Privacy Policy
Last updated: 19 March 2021
This policy provides you with information in regards to how and why data may be collected and processed through the use of Icefall ("us", "we", "our") software, products and/or services ("games") and how you can exercise your privacy rights in doing so.
We are committed to the protection of your privacy. Collected data will only be used in accordance with this policy. This policy will also let you know about third-party service providers associated with the use of our software, products and/or services.
This policy applies and has effect in respect to all software, products and/or services made available by us.
If you choose to use software, products and/or services made available by us, then you agree to the complete collection and use of information contained and in relation to this policy.
We will not use or share any collected information with anyone except as described in this policy. You also accept that this policy can be updated from time to time for any reason, with the latest date of changes published at the top of this page.
- Childrens privacy
Software, products and/or services made available by us is not marketed or intended to be used by anyone under the age of 16 and those aged under 16 should not use them. We do not use our software, products and/or services to knowingly solicit information from anyone or to market to those under the age of 16. If we become aware that we have collected information from a child under age 16 without verification of parental consent, we will take actions to remove that information, from our database/servers.
- Why we collect information
In general the information we collect is for the operation and proper functioning of our software, products and/or services, security reasons and future improvements and development.
Collected information is used for but not limited to:
• Delivering and improving the service
• Providing updates
• Development of products and services
• Feedback and support
• Troubleshooting
• Administration
• Security and customer support
• Understanding and analyzing trends
• Third-party services
• Legal obligations
- What information is collected and how it is used
We and/or Third-Party Service Providers may collect information about/from you or your device (for example through Google Play Games Services for Android or Apple App Store for iOS devices and Unity services).
The collected information through the use of our software, products and/or services is such as may relate to but not limited to:
• Cookies
• Analytics
• Subsciptions
• User Information
• In-app purchases
• Device information
• Generated data (for example your game progress which may be stored with your Apple ID on iCloud for iOS Devices or with your Google Play Games profile for Android Devices or device information for technical troubleshooting purposes).
• Third-party Service Providers, which operate under their own privacy policies.
We may receive personal information about you from Third-party sources required for proper functionality of our software, products and/or services (for example if you choose to link/use any of your social media accounts in our games).
Some information collected by third-party service provides could be considered personally identifiable in certain circumstances. However, it will generally always be anonymised prior to being reviewd by us.
- How and why we share collected information
We are not able to alone provide all the services and functionality necessary for the successful operation of our software, products and/or services. For these purposes we are required to share information with third parties, such as Google Games Services for Android or Apple Game Center for iOS.
Shared information is such as may relate to but not limited to:
• Functionality of our software
• Connecting with social media
• Connecting with other players
• Your save game information
• Your game score information
• Development of Icefallstudio software and services
• To enforce legal rights
- How you share your information on third-party services and networks
If you connect any account (for example Google Play Games Services for Android or Apple Game Center for iOS or Facebook) with or through our software, products and/or services you agree that you have read and understood their respective privacy policies beforehand (See below also “Third party service providers”).
Unity Software is used to develope Icefallstudio games, software and products. For the data processing by Unity please see Unity’s privacy policy (See below also “Third party service providers”).
Please carefully read the privacy policies relating to Third-party Service Providers contained at the conclusion of this policy before using any of our software, products and/or services.
- Retention of information
Your information will be retained only for as long as is necessary for the purposes set out in this policy. We will retain and use information to the extent necessary to comply with our legal obligations (for example, if we are required to retain information to comply with applicable laws), enforce our legal agreements and policies and resolve disputes.
Your information will also be retained for analysis purposes, to maintain and/or improve the functionality of our services, or we are legally obligated to retain this data for longer periods of time.
You have the right to access the information we hold about you and to update and/or correct it, subject to certain exceptions.
- International transfer of information
Information may be transferred and processed to countries other than the country in which you are resident or reside. These countries may have different data protection laws then the laws of your country or the country where you reside.
- Disclosure and information security
Without your consent we will not sell, trade, rent or disclose any of the personal information you provide to us for any reason except where required or allowable by law.
When we are legally required to do so, we have the right to disclose your information (including personally identifiable information). In this case we will disclose your information in an anonymous and aggregated manner, meaning you could not be personally identified from it.
Personal information may be gathered and stored on/via third-party services in a manner that is in accordance with their respective policies. Icefallstudio is not liable for any such information. For queries on personal information they may hold, you can contact each respective third-party.
