Frameplay, Adverty, and AdInMo Unveil Groundbreaking In-Game Advertising PartnershipFrameplay, Adverty, and AdInMo Unveil Groundbreaking In-Game Advertising Partnership
Read more
Terms & policies
Updated on January 01, 2023
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.
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.
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.
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.
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.
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.
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:
(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.
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:
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
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For questions or comments about the Terms, please email us at support@frameplay.gg.
Frameplay (“we,” “us,” “our”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) describes how we collect, use and disclose personal data and the choices you have related to this.
Please review this Policy carefully to understand our practices regarding your personal data. If you do not agree with the practices described in this Policy, please do not access or use our Websites or Services (defined below). By using or registering for our Services, you agree to this Policy.
This Policy is only applicable to data collected from our customers (such as game developers or publishers, advertisers and advertising agencies) through frameplay.gg and other websites managed by Frameplay (collectively, the “Websites”), through our online platform, Frameplay SDK, and related software (collectively, the “Services”), and in the course of our sales and marketing activities, such as through email newsletters, online and in person events, and other interactive features and communications.
NOTE: Our Services are provided to game developers, advertisers, and advertising agencies for the purpose of facilitating integrated in-game advertisements. If you are a game developer or publisher, you are responsible for appropriately informing players of your games (“Users”) that you use our Services to integrate advertisements into your game and securing any User consents required by law to allow us to provide you the Services. For information on the personal data we collect using our Services from Users when Users interact with a game utilizing our Services, please see our Technology Privacy Policy here.
This Policy does not apply to any third party websites, applications or business to which we link or who may link to us. You should review the privacy policies of those third parties to understand how they may collect and use your personal data.
The categories of personal data we collect may differ depending on how you interact with us.
Personal Data You Provide to Us
We may collect the following personal data that you provide to us.
When you access or use our Services or Websites, we may use technology to automatically collect personal data:
We, as well as third parties that provide content, advertising, or other functionality on our Services and Websites may use cookies, pixel tags/web beacons, and other technologies that automatically collect information through your use of the Services or Websites.
Our uses of these technologies fall into the following general categories:
Information on your usage of our Services may be collected and processed by us or a third party engaged by us 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.
We may obtain personal data about you from other sources, including business contact information from third party providers, such as event co-hosts, B2B intelligence platforms, or your company, if the Services are provided to you via your company. We may also obtain information about you from publicly available third party sources, like social media.
How we use your personal data depends how you interact with us. The specific purposes of which we use the data we collect about you are listed below. In some jurisdictions, including those subject to the EU General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK GDPR”) we may only process your personal data when we have a legal basis to do so. Our legal basis for processing your personal data is listed with each purpose for processing below.
We may use the information we collect from you in the following ways:
Except for as mentioned below, we do not share personal data that we collect from our customers with any other companies. We will not sell your personal data as part of a customer list or similar transaction.
We may share your personal data as follows:
Our Services may be used to process personal data on behalf of you, our customer. We do not have any direct relationships with Users, to whom the data belongs. Users who would like to access, correct or delete personal data processed by us on behalf of a game publisher, advertiser or advertising agency may direct their questions to the applicable game publisher, advertiser or advertising agency. We use and disclose this personal data as permitted by our customer agreements and as required by law.
We retain personal data we collect from you as needed to fulfill the purposes for which it was collected. We may retain your information as needed to provide you services, comply with our business requirements and legal obligations, resolve disputes and enforce our rights and agreements. When your personal data is no longer needed for the purposes for which it was collected and there is not a business or legal reason to retain your personal data, 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. To request the deletion of your personal data before the expiry of our retention period, please see the Contact Us section.
The security of your personal data 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).
We take appropriate measures to protect your personal data, including organizational, technical and physical precautions to help protect against unauthorized access to, alteration of or destruction of your personal data. While we follow industry standards and best practices to protect your data, please be aware that despite our efforts, no security measures are impenetrable and no transmission of data over the internet or any public network can be guaranteed to be 100% secure.
