MOBILE APPLICATION TERMS OF USE

MOBILE APPLICATION TERMS OF USE

If you do not agree to the terms and conditions set forth below, you are forbidden from downloading, registering for, or using the App.

The following Terms of Use (“Agreement”) governs use of the Top Ten Carols Application (“App”), as provided by Rainy Day Project, Ltd. (“RDP,” “we,” or “our”), by all those who access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, “you” or “your”).

Please read the rules contained in this Agreement carefully. By downloading, using or registering on any aspect of the App, you agree to comply with these rules. If you cannot agree with these rules, please do not download, register for or use the App.

For information regarding use of information about you that may be collected via your use of the App, please see the section below labeled “Privacy.”

The Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the App, so check back often. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or communicated on or through the App, may result in suspension or termination of your access to the App, without notice, in addition to RDP’s other remedies.I. MONITORING

We strive to provide an enjoyable experience for our users, so we may monitor activity on the App to foster compliance with this Agreement. All users of the App hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the App, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.II. Registration and Account Creation

1. REGISTRATION INFORMATION:
RDP may at times require that you register and/or set up an account to use certain portions of the App, or the App as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the App. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the App, if available.

2. USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the App), you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify us as described below.

3. FEES AND PAYMENTS:
A. RDP or third parties may charge you fees for products or services which may be offered for sale through the App, and/or for access to portions of the App or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services which may be offered for sale through the App by RDP or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). RDP reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
B. If you submit your credit, debit or charge card information to RDP upon registration or otherwise, you give RDP permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to RDP for any reason, including charge back, RDP reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

III. DISCLAIMER
1. THE INFORMATION ON THIS APP IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, RDP AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS APP.

IV. Rules of Usage:

1. USE OF THE APP BY YOU:
Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing the App, or making purchases on or through, the App.
A. RDP grants you a non-exclusive, non-transferable, limited rights and license to install and use the App intended solely for your personal use only. You are prohibited from using the App for commercial purposes, re-sell the App or any of its contents, or permit any other person to do so. You may not authorize others to use the App, and you are responsible for all uses of the App by you and by those you allow to use, or provide access to, the App. You may not impersonate, imitate or pretend to be somebody else when using the App. You agree that you are solely responsible for (and that RDP has no responsibility to you or to any third party for) any breach of your obligations under this Agreement, and for the consequences (including any loss or damage which RDP may suffer) of any such breach.
B. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
C. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.
D. You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in “cyber-sex” (i.e., virtual or simulated sex”) or solicit another to participate in “cyber-sex” on or through the App.
E. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
F. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of RDP or any third party or is provided or posted with the permission of the owner(s) of such rights.
G. The App may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
H. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by RDP or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “App Content”). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of RDP or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
I. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, RDP or the App.
J. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App. You may not use the App in any manner that would damage, disable, overburden, or impair the App (or servers or networks connected to the App).
K. You may not attempt to gain unauthorized access to RDP’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.
L. You acknowledge that RDP has not reviewed and does not endorse the content of all sites or services (including other applications) linked to from this App and is not responsible for the content or actions of any other sites, services or applications linked to from this App. Your linking to any service or site is at your sole risk.

2. COMMENTS BY OTHERS ARE NOT ENDORSED BY RDP:
RDP does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise concerning the App, whether or not contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of RDP or its third party providers. You agree that RDP and its third party providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

3. USE OF MATERIAL SUPPLIED BY YOU:
Except as expressly provided otherwise in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the App, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the App (if any) will be available to all users of the App, so you should be mindful of personal information and other content you may wish to post.

4. PROPRIETARY RIGHTS:
You acknowledge that (a) the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) RDP and/or third parties own all right, title and interest in and to the App and content, excluding content provided by you, if any, that may be presented or accessed through the App, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App or content that may be presented or accessed through the App for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the App, (iii) use the App to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter RDP’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
RDP respects the intellectual property of others, and we ask our users to do the same. RDP may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe any of the proprietary property rights of others.

5. MERCHANDISE SOLD ON OR THROUGH THE APP:
Neither RDP nor its third party providers make any warranties with respect to any of the merchandise, products, and/or services which may be featured, mentioned, or sold on or through the App. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of RDP or its third party providers. You agree that RDP and its third party providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the App, including illegal, offensive or illicit items, even items that violate this Agreement.

6. INDEMNIFICATION:
To the maximum extent permitted by law you agree to indemnify, defend and hold harmless RDP, its subsidiary and affiliated entities, and third party providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims, actions, suits, or proceedings, losses, damages, costs, expenses and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the App, or from your breach of this Agreement, or from any such acts through your use of the App.

7. EDITING AND DELETIONS:
RDP reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the App in its sole discretion, without notice. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which RDP specifically disclaims any and all responsibility and liability.

8. EXPORT RESTRICTIONS:
The App may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

9. ADDITIONAL RULES:
RDP reserves the right to communicate through the App or otherwise, from time to time, additional rules of usage that apply to specific parts of the App. Your continued use of the App constitutes your agreement to comply with these additional rules.

