Clarify- Privacy Policy

Last update February, 2016

EvoBooks ("EvoBooks", "we", or "us") is committed to protect your privacy. We provide this Privacy Policy (the "Privacy Policy") to show our commitment to fair information acts and to the protection of your privacy while you use any of our application (the “Apps”) and any services available through or in connection with the App (the "Subscription Services"). Your use of the App and of the Subscription Services is covered by this Privacy Policy and by the Terms of Use.

1. SUBSCRIPTION SERVICES AND PRIVACY CONTRACT

EvoBooks (Evo Digital Media Consultoria e Tecnologia Ltda) ("EvoBooks", "we", or "us") is committed to protect your privacy. We provide this Privacy Policy (the "Privacy Policy") to show our commitment to fair information acts and to the protection of your privacy while you use any of our application (the “Apps”) and any services available through or in connection with the App (the "Subscription Services"). Your use of the App and of the Subscription Services is covered by this Privacy Policy and by the Terms of Use.

2. USE OF THE SERVICES INFORMATION

Even if you do not subscribe to Apps’ Subscription Service from EvoBooks we shall collect Non – Personal Information about your use of the Apps and Subscription Service. A. Cookies We utilize cookies to personalize your experience with the App and the Subscription Services, as well as to store your login information so that you do not need to re-enter it each time you visit the App or access the Subscription Services. Cookies are small computer files that are transferred to your hard disc and which contain information such as your user name and the activities that you performed while using the App and Subscription Services. We do not connect the information stored in the cookies to any of your Personal Information. Some of our partners also use cookies to provide us with anonymous global data and information regarding our users. We do not have access to or control over these cookies, and our Privacy Contract does not cover the use of third-party cookies. B. Data Traffic We shall automatically track and collect the following categories of information when you visit our App or use our Subscription Service: (1) Domain servers (2) Internet Protocol ("IP") addresses; and (3) Types of Computers and / or mobile devices used to access the App or the Subscription Services. We shall not connect Non-Personal Information received as data traffic to your Personal Information. C. Location Information In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.

3. OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

In order for you to use our Subscription Services plan, we shall ask that you provide specific Personal Information. Personal Information includes contact information, such as your name, your email address, phone number, and, when applicable, account information for effecting charges. We shall use the personal information you provide to respond to your questions and to send you messages about the App, as well as for service maintenance and updates. You may opt out of providing any personal information. In this case, you may still access and use parts of the App and the Subscription Services. We may use your Personal Information to send you information about the App or the Subscription Services, and to contact you when necessary, including an email to verify your subscription. We may use your data traffic to personalize and adapt your experience with the App and the Subscription Services, and in our communications with you in order to exhibit content that we believe you may be interested in and which may be consistent with your preferences. We may share your personal information and data traffic with our partners who assist us through the development of essential services involved in the operations of the App and Subscription Services. Our partners shall be obligated to maintain the same security and confidentiality standards that we promise to you in this Privacy Contract. They shall use your personal information only to meet specific business obligations and to provide services involved in the App. In addition, we may transfer your Personal Information and Non-Personal Information to other companies as a result of a sale, merger, or acquisition of or by EvoBooks. In this case, we shall make all efforts possible to notify you before any Personal Information or Non-Personal Information is transferred or becomes subject to a different privacy contract. We reserve the right to disclose your Personal Information if it is demanded by law and when we believe that disclosure is necessary to protect our rights and / or to satisfy a legal procedure, judicial order or a lawsuit.

4. ADVERTISING & THIRD PARTY PRODUCTS AND SERVICES

The Services may be supported via advertising, and we collect certain data to help the Services serve ads. We may work with analytics companies to help us understand how the Services are being used, such as the frequency and duration of usage. We may work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Services. Advertisers and advertising networks use some of the information collected by the Services, including the unique identification ID of your mobile device. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain information about other services you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Services and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.

5. THE SECURITY OF YOUR INFORMATION

We take reasonable measures to protect the information that we collect from or about you (including your information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

6. LINKS TO OTHER SITES

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party's privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

7. MODIFYING YOUR INFORMATION

You can access and modify the information associated with your account in the “Settings” section of the Services. If you want us to delete your information and your account, please contact us at contato@evobooks.com.br with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

8. INTERNATIONAL TRANSFER

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide information to us, we may transfer your information to the United States and Brazil and process it there.

