Effective March 29, 2017
Aviato Calendar Ventures, LLC (“Aviato”, “we”, “us”, or “our”) operates the [BratayleyMoji] mobile application (the “App”). We are committed to protecting your privacy and any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from your use of our services.
By using this App you acknowledge that you understand the privacy practices contained herein.
Custom Keyboard Installation and “Allow Full Access”
The App allows you to install a custom keyboard onto your device so that you may use the App and the emojis, stickers, graphics, and/or characters contained therein (together, “Emojis”) in other applications. As part of the installation process for custom keyboards, your device may tell you that you must “Allow Full Access” to the App. The “Allow Full Access” authorization simply allows you to use the Emojis contained in our custom keyboard in a variety of apps, and we do not use or take advantage of that access.
Other than the analytics and device information outlined below, we do not, and do not plan to, access or use your information, either through the App or otherwise. For example, we do not collect or use your contacts, the contents of any messages, texts, posts, or information you type on the custom keyboard, or other message information.
When you download and/or use our App, we may automatically collect certain information. This may include information from your device, which may include general location data (typically limited to your “region”), software and hardware attributes of the device, a unique device ID, IP address, and App performance data. We use this information to improve our services, analyze App usage, and provide reporting for internal purposes.
In some situations, we may ask you to provide us with personal information for a specific purpose, such as to provide you with information or services that you request. This information may include your name, telephone number, email address, and region, as well as any additional information you choose to provide in contacting us or responding to our requests.
Finally, we may collect data that does not identify you personally. We may use and distribute any such data at our discretion.
Use of Collected Information
Information that we collect in the App is used to measure the number of downloads, types of devices and operating systems used to access the App, App performance, the popularity of App features, and similar metrics. In addition, such data may be made available to our third-party application service providers on an anonymized and aggregated basis to perform services for us relating to the App, including for purposes of creating statistical reports and analyses regarding the App.
We may request additional personal information from you to respond to your inquiry or to process your request. We only use this information to respond to said inquiry, to process your request, or for related purposes. Similarly, this information may be shared with other Aviato affiliates, contractors, or vendors, but only if necessary to fulfill your request or for related purposes.
We do not share, sell, or lease personal information about you to any third parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud or to enforce our End User License Agreement). In addition, if all or a part of our company is sold, we may transfer or replicate some or all of the personal information we have to the buyer.
Links to Third-Party Sites
The App may contain links to third-party sites, and we are not responsible for the content, security, or privacy practices employed by such third-party sites.
Security of Collected Information
We maintain reasonable physical, electronic, and administrative safeguards designed to protect your personal information from unauthorized or inappropriate access. However, no method of safeguarding information is completely secure. As a result, we cannot guarantee that our safeguards will be effective or sufficient against all threats or risks.
Access to Collected Information
You may review and update the information that you provide to us through the App by contacting us as described below.
Your personal information may be stored and processed in any country where we have facilities or where we have engaged a service provider, and by your use of the App you acknowledge that we may transfer information to countries outside of your country of residence, which may have different data protection rules than in your country.
Do Not Track
We do not track customers over time and across websites and therefore the App does not respond to Do Not Track signals.
Changes to our Privacy Statement
We may update our Privacy Statement from time to time to reflect changes to our services and policies. When we update the Privacy Statement, we will revise the “Effective” date listed at the top of this page. We encourage you to periodically review this Privacy Statement.
Your California Privacy Rights
Businesses subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. You acknowledge that your request does not guarantee complete or comprehensive removal of content or information posted online. Further, removal may not be permitted or required under applicable law in some situations.
If you wish to make such a request and are a California resident, you should send a request to our contact address below. The request should include a detailed description of the specific content or information to be removed.
If you have any questions about this Privacy Statement, please contact us at:
END USER LICENSE AGREEMENT
Thank you for your interest in the BratayleyMoji mobile application (the “App”) provided by Aviato Calendar Ventures, LLC (“Aviato”, “we”, “us”, or “our”) and designed to operate on your iPhone, iPad, or other device using Apple iOS mobile application software (“iOS Device”). Your use of the App is subject to the following binding end user license agreement (“EULA”).
By downloading and using the App you acknowledge and agree to all terms and conditions stated in this EULA. If you do not agree to this EULA, do not download and use the App.
