Terms & Policies

Updated on August 14, 2019

Terms of Use

Welcome to Frameplay! We provide an intrinsic virtual advertising platform that allows advertisers to reach gamers without negatively impacting gameplay.

These Terms of Use govern your use of Frameplay, a website and online platform owned by Frameplay Corporation (“Frameplay,” “Company,” “We,” “Our”), which also includes all related software development kit, widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use Frameplay.

Acceptance of Terms of Use

Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Accept,” in which case you may not use the Services. By accepting to the Terms of Use and creating an account, you represent and warrant that the information you include on the Website is accurate and that you have the capacity to enter into and abide by these terms and conditions.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in the footer of these Terms of Use.

When we make any updates to these Terms of Use, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of Use.

Description of the Services

Frameplay is a cloud-based advertising platform that enables brands to deliver highly targeted intrinsic virtual advertisements.  These ads can be deployed into virtual environments with zero negative impact on the gameplay experience.  Game developers are able to register games and ad spaces, track performance, and clearly understand where and why revenue is being generated. Advertisers create campaigns, specify their target audience or region and easily monitor their campaigns on the platform in real time.  Advertising agencies can easily manage all of their client campaigns and budgets, track top performers, and pinpoint opportunities from live metrics.

Your Frameplay Account

Access to the Services are only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy.

When you first create a Frameplay account, you may register as a game publisher, advertiser, or advertising agency.  We ask you to input your name, organization name, email address, phone number, and create a password.  We will then send you a verification code to your email address to finalize the registration. To better protect all of our information, we may implement a two-factor authentication (“2FA”), a security measure to provide a second layer of protection when accessing our Services.

All account information will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

All registered members of Frameplay are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Frameplay passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Frameplay account and password; (3) inform Frameplay of any need to deactivate their password or change their registration, as soon as possible.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Company in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time through our Services, or you can contact us at support@frameplay.gg.

Your Frameplay Dashboard

Once you create and login to your Frameplay account you will have access to your dashboard.

If you register as a game publisher, your dashboard with allow you to create a new game and enter its title, genre, development stage, game rating, content restrictions and whether the game is compliant with The Children's Online Privacy Protection Act (COPPA). Upon creating a game, game publishers will be able to create ad spaces in the game that will then appear in the ad spaces dashboard for customization.

Game publishers are solely responsible for determining content restrictions.  Frameplay expressly disclaims any liability related to setting improper content restrictions for a specific game.

If you register as an advertiser or advertising agency, your dashboard will allow you to manage your advertisements. You will be able to create a new ad that involves defining your goals, choosing the product or service to promote, naming the advertisement, genre and gaming platforms that you wish to target.  You will also be able to choose your audience by location, language, gender, age range, content restrictions and state whether the ad is COPPA compliant.  Finally, you will be able to set a budget, including daily spend limit, and make bids for advertising spaces before ultimately uploading advertisements on Frameplay’s platform.

Advertisers and/or advertising agencies are solely responsible for inputting the proper audience information.  Frameplay expressly disclaims any liability related to improper audience and content restrictions for a specific game.

Your Use of the Services

Subject to your strict compliance with these Terms of Use, Frameplay grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

(iii) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Frameplay either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
  • any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Services; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that Frameplay has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

User License Grant to Frameplay

Subject to the obligation to maintain the confidentiality of Personal Information about a user as identified in the Privacy Policy, You, as a user of the Services grant Frameplay a non-exclusive, fully paid-up, royalty-free, perpetual, and irrevocable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit your de-identified (anonymized) Personal Information and information about Your use of the Service to:

  • improve the Service or the functionality of Frameplay;
  • to respond to user inquiries or technological issues or problems;
  • for external and internal marketing purposes;

to comply with applicable laws; for example, to respond to regulatory authorities responsible for oversight of government benefit programs or our operations; to parties or courts in the course of judicial or administrative proceedings; to law enforcement officials during an investigation

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of Frameplay do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Frameplay, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

  • A description of the copyrighted work that you claim is being infringed;
  • A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
  • Your address, telephone number, and email address;
  • The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
  • The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
  • An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reached at legal@frameplay.gg.

We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Billing, Payment, Taxes and Fees

All financial transactions will be performed through Stripe and TransferWise, both third-party billing and payment platforms.

Fees for our Services are detailed on our website and platform.  Frameplay may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes on the website with at least 30 days notice. You agree to pay all amounts due in your account, quote or invoice and in accordance with Frameplay’s payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Frameplay may deactivate your access to the Services.  

Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Frameplay such additional amounts as are necessary to ensure receipt of the full amount that Frameplay would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Frameplay’s net income.  In the event that Frameplay is required to collect any tax for which you are responsible, you will pay such tax directly to Frameplay or its payment processor.  Frameplay reserves the right to collect any applicable sales, use or value added tax.

All sales are final and there shall be no refunds except as required by law. Further, Frameplay will not allow changes to your purchase after you complete it. Frameplay may disable all access to the Services you have licensed to in the event you fail to make all payments when due.

You acknowledge and agree that any estimates of fees and charges provided to you by Frameplay are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue.

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;

(B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;

(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;

(E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;

(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of Use or

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

User-submitted content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to Frameplay that such content is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content. Frameplay makes no claims to ownership of Content including photos and videos that you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Frameplay and our affiliates a worldwide, nonexclusive, perpetual, global, royalty-free right and license (subject in all cases to the Privacy Policy) as set below:

with respect to Content other than photos, graphics, audio, video, or writing that you submit, post, or otherwise make available to public areas of the Services (e.g. not intended as a private communication), the license to use, reproduce, publish such Content (in whole or part) via the Frameplay website and platform; and

with respect to photos, graphics, audio, video or writing, including community messages, content or other material posted in public areas of the applications, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with European Union and California privacy law. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

Applicable Law and Jurisdiction

If a dispute arises between you and Frameplay, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Availability of Services

Frameplay may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.

Termination

You agree that Frameplay may terminate your account at any time for your violation of any of the provisions of these Terms.

If you are dissatisfied with the Frameplay Services, please let us know by e-mailing us at support@frameplay.gg. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Frameplay in providing the Services, or (d) any content or information transmitted through the Website or the app, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Frameplay notice of termination by emailing us at support@frameplay.gg.

Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Frameplay's prior written consent, but may be assigned by Frameplay without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

No agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Frameplay as a result of these Terms or use of the Frameplay Services.

Complete Agreement

These Terms constitute the entire agreement between you and Frameplay with respect to the use of the Frameplay Site and Content. Your use of the Frameplay Site is also subject to the Frameplay Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact us

For questions or comments about the Terms, please email us at support@frameplay.gg.

Privacy Policy

Frameplay Corporation (“Frameplay,” “Company,” “We,” “Our”) respects your privacy and is committed to protecting it through our compliance with this policy.  This document details the types of information we may collect or that you may provide when you access, use or register with Frameplay’s website and online platform (collectively “Services”) and our practices for using, maintaining, protecting and disclosing that information.

It is extremely important to note that our Services are being provided to game developers, advertisers, and advertising agencies (collectively “You”) for the purpose of facilitating integrated in-game advertisements.  If you are a game developer, you bear the burden of informing players of your games (“Users”) in your legal documents or otherwise that you use our Services to integrate advertisements into your game.

Please read this carefully to understand our policies and practices regarding your information and how we will treat it. By using or registering with our Services, you agree to this Privacy Policy. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates as it may change from time to time.

Information We Collect and How We Collect It

We collect information from and about users of our Services:

  • Directly from you when you provide it to us.
  • Automatically when you use the Services.

Information You Provide to Us

When you use or register with the Services, we may ask you provide information by which you may be personally identified, such as your name, organization name, business ID number, email address, telephone number, location, credit card information and any other identifier by which you may be contacted online or offline ("Personal Information").  

This information includes:

  • Information that you provide by filling in forms in the Services. This includes information provided at the time of registering to use the Services, using the Services, posting material and requesting help.
  • Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Services or receiving payment.  However, all financial transactions will be performed through Stripe and TransferWise, both third-party billing and payment platforms.
  • Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us. We may also ask you for information when you report a problem with the Services.
  • Your responses to surveys that we might ask you to complete for research and development purposes.

Automatic Information Collection  

When You or Users access or use our Services, we may use technology to automatically collect:

  • Usage Details. When Users play games or use applications developed using Frameplay software, we may automatically collect certain details of the User’s access to and use of the game or application, including traffic data, gameplay data, date/time of access, requested pages, location data, logs and other communication data and the resources that Users access and use on or through the game or application.
  • User Device Information. When Users play a game or use applications developed using Frameplay software, we may collect information about their computer, mobile device, gaming device and internet connection, including the computer, mobile device or gaming device's unique device identifier, IP address, operating system, browser type, graphics card information, screen resolution, mobile network information and the device's telephone number, if applicable.
  • Developer Software Information. When You use Frameplay software to develop a game or application, we may collect your IP address, operating system, username, hardware ID, organization ID, and project ID and aggregated usage statistics.
Cookies, Web Beacons, and Tracking

Our Services use cookies, which are small text files that are intended to make the Services better for you to use. In general, cookies are used to retain preferences, store information for things like shopping carts, and provide tracking data to third-party applications like Google Analytics. You may, however, disable cookies on the Services. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or doing your own web research on how to disable cookies.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from our website or app to a third-party website, that website may have the ability to recognize that you have come from Frameplay by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

The Services also use third-party analysis and tracking services to track the performance of our services, understand how you use our services, and offer you an improved and safer experience.

