End User License Agreement, Terms of Use & Privacy Policy for DittoBeat by Step Revolution LLC:


DittoBeat
END USER LICENSE AGREEMENT & TERMS OF USE:

This End User License Agreement and Terms of Use govern your use of DITTOBEAT software, and other services (collectively the “Service”) provided by, Step Revolution LLC. (“Step Revolution” or “we”). These Terms of Use apply to all users of the Service, including users who are also contributors of content, information and other materials to the Service. Any access, browsing or use of the Service constitutes your agreement to follow and be bound by these Terms of Use without modification, and all other operating rules, policies and procedures that may be published from time to time by Step Revolution. If you do not agree to these Terms of Use, you are not permitted to access, browse or otherwise use the Service. The End User License Agreement and Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you.

CHANGES TO END USER LICENSE AGREEMENT & TERMS OF USE:

We reserve the right, at our discretion, to update or revise the End User License Agreement and these Terms of Use at any time. We will post such changes to these Terms of Use, and these additional or revised terms will become part of the agreement. Please check periodically for changes via our website at: www.steprevolution/legal  Your continued use of the Service constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Step Revolution as referenced above.

USING OR ACCESSING STEP REVOLUTION’S SERVICE & NETWORK SERVER(S):

Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on Step Revolution to provide you any particular service or access to any Service. You agree that you (a) have provided true, accurate, current, and complete information to the Social Networking Site(s) and Step Revolution in connection with any use or access of the Service; and (b) will maintain and update this information to keep it true, accurate, current, and complete. We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. Service is made available only to users thirteen (13) years of age or older, consistent with the policies of the Social Networking Site(s) and these Terms of Use. Step Revolution’s use of the information provided in connection with the Service or by the Social Networking Site(s) will be used solely in connection with the operation of the Service and consistent with the Privacy Policy set forth below.

CONTENT:

Although the Service has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Service may be incomplete, may contain errors, or become out-of-date. Step Revolution makes no commitment and expressly disclaims any duty to update any of the content on the Service. Step Revolution reserves the right to add, modify, or delete any information made available through the service at any time without notice or financial refund to you. It is understood that your usage of our service to download additional content (DLC) represents that you agree and accept these terms.

LIMITATIONS ON YOUR USE:

You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use. You agree not: to (a) use Service for illegal purposes; (b) use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable, (d) use the Service for any commercial purpose; (e) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (f) use Service to provide materials which contain viruses or other contaminating or destructive features; (g) impersonates any person or entity, including any employee or representative of a third party; (h) cheat or copy in any form with respect to any Services offered; or (h) create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Step Revolution in its sole discretion) an unreasonable or disproportionately large load on Step Revolution’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service; or (iii) bypass any measures Step Revolution may use to prevent or restrict access to the Service. The Service is provided only for your own personal use.

YOUR AGREEMENT TO USER CONDUCT RULES AND REGULATIONS:

Step Revolution is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Service, such as Chat, Message Boards, and Profiles. Acceptance of Step Revolution’s Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted, as well as the restrictions and responsibilities outlined in these terms of use. You agree to take full responsibility and liability for the accuracy and appropriateness of any of your posted content, and any consequences that may arise from posting in public areas of the Service.

INDEMNIFICATION:

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Step Revolution and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service.

TERMINATION AND MODIFICATION OF THE SERVICE:

These Terms of Use are effective until terminated. You agree that Step Revolution may terminate your access to the Service at any time for any reason without prior notice or liability. Step Revolution may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature or game, without prior notice or liability. If you wish to terminate your access to the Service, you may simply discontinue using the Service.

THIRD PARTY WEBSITE SERVICES, LINKS, ADVERTISEMENTS AND OFFERS:

The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. Step Revolution is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. Step Revolution is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Step Revolution be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.

LIMITATION ON LIABILITY:

Step revolution provides the service “as is” and disclaims all warranties of any kind, whether express or otherwise implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement, as to the information, content, games or other materials made available using the service or as to the results to be obtained from use of the service. Step revolution and its affiliates, and each of their directors, employees, agents and representatives do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected: (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of suing the service will meet your expectations or requirements. You accept all responsibility for the information, content and other materials you post or otherwise communicate using the service. Step revolution shall have no liability for the accuracy or content of the information contained in or the games on the service, or for delays or omissions therein. Nor shall step revolution, its affiliates and each of their directors, employees, agents and representatives, be liable for any third-party claims or losses of any nature, including but not limited to, lost profits, punitive, indirect or consequential damages. Notwithstanding the above, you agree that the maximum liability of step revolution in connection with or arising from any use of the service, including any applications or games, shall be limited to $200 in the aggregate per user. Some states do not allow exclusion of implied warranties or limitation of liability for incidental, exemplary, punitive, direct, indirect, special or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of step revolution shall be limited to the greatest extent permitted by law.