Note that the App allows you to install a custom keyboard onto your iOS Device so that you may use the App and the emojis, stickers, graphics, and/or characters contained therein (together, “Emojis”) in other applications. As part of the installation process for custom keyboards, your iOS Devices will tell you that you must “Allow Full Access” to the App. This is how Apple allows users to install and access custom keyboards and sticker packs. As discussed more fully in Aviato’s Privacy Statement, we do not, and do not plan to, access or use your contacts, the contents of your text messages, communications, posts, or information you type on the custom keyboard. Refer to our Privacy Statement for more information about Aviato’s practices regarding your information.
THIS EULA CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE APP.
You are hereby granted a personal, non-exclusive, revocable, non-transferrable (except as expressly provided in this EULA) license to use the App on your iOS Device and copy the Emojis into your communications and posts, each in accordance with this EULA. Except as otherwise expressly provided, all rights are reserved to Aviato.
You certify that you are either 18 years old (or the age of majority in your jurisdiction) or older, or if you under the age of 18 (or the age of majority in your jurisdiction) that you have obtained the consent of your parent or legal guardian, and are able and competent to comply with this EULA and give Aviato the rights as detailed in this EULA.
You also certify that (i) you are not located in a country that is subject to 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.
Your use of the App through iOS Devices is subject to the additional terms set forth in Annex A, which are incorporated herein.
You may download content, including Emojis, only for your personal use for non-commercial purposes. No modification, further reproduction or creation of derivative works based on any content, including but not limited to Emojis, is permitted.
You agree that you will not use the App for any unlawful or abusive purposes. You are responsible for all content that you post through or using the App or any Emoji. You may not post content, or use any Emoji in manner that:
You know to be inaccurate;
Is obscene, pornographic, sexually explicit, or offensive;
Is defamatory, disparaging, harassing, or abusive;
You do not have permission to use or repost;
Infringes the intellectual property or proprietary rights of any person;
Violates the rights of any person, including the rights of privacy and/or publicity;
Promotes, encourages, or provides instructions regarding illicit or illegal activity;
Includes or links to promotions, advertisements, or spam;
Violates any applicable law or regulation, whether local, state, federal, or international;
Contains malicious code, viruses, or other files or programs designed to interfere with, disrupt, damage, or harm any computer system, software, or hardware; or
Is intended to interfere with, disrupt, damage, harm, or cause denial of service to our systems and/or servers.
Aviato may remove or act to have removed any content or any other Materials (as defined below) use that it deems inappropriate or otherwise violates this EULA in its sole discretion.
All content in and constituting the App, including all Materials, is owned, licensed, and/or controlled by Aviato and is protected by worldwide copyright laws and/or other intellectual property laws. The trademarks, service marks, trade names, logos, likenesses, and other identifiers used in or in connection with the App or Materials are protected in the United States and internationally. No use of any of these marks or identifiers may be made without Aviato’s prior written authorization. Other than the limited license provided above, no ownership or license is granted with respect to any intellectual property rights.
The contents of any communications you send to us are on a non-confidential basis, and, except to the extent covered by our Privacy Statement we may reproduce, publish, or otherwise use the contents of such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose.
Aviato, in our sole discretion, may restrict, suspend, or terminate your use of the App (or any portion thereof and/or any other Materials) and remove and discard the App and/or any content therein. We may also, in our sole discretion and at any time, discontinue providing access to the App, or any part thereof, with or without notice. You agree that any termination of your access to the App may be effected without prior notice. Further, you agree that Aviato shall not be liable to you or any third party for any termination of your access to the App.
Disclaimers and Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SOFTWARE THEREIN, THE EMOJIS, AND ALL OTHER INFORMATION, DATA, AND MATERIALS CONTAINED IN THE APP OR EMOJIS (“MATERIALS”) ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTY REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS; (3) ANY WARRANTY REGARDING ACCURACY, RELIABILITY, OPERATION, OR PERFORMANCE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AVIATO NOR ANY OF ITS THIRD PARTY PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE APP OR ANY MATERIALS, NOR WILL AVIATO NOR ANY OF ITS THIRD PARTY PROVIDERS, INCLUDING APPLE, INC., BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. AVIATO’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO THE MATERIALS OR ANY OTHER MATTER RELATED TO THIS EULA SHALL NOT EXCEED THE NET AMOUNTS RECEIVED BY AVIATO FROM YOU WITH RESPECT TO THE APPLICABLE MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AVIATO FROM AND AGAINST ANY CLAIMS, COSTS (INCLUDING LEGAL FEES AND EXPENSES, INCLUDING ANY INCURRED IN ENFORCEMENT OF THIS PROVISION), DAMAGES, AND LIABILITIES THAT ARISE FROM OR RELATE TO YOUR IMPROPER OR UNAUTHORIZED ACCESS TO OR USE OF THE APP OR ANY OTHER MATERIALS.
