Please read this privacy notice carefully, as it contains important information on who we are, how and why we collect, store, use, and share personal information. It also describes your rights in relation to your personal information and on how to contact us and supervisory authorities if there’s a dispute.
Loveman Media, LLC (“Loveman Media,” “We,” or “Us”) collects, uses and is responsible for certain personal information about you, as part of the “Wordcursion” mobile game and its website, located at www.wordcursion.com (together, the “Service”).
For those in the European Union, we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.
Information collected by us: We collect the following personal information either automatically or when you voluntarily provide it to us:
Information shared with us by others: If you create an account on the Service using a third-party social media login like Facebook, your name, Facebook friends, profile picture, and other information will be shared with us (this is also “Account Information”). The legal basis for collecting this information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).
How we use your Personal Information: We use your personal information as follows:
Who we share your Personal Information with: In operating the Service, we may share certain personal information with others:
We will not share your personal information with any other third party.
How long your Personal Information will be kept: We will keep your personal information for the length of time required to provide you with the Service, unless a longer retention period is required by law. Afterwards, we delete all personal information in our possession within a reasonable timeframe. We do not verify the correctness of personal data that we collect or you provide.
Please note that some data may be retained if necessary to resolve disputes, enforce Loveman Media user agreements, and comply with technical and legal requirements and constraints related to the security, integrity, and operation of the Service.
Children’s Privacy: We do not knowingly collect any personal information from children under the age of 13, nor do we allow them to create accounts or use the Service. In addition, we may limit how we collect, use, and store some of the information of EU users between 13 and 16.
Loveman Media takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when online. If you have any concerns about your child’s personal information, please contact us at firstname.lastname@example.org.
If you would like further information, please contact us (see “How to contact us” below).
Under the laws of some jurisdictions, including the General Data Protection Regulation in the EEA, you have a number of important rights with regard to your Personal Information.
If you would like to exercise any of those rights, please email us at email@example.com. We may ask for additional verification information, such as your Account Information, Contact Information, or other information required to be sure that you are the owner of that data.
We hope that we can resolve any questions or concern you raise about our use of your Personal Information. Please contact us via the methods listed below in the “How to contact us” section to let us know about any of your questions or concerns, and we will get back to you to resolve the issue.
If you are an EU citizen, the General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
This privacy notice was last updated on 2/29/2020.
Please read it carefully.
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Loveman Media from time to time; and
1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Loveman Media grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
You understand that you may receive business-related communications from Loveman Media through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Email messages will be accompanied by instructions for opting out.
4.1. Account Creation. You need to register for an Account to use the Service. You may only create an Account if you are at least 16 years old. If you are at least 16 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.
You may create an Account for free by signing up through a registration form on the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Loveman Media immediately of any breach of security or unauthorized use of your Account.
4.2. Accurate Information. When creating your Account, you promise to provide a valid and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
4.3. Suspension of Accounts. Loveman Media may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
4.4. Your Username. If Loveman Media allows you to use a screen name, they may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Loveman Media deems it unacceptable by community standards. Users additionally agree that their usernames:
4.5. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Loveman Media as it sees fit. Loveman Media will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
4.6. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Loveman Media owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
5.1. Your Content. Any communications or material of any kind that you email, post, message, or otherwise transmit to Loveman Media or the public on or using the Service, including photographs, chat, emails, comments, voice recordings, data, questions, comments, or suggestions are known as your “Content.”
Loveman Media does not own your Content. By posting Content, you (i) promise that you are the owner of the Content or have all of the necessary rights to share them, and (ii) hereby give Loveman Media permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
5.2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Loveman Media to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Loveman Media does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Loveman Media. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service.
To be clear, Virtual Items have no real-world value and are licensed, not owned.
Generally, no refunds be given for Virtual Items, except as required by the platform through which you made the purchase. Between you and Loveman Media, all sales of Virtual Items are final when the transaction has been processed. However, Loveman Media may process refunds upon request, at their sole discretion.
Loveman Media may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Loveman Media is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Loveman Media under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Loveman Media will be and remain the sole property of Loveman Media and will be subject to the terms and conditions of this Agreement.
Loveman Media customer support may be reached by contacting us at firstname.lastname@example.org. You agree that you will look solely to Loveman Media in connection with Support Services.
Loveman Media may modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Loveman Media will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Loveman Media may monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
Loveman Media may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Loveman Media or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Loveman Media or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Loveman Media or its affiliates or agents.
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Loveman Media or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.
Loveman Media and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Loveman Media does not control the Linked Services, and Loveman Media and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Loveman Media has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Loveman Media cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Loveman Media or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
The Service is owned by Loveman Media and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Loveman Media. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Loveman Media or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Loveman Media. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information:
Our Copyright Agent may be reached at the following physical or email address:
Attn: Copyright Agent
10821 Magnolia Blvd. #58
North Hollywood, CA 91601
Or by email at: email@example.com
Your use of the Service is entirely at your own risk.
The Service is provided by Loveman Media on an as-is basis. Loveman Media expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Loveman Media makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Loveman Media, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, neither Apple, Google, Amazon, or any other platform from which you downloaded the Service is a party to this Agreement or your purchase or license of the Service. None of the foregoing entities make any warranties, or assume any obligations whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or expenses from the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Game to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
You expressly understand and agree that Loveman Media is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Loveman Media has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Loveman Media and its affiliates will be limited to the fullest extent permitted by law.
You agree to indemnify and hold Loveman Media and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Loveman Media or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
Loveman Media may disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Loveman Media may fully cooperate with any law enforcement authorities or court order requesting or directing Loveman Media to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Loveman Media harmless from any claims resulting from any action taken by Loveman Media during or as a result of its investigations or from any actions taken as a consequence of investigations by either Loveman Media or law enforcement authorities.
The Agreement, and all future agreements you enter into with Loveman Media, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Loveman Media, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 19below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.
For EU users only:In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Loveman Media by sending a message via email to firstname.lastname@example.org. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
19.1. Arbitration Procedures. Unless you live in the EU, you and Loveman Media agree that, except as provided in Section 19.4 below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) with a single arbitrator and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 19.4 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Loveman Media will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Loveman Media may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LOVEMAN MEDIA WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
19.2. Location. The arbitration will be conducted in the city of Los Angeles, California, USA, unless the parties agree to video, phone, or Internet connection appearances.
19.3. Limitations. You and Loveman Media agree that any arbitration will be limited to the Claim between Loveman Media and you individually.
YOU AND LOVEMAN MEDIA AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
19.4. Exceptions to Arbitration. You and Loveman Media agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Loveman Media’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small-claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
19.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned under the JAMS Rules.
19.6. Severability. You and Loveman Media agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 19.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 19.4 is found to be illegal or unenforceable, then neither you nor Loveman Media will choose to arbitrate any Claim falling within that portion of Section 19.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of Los Angeles, California, USA, and you and Loveman Media agree to submit to the personal jurisdiction of that court.
20.1. Agreement Revisions. This Agreement may only be revised in writing by Loveman Media, or by Loveman Media’s publication of a new version on the Service.
20.2. Force Majeure. Loveman Media is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Loveman Media, including any failure to perform hereunder due to unforeseen circumstances or cause beyond Loveman Media’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loveman Media as a result of this Agreement or your use of the Service.
20.4. Assignment. Loveman Media may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Loveman Media’s prior written consent, and any unauthorized assignment by you will be null and void.
20.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
20.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
20.8. Equitable Remedies. You hereby agree that Loveman Media would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
20.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Loveman Media with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Loveman Media with respect to the Service.