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TERMS AND CONDITIONS OF USE AND SOFTWARE LICENSE AGREEMENT FOR ALL SOFTWARE THAT IS THE PROPRIETARY INTELLECTUAL PROPERTY OF BLUESTACK SYSTEMS, INC.
This license agreement is the legal agreement (the “Agreement”) between you (“You”) and Bluestack Systems, Inc. (“Bluestacks”). It governs Your use of the software, videos, images and audio media, configuration data, fonts and documentation, whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”), which is the proprietary intellectual property of BlueStacks, on your Android phone or tablet, iPhone, iPad, iPod, Windows PC or Mac, GamePop Console and Gamepop Controller (individually and collectively, “Your Devices”). Software currently includes, but is not limited to, BlueStacks App Player for Windows, BlueStacks App Player for Mac, the Gamepop App Player, the BlueStacks Cloud Connect Android app, the Gamepop Controller app for Android, the Gamepop Controller app for iOS, the FoneLink app for Android, the FoneLink app for iOS, the FoneLink Web app, the FoneLink app for Windows 8.
Software utilize Bluestacks’ Cloud Services, which provides a number of services, including, but not limited to, Creating an account and purchasing a subscription for Software; 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 Your Devices; 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, “Services”)
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. 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 SOFTWARE YOU WILL BE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS.
IMPORTANT NOTE: Software 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 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 Software and do not include any other patent, copyright, trade secret or other intellectual property rights. You own the media on which the Software is recorded but Bluestacks and/or Bluestacks’ licensor(s) retain ownership of the Software itself. The terms of this License will govern any software upgrades provided by Bluestacks that replace and/or supplement the original 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 Software. The 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 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 Software or any part thereof. THE 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 SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
B. User Age: By accessing any Software You represent that You are 13 years of age or older. We do not knowingly collect personal information from children under 13.
C. Specific Prohibited Uses: 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 Software. Bluestacks specifically prohibits any use of 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;
- 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 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 Software to foreign countries or certain foreign nations in violation of export control laws;
- Attempting to interfere in any way with Software or Bluestacks’ networks or network security, or attempting to use 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 Software.
3. Consent to Use of Data.
B. Application Communications – You agree that BlueStacks may contact you through these methods:
- 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.
- Push Notifications: By enabling Application communications in the installation process you consent to receiving push notifications from BlueStacks. If you choose to disable push notifications, you will opt out receiving crucial account related communication.
- Email: By enabling Application communications in the installation process you have registered and consent to receive crucial account and marketing related emails from BlueStacks. If you choose to unsubscribe at any point, you will opt out of receiving crucial account related communication. To unsubscribe, please visithttps://bluestacks-cloud.appspot.com/communications.html, enter your email address that you wish to unsubscribe and click on the “unsubscribe” button.
C. New Products and Product Updates: By signing up for information about upcoming versions of our products and new products you have registered and consent to receive notifications, crucial account and marketing related emails from BlueStacks. If you choose to unsubscribe at any point, you will opt out of receiving notifications and crucial account related communication. To unsubscribe, please visit https://bluestacks-cloud.appspot.com/communications.html, enter your email address that you wish to unsubscribe and click on the “Unsubscribe” button or click on the unsubscribe link in your email, enter your email address in the form and click the Unsubscribe button.
- 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. Email Communications: Please note that by using BlueStacks products you have registered to receive crucial account and marketing related emails from us. If you choose to unsubscribe at any point, you will opt out of receiving crucial account related communication.
E. 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.
F. Client Software: Some use of our Services 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.
G. 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.
H. 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.
I. 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.
5. Subscription Terms and Payments
- Annual contract, paid monthly
- Annual contract, prepaid annually
- You agree to pay the subscription fees and any other charges (including any applicable taxes) incurred in connection with using Software and Services on Your Devices at the rates in effect when the charges were incurred.
- The subscription fees stated at the time of purchase will be charged to Your credit card.
- As soon as Bluestacks has received full payment, Your paid premium subscription will begin.
- Bluestacks will bill all charges automatically to Your credit card. Subscription fees will be billed at the beginning of Your subscription period or any renewal.
- Unless Bluestacks states in writing otherwise, all fees and charges are nonrefundable. Bluestacks may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance.
- If You want to use a different credit card or there is a change in credit card validity or expiration date, please respond to the subscription confirmation email to make changes.
- If You believe someone has accessed Services using Your user name and password without Your authorization, please contact premium dot support at bluestacks dot com.
- You are responsible for any fees or charges incurred to access Services through an Internet access provider or other third-party service.
- Your subscription will renew automatically, unless it is cancelled in accordance with this section.
- For prepaid annual subscriptions, Bluestacks will contact You within a reasonable time before the expiry of Your subscription term to give You the opportunity to OPT OUT of renewing Your subscription for a further year. If You fail to opt out, Your subscription will automatically renew on the subscription expiry date, at the then current yearly subscription rate, and You will be charged accordingly, except as otherwise required by law.
- For all subscriptions, in order to avoid billing of subscription fees for the renewal term to Your credit card, You must cancel Your subscription before it renews. Bluestacks may cancel Your subscription at any time by notifying You. You may cancel Your subscription by contacting our Customer Support at premium dot support at bluestacks dot com.