• European data protection regulation
If you are a resident of or reside in any of the member states across Europe, please be aware of all rights and regulations in accordance with the data privacy laws across Europe (GDPR).
• California residents
If you are a resident of or reside in California, please be aware that you have specific rights in accordance with the California Consumer Privacy Act (“CCPA”).
• Information Icefallstudio holds
If you have questions regarding the information Icefallstudio holds about you, if any, please contact us at the email address listed below.
- Third party service providers
https://unity3d.com/legal/privacy-policy
https://policies.google.com/privacy
https://www.apple.com/legal/privacy/
- Contact
icefallstudio(change to at)gmail.com
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Terms Of Use
Last updatesd: 19 March 2021
Please carefully read these Terms Of Use (Agreement) before installing or using any software or service developed by Icefallstudio ("us", "we", "our"). We develope and publish of mobile game applications that are made available through app stores such as the Apple App Store and the Google Play Store.
It is required that you read and accept this Agreement before installing or using any software or service developed by Icefall. If you do not accept and agree to the complete Agreement set forth herein you may not use or otherwise access the software and/or service.
- Changes to these Terms Of Use
You agree that we may modify or amend this Agreement from time to time with the latest date of changes published at the top of this page. Please review this Agreement regularly to ensure that you are aware of any changes. If you continue to use the software and/or service following changes to this Agreement, you accept any such change or modification.
We will notify you of any changes made here through the software and/or service, otherwise it is your sole responsibiity to stay informed with any relevant third-party updates to their respective terms or policies.
- About
By downloading any software and/or service developed by us, you accept this Agreement and our Privacy Policy. Your relationship with us will be such as set forth in this Agreement and our Privacy Policy.
Whenever you download the software and/or service developed by us, you represent and warrant that you are the legal owner or otherwise may legally use the device and accept that a new Agreement is concluded and its Terms Of Use and Privacy Policy apply to your use of the software and/or service. By using or otherwise accessing the software and/or service, you agree to this Agreement and our Pirvacy Policy. If you do not agree to this Agreement and our Privacy Policy, you may not use or otherwise access the software and/or service.
You also confirm that you are at least 16 years of age and have a full legal capacity to enter into this Agreement. If you are younger than 18 years of age, you can only download and use the software and/or service on your device if your parent(s) or legal guardian(s) have/has reviewed and agreed to this Agreement and our Privacy Policy and allowed you to download and use our software and/or service. We may require adequate proof of your identity and age and consent from a parent(s) or guardian(s) at any time.
You agree that you are accessing the software and/or service as a private person. Any commercial use the software and/or service is not allowed by anyone else except us.
- License and Limitations
We grant you a personal, limited, non-exclusive, revocable and non-transferable license to access, download and use the software and/or service only on your device, provided you agree to comply with all the terms and conditions set forth in this Agreement and our Privacy Policy.
The software and/or service is not sold to you, only licensed to you. We own all rights, title and interest in and to the software and/or service and reserve all rights not expressly granted to you in this Agreement.
You may not disassemble, decompile, edit, reverse engineer or create derivative works of the software and/or service or any parts therefrom. All modifications to the software and/or service remain the sole property and right of us.
You may not distribute, redistribute, sell, resell, lease, rent, sublicense, assign, or in any other way transfer, grant or make available any rights to the software and/or service to any third party.
You may not use the software and/or service to transmit any viruses, malware, or other malicious or harmfull information or data.
You may not modify, destroy or remove any copyright notices or other proprietary markings contained on or in the software and/or service. Any future release, update, modification or other addition related to the software and/or service shall be subject to this Agreement unless otherwise provided in terms associated with such addition (if any). All copyright and other proprietary notices on the software and/or service content must be retained on any copies.
- Local Laws
You are solely responsible for compliance with all national and international applicable laws, including but not limited to export and import regulations.
- Modification
We reserves all rights at any time to suspend, modify, or to discontinue the software and/or services or any part thereof with or without notice.
You also agree that we will not be liable to you or to any third party for any discontinuance, modification or suspension of the software and/or service or any part thereof.
- Intellectual property
Icefallstudio owns all and any intellectual property rights in and relating to the software and/or services including but not limited to intellectual property rights to all games, titles, source and object codes, user accounts, text, data, files, trademarks, audio, art, graphic material, content, and software, excluding certain user content.
You agree that you have no right or title in or to any contet that appears in the software and/or service. The Icefallstudio name, logo, and the product names associated with the software and/or service solely belong to Icefall (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. All rights not granted in this Agreement is reserved by and to Icefallstudio (and its licensors, where applicable).
