any purposes prohibited by applicable law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
9. Security Rules.
Violations of system or network security may result in civil or criminal liability. BLUESTACKS will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Bluestacks Software, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Bluestacks Software, overloading, flooding, mailbombing. or crashing, or sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the Bluestacks Software;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, "phishing" or "pharming" or misrepresentation.
10. Copyright Policy.
If You believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed upon; (iii) a description of where the material that You claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: Copyright Agent Bluestack Systems, Inc. 2105 South Bascom Avenue, Suite 380 Campbell, CA 95008 email@example.com We reserve the right to remove any content posted by any user without prior notice and at our sole discretion. We may terminate a user’s account if the user is determined to be a repeat infringer.
11. Proprietary Rights.
As between You and BLUESTACKS, (or other company whose marks appear on or via the Bluestacks Software), BLUESTACKS (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Bluestacks Software, and is the copyright owner or licensee of the content and/or information on the product, unless otherwise indicated. Except as otherwise provided herein, use of the Bluestacks Software does not grant You a license to any content, features or materials You may access on the product and You may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of the Bluestacks Software is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by BLUESTACKS. If You make use of any Bluestacks Software, other that as provided herein, in doing so You may violate copyright and other applicable laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them in the Bluestacks Software. The information on the Bluestacks Software including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of BLUESTACKS or other entities. Such trademarks, service marks and trade names may be registered internationally. The BLUESTACKS logos and service names are trademarks of BLUESTACKS (the "BLUESTACKS Marks"). Without BLUESTACKS’ prior permission, You agree not to display or use BLUESTACKS Marks in any manner. Nothing on any Bluestacks Software should be construed to grant any license or right to use any BLUESTACKS Mark without our prior written consent.
12. Controlling Law and Severability; Limitation on Commencement of Action.
This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this License (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties. Any claim or cause of action You may have with respect to BLUESTACKS or any Bluestacks Software must be commenced within one (1) year after the claim or cause of action arose.
13. Complete Agreement; Amendment; Governing Language; No Waiver; Third Party Rights; Assignment.
This License constitutes the entire agreement between the parties with respect to the use of the Bluestacks Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions You may be required to accept if You choose to use BCS which will govern your use and any Services You access through BCS. No amendment to or modification of this License will be binding unless in writing and signed by BLUESTACKS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern. The failure of BLUESTACKS to exercise any right or provision of this License shall not constitute a waiver of such right or provisions. This License inures to the benefit of BLUESTACKS.s successors, assigns and licensees. This License is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else. BLUESTACKS may at any time assign, transfer or deal in any other manner with all or any of its rights or obligations under this License. You shall not assign, transfer or deal in any other manner with all or any of your rights or obligations under this License.
14. Contacting Us; Notices.
To contact us with any questions or concerns in connection with this License or to provide notice to us under this License please email us at firstname.lastname@example.org You agree to receive notices by email, text message, notification via any Bluestacks Software or by regular mail at our discretion.
15. Changes to License; Effective Date.
We reserve the right to modify the content of these terms and conditions from time to time in order to improve our service or for other reasonable business or legal compliance purposes. In the event we modify the content it will be posted on our website with an effective date and web links, and we will notify You by means of an email sent to the address You have provided to us. If You decide not to continue this License on the basis of this modified content, You may terminate this License within ten days following the sending of the notice, with charges to be prorated as of the date of termination. If You do not terminate within this ten-day period You will be deemed to have agreed to continue the License on the basis of being bound to the modified content.
16. Effective Date.
© 2012, 2013 by Bluestack Systems, Inc. All rights reserved
Bluestack Systems, Inc ("Bluestacks") is committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
You can access, download or use Bluestacks Products, through applications on Devices, through APIs, and through third parties. A Device is any computer used to access the Bluestacks Products, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic Device.
Bluestacks Products can enable you to sync information from your Android phone to another Device you own; play applications developed by third parties, individually and collectively referred to as Third Party Apps, on a Device, such as an Android app on a Device running either the Microsoft Windows, Apple OS X or Linux operating systems.
1) Information we collect from you
All of the different forms of data, content, and information, including that which can be used to identify an individual, as described below are collectively referred to as Information. We collect Information to provide better services to all of our users from figuring out basic stuff like which language you speak, to more complex things like how to provide the best user experience for using BlueStacks Products on your particular Device.
We collect Information in two ways:
A) Information you give us: In the course of you using the Bluestacks Products, we may collect Information with your consent that can be used to contact or identify you ("Personal Information").
When you use FoneLink through your Google account login, we may collect Personal Information such as your name, email address, phone number, and ancillary information such as phone call history, contacts, SMS messages, mobile applications installed on your phone, so that you can view and use such information on other Devices you own.
When you register for a Bluestacks account, we may collect some Personal Information such as your email address, or social networking information if you give us access to your account on social network connection services, or your phone number. You may be asked to choose login Information, such as your email address and a password, which will be used to access your account. You may also provide us ancillary information such as your friends’ email addresses for inviting your friends to use Bluestacks Products or sharing your experience of using such Bluestacks Products with them. If you provide us with Information about another person you represent that you have their permission to do so.