10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE APP AT YOUR OWN RISK. THE APP IS PROVIDED “AS IS”, AND RDP, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE APP. RDP, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP.
RDP, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE APP HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR RELIANCE ON THE APP OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT YOU HAVE A CLAIM WHICH MAY BE RECOGNIZED BY SUCH JURISDICTION THEN IN EACH AND EVERY SUCH SITUTION AND WITH RESPECT TO ANY SUCH CLAIM RECOGNIZED, THE MAXIMUM LIABILITY UNDER ANY AND ALL CIRCUMSTANCES OF RDP TO YOU OR ANY PERSON AFFILIATED OR RELATED TO YOU SHALL EQUAL AND BE LIMITED TO THE PURCHASE PRICE OF THE APP.
YOU HEREBY AGREE TO RELEASE RDP, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP.

11. TERMINATION OR SUSPENSION OF ACCESS TO THE APP:
RDP has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice. You may terminate this Agreement at any time by permanently deleting the App from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from RDP or any third party provider if you fail to comply with any provision of this Agreement. In such event, you must immediately delete the App.

12. JURISDICTION:
RDP makes no representation that materials on the App are appropriate, available or legal in any particular location. Those who choose to access the App do so on their own initiative and are responsible for compliance with all applicable laws.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of England and Wales and any action based on, relating to, or alleging a breach of this Agreement must be brought in a court of competent jurisdiction in England. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

13. APPLE INC.:
By accessing this App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that: (i) this Agreement is between RDP and You; Apple is not a party to this Agreement; (ii) Apple and its subsidiaries are third party beneficiaries of this Agreement and 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; (iii) the license granted to you hereunder is limited to a non-transferable right to use the App on the Apple device(s) authorized by Apple that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (iv) Apple has no obligation whatsoever in connection with the functionality or content of the App, or to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the amount you paid for the App, if any (to the maximum amount permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App); (vi) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vii) in the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and/or discharge of such claim; and (viii) you represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. ANDROID MARKET:
By accessing this App through a device utilizing the Android Market owned and operated by Google, you specifically acknowledge and agree that your use of the Android Market is governed by a legal agreement between you and Google consisting of Google Terms of Service (http://www.google.com/accounts/tos) and the Android Market Terms of Service (http://www.google.com/mobile/android/market-tos.html).

15. MISCELLANEOUS:

a. These terms and conditions constitute the entire Agreement between you and RDP relating to the App and govern your use of the App, and completely replace any prior or contemporaneous agreements between you and RDP regarding the App.
b. The failure of RDP to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision, which will still be available to RDP.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

V. PRIVACY
1. THE TYPE OF INFORMATION THE APP COLLECTS:
A. The App generally collects personally identifying information with your specific knowledge and consent. For instance, if you enter a sweepstakes or contest, complete a survey, make a purchase, subscribe to or register for any portion of our services, you may be asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested.
B. RDP may also automatically collect information about the mobile or other device you use to access the App, including for example the make and model of your device, and (if applicable) the type of browser software you use, the operating system you are running, and your Internet Protocol (“IP”) address. In addition, your location may be collected and stored via the functionality of your mobile or other device and, if so, RDP may store and have access to such information.

2. HOW THE APP USES INFORMATION PROVIDED BY YOU:
A. RDP uses personally identifying information you supply through the App to provide you with the service you have requested. For example, we may use your e-mail address to send you a confirmation notice and other information about us and our services. Similarly, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
B. Unless otherwise specified on the App, RDP may sell or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, send us an email at the address set forth at the end of this document. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail. If you’ve registered on any part of the App, please use the mechanism on the App that allows you to change or update your member preferences or information, if available, to keep all such date accurate and up-to-date.
C. We also allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on the App, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us on or through parts of the App that may be managed or participated in by third parties, such as third-party sponsors’ areas. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While RDP will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, RDP does not bear any responsibility for any actions or policies of third parties.
D. We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
E. In addition, we reserve the right to use the information we collect about your mobile or other device (including its location), which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer the App. Location information about your device may specifically be used to show you content and sponsored messaging based on location when and where that feature is available.
F. While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
G. In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by RDP, or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our App users may be among the transferred assets.

3. LOCAL DEVICE STORAGE:
A. The App may place and/or store code or other types of information on your mobile or other device to control the display of ads, to track usage patterns, to deliver editorial content, to record registration and personalization information, and/or other purposes (“Local Device Storage”). For example, if you register on any part of the App and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage. Local Device Storage may also involve your personally identifiable information.
B. Some of our advertisers may also use Local Device Storage or similar technologies in connection with your mobile or other device and, if so, RDP bears no responsibility or liability in connection therewith.
C. We may also use advertising service vendors to help present advertisements on the App. These vendors may use Local Device Storage or similar technologies to serve you advertisements tailored to interests you have shown, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data including for example the make and model of the mobile or other device you are using, and (if applicable) your location, the type of browser software you use, the operating system you are running, IP address, content viewed, ads viewed, and other clickstream data. The use of Local Device Storage or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and RDP disclaims all liability in connection therewith.
D. If you don’t want to be subject to Local Device Storage, your mobile or other device may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the App may not function properly.

4. INFORMATION SECURITY AND NOTIFICATION:
Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, RDP cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the App you agree to assume all risk in connection with the information sent to us or collected by us when you use the App. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you through the App or otherwise via your mobile or other device.

5. KIDS AND PARENTS:
This App is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing the App, or making purchases on or through, the App.
A. If your children disclose information about themselves in publicly accessible areas of the App, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.
B. If you’re worried about your children’s activities or their privacy on the App, we encourage you to contact us as described below.

6. PRIVACY POLICY COORDINATOR:
If you have any concerns or questions about any aspect of this Agreement, please feel free to contact us at: ttc@rainydayprojects.com