This Agreement is not a sale of the software and/or service and does not transfer any related rights of ownership to you.
- User content
You are solely responsible for your user content. User content is any and all of your uploads, distributes, content or information otherwise provided via or through the software and/or service.
You agree to not submit to or through the software and/or service, or commuicate to other users of the software and/or service, including but not limited to any material that could be considered in any way to be harmfull, hatefull, disturbing, defamatory, false, obscene, profane, abusive, offensive, racially offensive, sexually oriented, threatening, harassing, intentionally misleading, or illegal material, or any material that could be considered to promote violence or physical harm of any kind, or any material that could be considered to violate or infringe another party’s rights, or any information/material that could be considered to violate any applicable law.
Your use of the software and/or service is at your own risk. Icefallstudio assumes no responsibility for monitoring the software and/or service for inappropriate conduct or content. Icefallstudio has no responsibility for the conduct of any user in or outside the software and/or service, including without limitation any user submitted content.
Any content you provide through uploading, distributing, or otherwise using the software and/or service, you automatically grant, and you warrant and represent that you have the right to grant to us an non-exclusive, irrevocable, royalty-free and fully paid worldwide license with the right to grant sublicenses to distribute, reproduce, publicly display, publicly perform, incorporate into other works, prepare derivative works of, and otherwise use your user content, only to display your user content in any of our software and/or service.
- Other users and user content
The software and/or service may contain content provided by other users of the software and/or service. We do not control content provided by other users nor are we responsible for such content.
We make no warranties, representations or has any responsibility regarding monitoring content provided by other users including without limitation to any and all user submitted content and the conduct of other users in or outside the software and/or services.
Your interaction with other users and/or content provided by other users in or outside the software and/or service is at your sole responsibility and risk, and we are under no obligation to become involved in any such interactions.
You agree that we will not be responsible for any liability incurred as the result of any interactions between you and other user(s) or any and all content provided by other user(s) in or outside the software and/or service.
You agree that you will not provide any inaccurate, misleading or false information to us or to any other user of the software and/or service.
If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. We may, in our sole discretion and without notice, review and delete any user content, but are under no obligation to do so.
You agree that you have no expectation of privacy regarding any transmission of any user content in and outside the software and/or service.
- Feedback
If you provide us with any suggestions or feedback, you hereby assign all rights to us to the suggestions or feedback and agree that we shall have the right to use such information in any manner we deem appropriate. Feedback you provide us will be deemd as non-confidential and non-proprietary. You agree that you will not submit any suggestions or information to us that is in violation of any applicable laws or that is considerd to be confidential or proprietary.
- Term and Termination
This Agreement runs for an indefinite term.
We reserve the right to at any time without notice cease offering the software and/or service or any part thereof, make modifications to the software and/or service, or to suspend, remove, modify or disable access to the software and/or service.
You may end this Agreement with immediate effect by removing the software and/or service from your device.
We or you may terminate this Agreement for cause without giving notice. The grounds for such termination for cause include material breach of this Agreement.
If we believe that you are in breach of this Agreement, we may suspend your access to the software and/or service and terminate this Agreement.
Upon termination of the software and/or service or a part thereof, your license to use the software and/or service or a part thereof will be automatically terminated. In such case, Icefallstudio shall not be obligated to provide refunds or any other compensation to you or users in connection with such discontinuation. Your data/information relating to the software and/or service may be deleted.
- Indemnity
You agree to defend, indemnify and hold us and anyone related to us, harmless from and against any claim or demand, made by any third party due to or arising out of your violation or alleged breach of this Agreement, your user content, your use of the software and/or service and conduct in connection with the software and/or service, or your violation of any law or the rights of any third party (including attorneys’ fees). Nothing in this Agreement shall be viewd as to exclude or limit your liability in respect of any indemnity given by you under this Agreement.
- Third parties
We may authorize third-party service providers to provide content through the software and/or service. Third-party service providers may be used to send data provided by the third-party between users who have the third-party service installed on their device, and Icefall may share information with the third-party service provider as described in our privacy policy.
We are not responsible or liable for any third-part service and does not operate any third-party service.
We have no responsibility to review or monitor and does not make any representations or warranties in association with or to any third-party services. You use all third-party services at your own discretion.
When you access a third-party service, the applicable third party’s terms of use and privacy policies apply. It is your sole responsibility to read, understand and accept their respective terms of use and privacy policies before proceeding with any transaction in connection with any third-party service.