- If the subscription is cancelled within 24 hours of its purchase or renewal, the entire amount will be refunded to You in full.
- Otherwise, You’ll be refunded an amount prorated daily based on the number of days remaining on Your contract obligation,and Your Services will immediately become an ad-supported one.
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 Software and destroy all copies, full or partial, of the 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.
7. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE 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 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 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 SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE 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 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.
8. 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 SOFTWARE.
9. Export Control.
You may not use or otherwise export or re-export the Software except as authorized by the laws of the jurisdiction in which the 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.
10. 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 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 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 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.
11. 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 copyrights at bluestacks dot 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.
12. Proprietary Rights.
As between You and Bluestacks, (or other company whose marks appear on or via the 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 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 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 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 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 Software. The information on the 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 Software should be construed to grant any license or right to use any Bluestacks Mark without our prior written consent.
13. 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 Software must be commenced within one (1) year after the claim or cause of action arose.
14. 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 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 Services which will govern your use and any Services You access through Services. 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’ 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.
15. 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 eula at bluestacks dot com You agree to receive notices by email, text message, notification via any Software or by regular mail at our discretion.
16. 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.
17. Effective Date.
BlueStacks Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The “BlueStacks TV Weekly Sweepstakes” (the “Sweepstakes”) is sponsored by Bluestack Systems, Inc., having an address of 2105 S. Bascom Ave, #380, Campbell, California 95008, USA (“BlueStacks”).
Subject to these Official Rules, the Sweepstakes is open to residents physically residing in United States of America, who is at least 18 years old as of the date of entry. Employees of BlueStacks, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
The Sweepstakes begins at “Start Time” & “Start Date” as listed on website and runs every calendar week (each week, an “Entry Period”). BlueStacks reserves the right to end the Sweepstakes in its sole discretion upon 7 days prior notice.
HOW TO ENTER:
No purchase or payment is necessary to participate in the Sweepstakes. Please refer to the “Giveaways/Contests” section of our website and/or app player for enter details as entry details and actions they differ depending on prize given. Alternatively, you may use the Alternative Method of Entry below.
BlueStacks expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
Alternative Method of Entry (“AMOE”):
You may also enter the Sweepstakes by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to BlueStacks TV Weekly Sweepstakes: 2105 S. Bascom Ave, #380, Campbell, California 95008, USA. AMOE entries received later than Friday of the then-current Entry Period will be considered only eligible for the following Entry Period of the Sweepstakes, except for the last Entry Period where all AMOE entries will be considered eligible for the last Entry Period. Each AMOE card received will be considered as one (1) entry for that entrant.
Regardless of the method used to enter this Sweepstakes, the maximum number of entries allowed during each Entry Period is 4 per entrant.
Please refer to the giveaway entry details page for prize details.
Please note that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with whomever company product, service or intangible item we may be giving away. Any questions, comments or complaints regarding this Sweepstakes should be directed to BlueStacks, the sole sponsor of this Sweepstakes. BlueStacks is not held liable to honor warranties, exchanges or customer service for item(s) offered.
Decisions of BlueStacks are final and binding with respect to all matters related to the Sweepstakes. In no event shall BlueStacks be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that BlueStacks reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the applicable Entry Period, send a self-addressed stamped envelope to BlueStacks TV Sweepstakes Winner’s List, 2105 S. Bascom Ave, #380, Campbell, California 95008, USA.
Please allow 6-8 weeks for delivery of Prizes.
The winning entry for the Prize will be chosen at random from all eligible entries during the applicable Entry Period. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the potential winner, the potential winner will be deemed to be the person in whose name the applicable account is registered. The same entrant may win more than one Prize.
The Sweepstakes will be conducted under the supervision of the BlueStacks. The decisions of BlueStacks are final and binding in all matters relating to this Sweepstakes. Winners will be notified by email (if provided) for entries submitted by mail, however, that BlueStacks reserves the right to determine an alternate method of notification. Winners must claim their Prize within 2 weeks 3 days after the date of notification of such Prize. A Sweepstakes winner’s failure to respond to the Prize notification within the specified 3 days period will be considered such Sweepstakes winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
GENERAL CONDITIONS AND RELEASES:
By entering the Sweepstakes or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to BlueStacks, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by BlueStacks to be eligible for the Prize or an alternate winner will be selected. Winners may be required in BlueStacks’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner BlueStacks deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).
An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of BlueStacks. Participation in the Sweepstakes is at entrant’s own risk. BlueStacks shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Sweepstakes; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Sweepstakes, you agree to and hereby do release and hold harmless BlueStacks and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Sweepstakes, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. BlueStacks reserves the right to modify these Official Rules in any way or at any time. BlueStacks reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, BlueStacks shall promptly post a notice on BlueStacks’s website to such effect. This Sweepstakes shall be governed by the law of the State of California, without regard to conflicts of laws provisions. By participating in this Sweepstakes, you agree that any dispute or litigation arising from or relating to this Sweepstakes shall be determined by binding arbitration only in San Francisco, CA, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, BlueStacks may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
© 2012, 2013, 2014, 2015 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) You may choose not to receive marketing email communications from us by clicking on the unsubscribe or communication preferences link in the marketing emails or by adjusting your email preferences using the online account you may establish on our sites. 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
© 2012, 2013, 2014, 2015 by Bluestack Systems, Inc. All rights reserved