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.
We respect your control over your personal data and, upon request, we will confirm whether we hold or are processing data that we have collected from you. You also have the right to amend or update inaccurate or incomplete data, request deletion of your personal data, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or fulfillment involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.
You can contact us as provided in the Contact Us section to exercise these rights. You may also be able to take action yourself through the methods listed below.
We are a global company headquartered in the United States, with entities, operations and service providers around the world. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have an adequacy decision by the European Commission and may not have the same data protection laws as the country in which you initially provided the information. We have put appropriate safeguards in place to ensure that your personal data receives an adequate level of security regardless of the country in which it is processed. This includes entering into agreements with written assurances from our service providers, including, as required, standard contractual clauses for the transfer of personal data as approved by the European Commission and the British Information Commissioner’s Office. Depending on the particular circumstances of the transfer, we may use the GDPR Standard Contractual Clauses Controller – Controller, Controller – Processor, or Processor – Processor, and/or the UK Standard Contractual Clauses Controller-Controller or Controller – Processor. Our standard contractual clauses can be provided upon request.
If you are located in the European Economic Area, Switzerland, or United Kingdom, you have additional data privacy rights that include the right to:
To exercise these rights, please contact us as provided in the Contact Us section below.
We also participate in the IAB Europe Transparency & Consent Framework and comply with its specifications and policies. Frameplay’s identification number within the framework is 970.
California and Virginia residents have certain rights under state privacy law with respect to personal data we collect. If you are a resident of these states, this section contains disclosures required by law and explains rights that may be available to you.
California Notice and Disclosures
This California Privacy Notice applies to our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them and whether we have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
| Category of Personal Information Collected by Frameplay | Category of Third Parties Information is Disclosed for a Business Purpose |
|---|---|
| Identifiers: a real name, alias, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. | AffiliatesService Providers |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name, employment, employment history, financial or banking information, signature. | AffiliatesService Providers |
| Commercial information: records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | AffiliatesService Providers |
| Employment Information: professional or employment information. | AffiliatesService Providers |
| Geolocation Data: physical location. | AffiliatesService Providers |
| Internet or other electronic network activity: browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement. | AffiliatesService Providers |
The categories of sources from which we collect personal information and our business and commercial purposes for sharing and using personal information are set forth in the Personal Data We Collect and How We Collect It, How We Use Your Data and Legal Basis for Processing, and How We Share Your Data sections above, respectively. Information on how long we retain your personal information is set forth in the Data Retention section above.
For purposes of the CCPA, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Your Rights
If you are a California or Virginia resident, you may have additional rights under the CCPA, the California Privacy Rights Act (“CPRA”), or the Virginia Consumer Data Protection Act of 2021 (“VCDPA”) that include the right to:
To exercise your rights, including opting out of the sale or sharing of your information, or limiting the use and disclosure of sensitive personal information, please contact us as provided in the Contact Us section.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in the Contact Us below and provide written authorization signed by you and your designated agent.
In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services. If we can’t verify your identity, we will not provide or delete your data.
You will not be discriminated against for exercising your privacy rights under the CCPA and CPRA.
Our Services are intended for general audiences and are not directed to children (usually considered to be under 13 in the United States and 16 in the European Economic Area, depending on where you reside). We do not knowingly record or collect personal information from children in accordance with applicable legal and regulatory obligations, such as the Children’s Online Privacy Protection Act (“COPPA”) in the United States.
A parent or guardian who becomes aware that his or her child has provided us with personal data may contact us and we will attempt to delete the child’s data as soon as possible.
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 data is used.
If you have any questions about this Policy, or to exercise any of your data privacy rights, please email us at privacy@frameplay.gg.
You can also contact us at our mailing address below:
500-B Montgomery Street
San Francisco, CA 94111
USA
Attn: Data Privacy – Legal
Frameplay Corporation and its affiliates (“we,” “us,” “our”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) describes how we collect, use and disclose personal data from individuals (“you,” “your”) who interact with games that use our online platform, the Frameplay SDK, and related software (collectively, the “Services”) and the choices you have related to this.