If you contact us via email or our electronic Help Forum, we may collect some Personal Information such as email address and contact information, and also keep your message to respond to your request.
B) Information we get from your use of Bluestacks Products: We (or our service providers acting on our behalf) may collect Information about the Bluestacks Products that you use and how you use them. This information includes information that may identify you as well as statistical information (.Analytics.) that does not identify you. Some Analytics may be correlated with your Personal Information. Usage Information may include:
a) Device Information: We may collect Device-specific Information (such as your hardware model, operating system version, unique Device identifiers and mobile network Information including phone number). We may associate your Device identifiers or phone number with your Bluestacks Account.
b) Log Information: When you use Bluestacks Products, we may automatically record or log Information from your Device, its software, and your activity using the Bluestacks Products. This may include:
- The Device’s Internet Protocol ("IP") address;
- Identification numbers associated with your Devices;
- Device event Information such as crashes, system activity and hardware settings;
- Locale preferences;
- Application activity such as app upload, app download, app installation, app uninstallation, app start, app play duration, app stop, app crashes, app network activity and app resource consumption;
- Date and time stamps associated with transactions;
- System configuration Information;
- Metadata concerning your Android apps; and
- Other interactions with the Bluestacks Products and third party advertisements.
The Bluestacks Products that include websites may also use the following cookies:
- A cookie which recognizes a user’s browser type, browser language, the date and time of a user’s request and referral URL;
- A cookie which identifies the web page visited before you came to our website; and
- A cookie which logs information you search for on our website.
You may refuse to accept cookies when you are alerted to their existence by us or by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our website.
c) Location Information: When you use a location-enabled app, we may collect, process and retain Information about your actual location. We may also use various technologies to determine location, such as sensor data from your Device that may, for example, provide Information on nearby Wi-Fi access points and cell towers. The location data is collected anonymously in a form that does not personally identify you and is used by us to provide and improve location based products and services. By using a location-enabled app, you consent to us processing Information about your actual location.
d) Third Party App Information: When you download and install Third Party Apps, or when you permit them to be updated, we may record Information about the source, such as the name of the app store or app market, its IP address, the application version number, or any unique application identification number associated with them.
e) Local storage: We may collect Information about storage consumed on your Device by Android apps and their app-specific data.
2) Children’s Information
We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we take steps to remove such Personal Information and terminate the child’s account unless parental or guardian consent is given.
3) How We Use Personal Information and Your Choices
A) Personal Information: Personal Information is or may be used: (i) to provide and improve our Bluestacks Products; (ii) to administer your use of the Bluestacks Products; (iii) to personalize and improve your experience; (iv) to provide software updates; (v) to provide you with products, information or services that you request from us or which are related to such requests and we feel may interest you; and (vi) to notify you about changes to Bluestacks Products and services.
B) If you no longer wish to receive promotional emails or text messages from us, please follow the unsubscribe instructions provided in any of those communications.
C) Geo-Location Information: We may use geo-location Information to the greatest extent permitted by law. Some Devices allow applications to access real-time location-based Information (for example, GPS). By using a location-enabled app, you consent to us processing Information about your actual location.
4) Information Sharing and Disclosure
A) Your Consent: We may share or disclose your Information to third parties with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Bluestacks Products, you may also have the ability to make some of your Information public. Public Information may be broadly and quickly disseminated.
B) Bluestacks Products Providers, Business Partners and Others: We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Bluestacks Products (including but not limited to data storage, maintenance services, database management, web analytics and payment processing). These third parties may have access to your Information only for purposes of performing these tasks on our behalf and under obligations to adequately safeguard the Information.
C) Compliance with Laws and Law Enforcement Requests; Protection of Bluestacks Rights: We may disclose Information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Bluestacks or its users; or (d) protect Bluestacks property rights.
E) Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-Personal Information, such as usage statistics of our Bluestacks Products.
5) Third Parties
We will not share your Personal Information with our affiliated companies or with third parties who may use it for their marketing purposes without your prior permission.
6) Data Retention
We will retain your Information for as long as your account is active or as needed to provide you with services or as required by law (whichever is longest). If you wish to cancel your account or request that we no longer use your Information to provide you with services, you may delete your account by notifying us. We may retain and use your Information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
7) Bluestacks Community
Bluestacks Products offer publicly accessible community services such as blogs, forums, and wikis. You should be aware that any Information you provide in these areas might be read, collected and used by others who access them. Your posts may remain even after you cancel your account.
We follow generally accepted standards to protect the Information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. You also play a role in protecting your Information. Please safeguard your user name and password and do not share them with others. If we receive instructions using your login Information we will consider that you have authorized the instructions.
9) Accessing Your Information
You may access your account Information to update or delete it or to manage your preferences by visiting the Cloud Connect feature of our application. Please keep your Information up to date and accurate.
10) Contacting Us
13) Effective Date
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