Like most app operators, Spore collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Spore's purpose in collecting non-personally identifying information is to better understand how Spore's visitors use its app. From time to time, Spore may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its app.
Spore also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users of the Spore API. Spore only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to Spore's apps choose to interact with Spore in ways that require Spore to gather personally-identifying information. The amount and type of information that Spore gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a Spore account to provide a name and email address or phone number. Those who engage in transactions with Spore are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Spore collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Spore. Spore does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain app-related activities.
Spore may collect statistics about the behavior of visitors to its apps. Spore may display this information publicly or provide it to others. However, Spore does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Spore discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, affiliated organizations, and community owners. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Spore's apps, you consent to the transfer of such information to them. Spore will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, affiliated organizations and community owners, as described above, Spore discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Spore believes in good faith that disclosure is reasonably necessary to protect the property or rights of Spore, third parties or the public at large. If you are a registered user of an Spore app and have supplied your email address, the community owners may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Spore and our products. We primarily use blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Spore takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Spore, or substantially all of its assets were acquired, or in the unlikely event that Spore goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Spore may continue to use your personal information as set forth in this policy.
Please read this Agreement carefully before accessing or using the app. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the app or use any services. If these terms and conditions are considered an offer by Spore, acceptance is expressly limited to these terms. The app is available only to individuals who are at least 13 years old.
- Your Spore Account and Site.If you create an account on the app, you are responsible for maintaining the accuracy and security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Spore will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Chat and Forums.There is no tolerance for objectionable content or abusive users. Any user responsible for content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable will be permantently banned.
- Responsibility of app Visitors.Spore has not reviewed, and cannot review, all of the material, including computer software, posted to the app, and cannot therefore be responsible for that material's content, use or effects. By operating the app, Spore does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. or destructive content. The app may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The app may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Spore disclaims any responsibility for any harm resulting from the use by visitors of the app, or from any downloading by those visitors of content there posted.
- Content Posted on Other apps.We have not reviewed, and cannot review, all of the material, including computer software, made available through the apps and webpages to which Spore links, and that link to Spore. Spore does not have any control over those external apps and webpages, and is not responsible for their contents or their use. By linking to a non-Spore app or webpage, Spore does not represent or imply that it endorses such app or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Spore disclaims any responsibility for any harm resulting from your use of non-Spore apps and webpages.
- Copyright Infringement and DMCA Policy.As Spore asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Spore violates your copyright, you are encouraged to notify Spore in accordance withSpore's Digital Millennium Copyright Act Policy. Spore will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Spore will terminate a visitor's access to and use of the app if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Spore or others. In the case of such termination, Spore will have no obligation to provide a refund of any amounts previously paid to Spore.
- Intellectual Property.This Agreement does not transfer from Spore to you any Spore or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Spore. Spore, the Spore logo, and all other trademarks, service marks, graphics and logos used in connection with Spore, or the app are trademarks or registered trademarks of Spore or Spore's licensors. Other trademarks, service marks, graphics and logos used in connection with the app may be the trademarks of other third parties. Your use of the app grants you no right or license to reproduce or otherwise use any Spore or third-party trademarks.
- Your rightsYou retain your rights to any Content you submit, post or display on or through Spore. By submitting, posting or displaying content on or through Spore, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Spore to provide, promote, and improve Spore and to make content submitted to or through Spore available to other companies, organizations or individuals who partner with Spore for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by Spore, or other companies, organizations or individuals who partner with Spore, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through Spore. We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of Spore, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You understand that your content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability. Spore will not be responsible or liable for any use of your content by Spore in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
- Changes.Spore reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the app following the posting of any changes to this Agreement constitutes acceptance of those changes. Spore may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination.Spore may terminate your access to all or any part of the app at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Spore account (if you have one), you may simply discontinue using the app. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The app is provided "as is". Spore and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Spore nor its suppliers and licensors, makes any warranty that the app will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the app at your own discretion and risk.
- Limitation of Liability.In no event will Spore, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Spore under this agreement during the twelve (12) month period prior to the cause of action. Spore shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification.You agree to indemnify and hold harmless Spore, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the app, including but not limited to your violation of this Agreement.
- Miscellaneous.This Agreement constitutes the entire agreement between Spore and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Spore, or by the posting by Spore of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the app will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Austin County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Spore may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.