Arbitration and Dispute Resolution
Any controversy or claim arising out of or relating to your use of the App, any Materials, this EULA, or the breach thereof, shall be exclusively decided by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All arbitration proceedings shall be heard and decided by a single arbitrator mutually agreed upon by the parties, or, if the parties cannot agree upon an arbitrator within twenty (20) days of the respondent’s receipt of the request for arbitration, then a single arbitrator shall be selected as provided in the AAA Rules. The seat or place of arbitration shall be Chicago, Illinois. The arbitration shall be conducted and the award shall be rendered in English. Except as may be required by law, neither party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
Notwithstanding this arbitration provision, Aviato may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator, without any requirement to post bond.
ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND YOU HEREBY WAIVE YOUR RIGHT TO CLASS, CONSOLIDATED OR REPRESENTATIVE TREATMENT.
IF FOR ANY REASON A CONTROVERSY OR CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY CONTROVERSY, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS EULA, YOUR USE OF THE APP, OR ANY MATERIALS.
The App and the other Materials are provided in and from the United States and their use shall be governed in accordance with the laws of the United States and the State of Illinois, U.S.A. If you use or access the App or other Materials from other locations, you do so at your own risk and you are responsible for compliance with any and all applicable local laws. You will not use or access the App or other Materials from jurisdictions where any content or features that are available on or through the App, including the other Materials, are illegal.
Third-Party Websites and Materials
The App may provide links or references to third-party websites, mobile applications, services, or materials (“Third-Party Materials”) purely as a convenience to you and other users of the App. Aviato has no responsibility for the content of such Third-Party Materials, and shall not be liable for any damages or injury arising from your access to or use of such Third-Party Materials.
Changes to the EULA
We reserve the right, at any time and without notice, to add to, change, update, or modify this EULA simply by posting such change, update, or modification on the App, in the App Store, or on our website. Any such change, update, or modification will be effective immediately upon posting.
The individuals depicted in the Materials, or upon whom any are based, are intended third party beneficiaries of this EULA, and are entitled to directly enforce this EULA against you.
If you have any questions, complaints, or claims regarding the App or this EULA, please contact us at:
ANNEX A: APPLE IOS SOFTWARE APPLICATIONS
The following additional terms apply to your use of the App (as defined in the EULA above) through Apple iOS mobile application software programs (“App Services”), and are in addition to the EULA above, which are incorporated herein by reference.
The EULA are entered into and binding between you and Aviato, and not Apple, Inc. (“Apple”), and as between Aviato and Apple, Aviato is responsible for the App Services and their content, subject to the limitations and disclaimers contained in the EULA. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App Services. Apple is not responsible for addressing any claims by you or any third party relating to the App Services, including but not limited to: (a) product liability claims; (b) any claim that the App Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App Services or your possession and use of the of the App Services infringes that third party’s intellectual property rights, Aviato, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You are only permitted to use the App Services on any Apple-branded products that you own or control, and as permitted by the App Store Terms of Service, except that the App Services may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing functionality or volume purchasing.
Aviato is providing the App Services AS-IS, and disclaims all warranties of any kind, express or implied, as fully set forth in the EULA. To the extent any warranty is nevertheless adjudged to exist by a court of law or other legal authority with respect to the App Services, and is not effectively disclaimed by the EULA, however, Aviato, and not Apple, is responsible for any such warranty term with respect to the App Services. Apple’s sole warranty obligation in such circumstances is limited to refunding the App Store purchase price of the particular App Services upon receipt of notification from you that the App Services failed to conform to the applicable warranty, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be Aviato’s sole responsibility.
You must comply with any applicable terms of third-party agreements relating to your use of the App Services.
You acknowledge that Apple and its subsidiaries are third-party beneficiaries of the EULA with respect to the App Services, and that, upon your acceptance of the EULA, Apple will have a right (and will be deemed to have accepted the right) to enforce the EULA against you with respect to the App Services as a third-party beneficiary thereof.