OUR INTELLECTUAL PROPERTY:

You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, reverse engineered modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws. Except as provided below, Step Revolution and its affiliates and licensors retain all right, title and interest in and to the Service, excluding your User Content (“Step Revolution Intellectual Property”). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Step Revolution Intellectual Property, in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Step Revolution. You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of Step Revolution games or website. Please be advised that any information related to the Service including but not limited to, game scores, game content and player rankings, are the property of Step Revolution by operation of these Terms of Use. Step Revolution reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice. Further, as the sole owner of all such content, feedback, opinions, and strategies, Step Revolution may elect to utilize such information and to make changes or improvements based on that information without any payment or consideration of any kind to any party who provides information.

USER GENERATED CONTENT:

You agree that by using the Service, you grant Step Revolution the right to convert, copy, display, edit, make derivative works, disclose, sell, sublicense, store, distribute, or otherwise use your User Generated Content in any manner and in all forms or formats available now or in the future without any compensation to you or any other agreement. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences. You may create, edit, manipulate, submit, post, display, transmit content or other material using the Service (“User Generated Content”). You agree to allow Step Revolution to use, manipulate or edit any User Generated Content that is created by you when utilizing features that have been made available or otherwise provided by the service. Step Revolution reserves the right to delete, move, or edit any User Generated Content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. Step Revolution may delete, edit, or reject User Content at any time for any reason without notice to you. In particular, Step Revolution also reserves the right to remove content at the request of a third party copyright or other intellectual property owner. Any User Content you transmit or post using the Service will be treated as non-confidential and non-proprietary. Step Revolution will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Service or using the Service.; and (c) related to your viewing of any content using the Service that you may find offensive.

SERVICE ADMINISTRATION AND RULES FOR GAME SCORING, VIRTUAL CURRENCY, VIRTUAL GOODS AND OTHER VIRTUAL MATERIALS:

The Service may include the award or your purchase of points, scoring, virtual currency, virtual goods or others items during your participation in games or other programs (“Game Values”). Game Values are not transferable or eligible for any type of in-kind or cash reimbursement. Game Values have no in-kind or cash value and are solely for the purposes of the Service including any games. If your account with the Service is terminated for any reason including if Step Revolution terminates the game, your Game Values or any other feature of the Service will no longer exist and are void. Step Revolution may in its sole discretion provide for the transfer of Game Values or any other feature of the Service to another Step Revolution game or application. You have no right to transfer any Game Values except as specifically authorized within the Service under rules established by Step Revolution for the Service. You agree not to buy, sell or otherwise exchange compensation for Game Values except during your active use of the Service in authorized game or program transactions in accordance with specific game or applications rules. Step Revolution in its sole discretion and authority may modify, eliminate, change or otherwise use your Game Values or other features of the Service for any purpose without notice to you. If we exercise this right, Step Revolution is not obligated to compensate you in any manner and will not be liable for any form of damages for such actions. Your purchase of Game Values or any other feature of the Service for use with the Service will not be refunded or exchanged for any reason. Such purchases are final on initial purchase.

DISPUTES WITH USERS OF THE SERVICE:

Step Revolution is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service although we may undertake such action in its sole discretion. In the event of a dispute with another user of the Service, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.

INTERNATIONAL USE:

Step Revolution makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and regulations regarding your online conduct. The Service is controlled and operated by our service provider from offices within the United States. We make no representation that the content available at or through the Service or any other program or service offered on or through the Service is appropriate or available for use in other locations, and access to them from territories where the content may be illegal is prohibited. Those who choose to access the Service from other locations do so at their own initiative and risk. By using the Service, you expressly agree that any data you may submit will be collected and stored in servers located within the United States.

RELATIONSHIP OF YOU AND US WHEN YOU USE OUR SERVICE:

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use. Neither party has any authority of any kind to bind the other in any respect. We always reserve the right to tweak game play and pricing as we see fit. We may also discontinue support for any applications/games in beta at any time.

JURISDICTION AND CONTRACT TERMS:

These Terms of Use are governed by and construed in accordance with the laws of the State of Washington, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of Washington, and the City and County of Camas and Clark County for any cause of action arising out of or relating to the Service, or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Step Revolution may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Step Revolution’s web site must commence within one (1) year after the cause of action arose.

CONTACT INFORMATION:

Step Revolution LLC
19911 SE 5th Way Camas, Washington 98607
United States Of America
email: support(at)steprevolution(dot)com

PRIVACY POLICY:

This privacy policy governs your use of the software application DittoBeat (“Application”) for mobile devices that was created by Step Revolution LLC. The Application is A music game that develops rhythm and timing skills via synchronized electronic music.

Automatically Collected Information:
The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?
This Application does not collect precise information about the location of your mobile device.

Do third parties see and/or have access to information obtained by the Application?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected

Information:
As required by law, such as to comply with a subpoena, or similar legal process;
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
If Step Revolution is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
To advertisers and third party advertising networks and analytics companies as described in the section below

Automatic Data Collection and Advertising:
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. 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 anonymous information about other applications 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 Application 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.

If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.

What are my opt-out rights?
Opt-out of all information collection by uninstalling the Application: You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
You can also request to opt-out via email, at: support(at)steprevolution(dot)com

Data Retention Policy, Managing Your Information:
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at: support(at)steprevolution(dot)com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children:
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support(at)steprevolution(dot)com We will delete such information from our files within a reasonable time.

Security:
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes:

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy and informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent:

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Contact us:
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support(at)steprevolution(dot)com