9. CHANGES TO PRIVACY POLICY

Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting them on the Services or by sending you a notification and we’ll indicate when such changes will become effective.

10. QUESTIONS?

Please contact us at contato@evobooks.com.br if you have any questions about our Privacy Policy.

EvoBooks Terms of Service

EvoBooks develops and publishes games for mobile devices. In this policy, "EvoBooks" may also refer to “EvoBooks", "We" or "Us". This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any App (including any related services provided by EvoBooks). By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App. This Agreement is the final, complete and exclusive agreement of you and EvoBooks with respect to the subject matters hereof (including the Apps) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements, Terms of Service or Privacy Policy).

1. End User License Agreement

1.1 License

Subject to the terms of this Agreement, EvoBooks grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).

1.2 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.

1.3 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

1.4 Modification

EvoBooks reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that EvoBooks will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.

1.5 Ownership

Apps provided to you are licensed to you and not sold. EvoBooks (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The EvoBooks name, logo, and the product names associated with the Apps belong to EvoBooks (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. EvoBooks (and its licensors, where applicable) reserve all rights not granted in this Agreement.

1.6 Ads

When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.

2. Term and Termination

2.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement. 2.2 Notwithstanding the forgoing, if you used any App prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any App (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement. 2.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, EvoBooks reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to EvoBooks by the copyright owner or the copyright owner’s legal agent. 2.4 Upon termination of this Agreement, your right to use the App will automatically terminate immediately. EvoBooks will not have any liability whatsoever to you for any termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2.4, 3, 4, 5, 6, 7, 8, and 9.

3. Indemnity

You agree to defend, indemnify and hold harmless EvoBooks (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, or (ii) your violation of this Agreement. EvoBooks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EvoBooks and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EvoBooks. EvoBooks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. Third Parties

4.1 Application Stores. You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and EvoBooks and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement. 4.2 Third Party Services EvoBooks may permit certain third party applications (like leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, EvoBooks will share information with the Third Party Service as described in the EvoBooks Privacy Policy. EvoBooks is not responsible for and does not control Third Party Services. EvoBooks provides these Third Party Services only as a convenience to you. EvoBooks has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services. 4.3 Release You hereby irrevocably and unconditionally release and forever discharge EvoBooks (and its suppliers) from any and all claims, demands, 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 Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. Disclaimers

5.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EVOBOOKS (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. EVOBOOKS (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. 5.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability

6.1 IN NO EVENT SHALL EVOBOOKS (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR EVOBOOKS’ PRIVACY PRACTICES, ANY APP, EVEN IF EVOBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVOBOOKS’¬ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR EVOBOOKS’¬ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID EVOBOOKS IN THE PRIOR 12 MONTHS (IF ANY'). IN NO EVENT SHALL EVOBOOKS’ SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. 6.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

7. Fees

You agree to pay the applicable fee (to us or the applicable distributor) for the Apps you download and for any in-App purchases (such as virtual currency, coins, gems, in-App products, additional levels, and gameplay enhancements) you make.

8. General

8.1 Changes to this Agreement This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes. 8.2 Notice Any notice provided to EvoBooks pursuant to this Agreement should be sent to: contato@evobooks.com.br 8.3 Severability If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 8.4 Entire Agreement This Agreement is the final, complete and exclusive agreement of you and EvoBooks with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to EvoBooks is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without EvoBooks’ prior written consent, and any attempted assignment in violation of the foregoing will be null and void. EvoBooks may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

9. Apple Application Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 9, the more restrictive or conflicting terms and conditions in this Section 9 apply, but solely with respect to Apps from the Apple Application Store. 9.1 Acknowledgement: EvoBooks and you acknowledge that this Agreement is concluded between EvoBooks and you only, and not with Apple, and EvoBooks, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies. 9.2 Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service. 9.3 Maintenance and Support: EvoBooks is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. EvoBooks and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App. 9.4 Warranty: EvoBooks is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EvoBooks’ sole responsibility. 9.5 Product Claims: EvoBooks and you acknowledge that EvoBooks, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit EvoBooks’ liability to you beyond what is permitted by applicable law. 9.6 Intellectual Property Rights: EvoBooks and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, EvoBooks, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 9.7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 9.8 Developer Name and Address: EvoBooks’ contact information for any end-user questions, complaints or claims with respect to App is set forth in Section 9.2. 9.9 Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App. 9.10 Third Party Beneficiary: EvoBooks and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.