Information on your usage of our Services may be collected and processed by Frameplay Corporation or a third party engaged by Frameplay using a unique identification number assigned to you. Such usage information will be deleted as soon as this information is no longer required for the purpose collected, and will not be shared with third parties until after being anonymized.

Use of Personal Information We Collect

We may use the information we collect from You in the following ways:

  • To set up your account with us.
  • To personalize your user experience and to allow us to deliver the type of content and offerings in which you are most interested.
  • To analyze use of the relevant ad, site, game, product, or software, and to deliver and target advertising as provided by you.
  • To deliver service messages and other services and content you request and send information related to accounts and services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages, and to enable user-to user communication.
  • To conduct an aggregated analysis of the performance of our Services, including referral data if you arrive at our website from an external source.

All the data we collect at Frameplay is necessary for us to deliver the services you use. The amount we collect has been minimized wherever possible to respect your privacy.

Should you still disagree with the collection and processing of this data, we recommend you stop using our services or contact us at support@frameplay.gg to delete your account.

How We May Share Information We Collect
  • To provide to third party service providers that perform services on our behalf, such as third-party payment platforms Stripe and TransferWise.
  • To game developers using Frameplay who will have ongoing access to data about the Users of their games and apps and any associated data, such as user ID, device ID, app ID, purchasing data, and actions completed within their games.
  • For advertising purposes, we may utilize the data collected from developers’ games and applications, including User engagement with an advertisement, to place personalized ads in those games, apps and elsewhere.
  • For advertising purposes, we may permit advertisers and their agents to use cookies or related technologies within the Services to store information on or read information from Users’ browser or device, including but not limited to their IP address, location and email address, so that they can optimize their advertising campaigns and deliver targeted ads.
  • In the form of unidentifiable or aggregated information, we may modify information about Your and Users’ use of the Services and games or applications that use Frameplay software. We can share de-identified and/or aggregated information with any third party without restriction and use it for any purpose.
Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Data Retention

We retain personal information we collect from You and Users where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process personal information, we will either delete or anonymize it or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store personal information and isolate it from any further processing until deletion is possible.

Security of Your Personal Information

The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our Services, we encrypt that information using secure socket layer technology (SSL).

Frameplay takes reasonable security measures to protect your Personal Information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are impenetrable.

If you use a password on the Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please notify us immediately.

Your Data Protection Rights Under The General Data Protection Regulation (GDPR)

If You or a User are a resident of the EEA, you have the following data protection rights:

  • If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time at support@frameplay.gg.
  • In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights at support@frameplay.gg.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us at support@frameplay.gg.
  • Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

California Privacy Rights

California residents have the right to request the identity of any third parties to whom personal information was shared if the purpose of the sharing was to enable third party direct marketing.  If you are a California resident and wish to opt out of the sharing of this information, please contact us at support@frameplay.gg.

Updating and Accessing Your Personal Information

If your Personal Information changes, we invite you to correct or update your information. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, request that we no longer use your information to provide you services, or delete your Personal Information, you may do so through your account settings, or contact us at support@frameplay.gg. We will respond to your request to have your Personal Information updated as soon as possible. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Choices About Use of Your Information

Game publishers or advertisers may log in to their account to view and update information. You can request that your account be deleted, however, certain financial record keeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records.

You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes, including messages about your current Frameplay account and services.

Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests.

Third-Party Disclosure and Links

The Services may include links to other websites whose privacy practices may differ from those of Frameplay. If you submit Personal Information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any third-party websites you visit.

Notice Concerning The Information Of Children

Frameplay is not directed to children under the age of 13 and does not intentionally collect any information from children under the age of 13. Please contact us if your child has provided Personal Information to us and we will delete the information.

International Data Transfers

We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

Changes to This Policy

Frameplay may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date below and may notify you by email (sent to the e-mail address specified in your account). We encourage you to review this Policy whenever you visit the Services to understand how your Personal Information is used.

Questions About This Policy

If you have any questions about this Policy, our practices related to the Services, or if you would like to have us remove your information from our database please feel free to contact us at support@frameplay.gg.