- Application stores
The availability of the software and/or service is dependent on Apple App Store and Google Play Store. You agree that this agreement is between us and you and not with any other third party such as the Apple App Store and Google Play Store.
No third party is responsible for the software and/or service, or addressing any claims relating thereto.
You agree to pay all fees charged by the Apple App Store or Google Play Store in connection with the software and/or service (if any). You agree to comply with all third party terms of use and/or privacy policies relating to the use of the software and/or service.
You agree that the Apple App Store and Google Play Store (and their subsidiaries) are third-party beneficiaries of this Agreement and they will have the right to apply this Agreement.
- Governing law and resolution of dispute
You hereby irrevocably and completely release and forever discharge us (and its suppliers) from any and all demands, claims, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any third party service, other software and/or service or user(s).
To the extent that any term or condition of this Agreement is unenforceable, the remainder of this Agreement shall remain in full effect. If any part of this Agreement is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part shall be interpreted in a fashion consistent with applicable law to reflect as nearly as possible the original intent.
If it is not possible to interpret an invalid or unenforceable part of this Agreement in a manner consistent with applicable law, then that part shall be allowed to be removed without it affecting the remaining provisions of this Agreement.
- In-app purchases and virtual goods
Within the software and/or service, we may license certain virtual goods to you and be used by you, which you may purchase with real currency or which you may earn or redeem via processes therein. Virtual goods are limited only for non-commercial use and are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis.
Our software and/or services may at any time with or without notice manage, control, modify or delete any virtual goods.
We nor the software and/or service nor any other person or entity has any obligation to exchange any virtual goods for anything of value. We nor the software and/or service has no liability relating to hacking or loss of your virtual goods.
The price and/or availability of virtual goods are subject to change without notice.
You agree that the provision of virtual goods is a process that begins immediately upon purchase and you forfeit your right of withdrawal once the process has started. All purchases and redemptions of virtual goods made through the software and/or service are final and non-refundable or non-compensable for any reason.
If you request that the personal data we hold of you to be erased, as specified in the privacy policy, you will permanently and without a right to any refund or compensation, lose all your virtual goods as we can no longer associate any virtual goods with you.
- Entire agreement
This Agreement and any applicable additional terms included in the software and/or service, and any documents explicitly incorporated by reference in this Agreement (including our privacy policy), conaint the complete Agreement and supersede all prior understandings between the parties with respect to such subject matters.
Our failure to exercise any rights under this Agreement shall not ever operate as a waiver of such right or provision.
- Assignment
Any attempted assignment by you of your rights and obligations set forth in this agreement, may not be assigned by you without Icefallstudio's written consent, and is in violation of the foregoing and will be deemd null and void.
We may assign or delegate this Agreement and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, in connection with a merger, acquisition, reorganization or sale of all or parts of its assets, or application of law.
The terms set forth in this Agreement will be binding upon assignees.
- Additional terms for Apple Device users
If you are accessing or using the software and/or service through an Apple device then you agree to the following additional terms and conditions and that they apply:
• This Agreement is concluded only between you and us, not with Apple, and Apple is not responsible for the apps, software and/or related services, or the content thereof.
• Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the apps, software and/or related services.
• In the case of any failure of the apps, software and/or services to conform to any applicable warranty, you may inform Apple and Apple will be able to refund the purchase price for the relevant apps, software and/or services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in regards to the apps, software and/or service, and any other losses, claims, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Icefall's sole responsibility.
• You agree and acknowledge that, solely as between Apple and us, us, and not Apple, is responsible for handling any claims you may have relating to the apps, software and/or service, or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.
• You agree that if your possession of or the app, software and/or service, infringes on a third party’s intellectual property rights, you will not hold Apple liable for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
• You argree that upon your acceptance of the terms and conditions set forth in this Agreement, Apple and its subsidiaries are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof.
• You also agree, warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated as a “terrorist supporting” country, state or location by the U.S. Government, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with any and all third-party terms that are applicable when using the app, software and/or service.
- Relevant Terms and policies
You agree that you have read and understand, acknowledged and agree to all and any relating terms and policies, set forth in this Agreement.
- Policies
https://unity3d.com/legal/privacy-policy
https://policies.google.com/privacy
https://www.apple.com/legal/privacy/
- Contact
icefallstudio(change to at)gmail.com
Copyright © 2021 Icefall - All Rights Reserved.
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