Please review this Policy carefully to understand our practices regarding your personal data.
NOTE: This Policy does not apply to (i) data collected about our customers (game publishers, advertisers and advertising agencies) or visitors to frameplay.gg and other websites managed by Frameplay (collectively, the “Websites”), (ii) data collected from our customers through our Services or (iii) data collected in the course of our sales and marketing activities, such as through email newsletters, online and in person events and other interactive features and communications. That information can be found in our Corporate and Website Privacy Policy here.
This Policy also does not apply to the collection, use and disclosure of personal data by our customers through their games, which is governed by their own privacy policies and practices. This Policy further does not apply to any third party websites, applications or business to which we link or who may link to us. You should review the privacy policies of those third parties to understand how they may collect and use your personal data.
About Us
Frameplay provides software and related services to mobile, PC, and console game publishers that enables game publishers to deliver intrinsic advertisements within their games. These ads allow your favorite game titles to generate revenue without compromising the gaming experience. Our platform also allows advertisers and advertising agencies to place ads within the games that use our software and related services based on the audience they are trying to reach. In this Policy, we refer to game publishers, advertisers and advertising agencies collectively as our “customers.”
When you play a game that uses our Services, our software automatically collects certain information about you and your device, which is sent to us by the game publisher using our Services. This information does not allow us to directly identify you (for example, we do not know your name or contact information), but it may be considered personal data under applicable data privacy laws. We also may collect personal data about you provided to us by the game’s publisher if you have consented to sharing such information. Please note that when we do not have a direct relationship with you, the game publisher will ask you to consent to allow our processing of your data and is responsible for applying with applicable laws and regulations to allow us to perform our Services.
Data We Automatically Collect
When you interact with a game that uses our Services, we use the Frameplay SDK and other software to automatically collect the following types of personal data:
We, as well as third parties that provide content, advertising, or other functionality on our Services may use cookies, pixel tags/web beacons, and other technologies that automatically collect information when you play a game using our Services.
We may obtain personal data about you from other sources, such as third party advertising platforms, consumer data vendors, and partners that separately collect and use personal data to enable our and their customers to deliver targeted advertising using the Services. As an example, we work with third-party advertising companies that use information about your visits to various websites or applications across multiple devices in order to provide you with content and ads of interest across devices that they think are associated with you or your household. We may then use this third party data in combination with data we collect through our Services to deliver you targeted ads within a game.
The specific purposes of which we use the data we collect about you are listed below. In some jurisdictions, including those subject to the EU General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK GDPR”) we may only process your personal data when we have a legal basis to do so. Our legal basis for processing your personal data is listed with each purpose for processing below.
We may use the information we collect from you in the following ways:
We share your personal data only in ways described in this policy. We may share your personal data as follows:
We retain personal data we collect from you as needed to fulfill the purposes for which it was collected. We may retain your information as needed to provide you services, comply with our business requirements and legal obligations, resolve disputes and enforce our rights and agreements. When your personal data is no longer needed for the purposes for which it was collected and there is not a business or legal reason to retain your personal data, 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. To request the deletion of your personal data before the expiry of our retention period, please see the Contact Us section.
We take appropriate measures to protect your personal data, including organizational, technical and physical precautions to help protect against unauthorized access to, alteration of or destruction of your personal data. While we follow industry standards and best practices to protect your data, please be aware that despite our efforts, no security measures are impenetrable and no transmission of data over the internet or any public network can be guaranteed to be 100% secure.
We respect your control over your personal data and, upon request, we will confirm whether we hold or are processing data that we have collected from you. You also have the right to amend or update inaccurate or incomplete data, request deletion of your personal data, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or fulfillment involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.
You can contact us as provided in the Contact Us section to exercise these rights.
We are a global company headquartered in the United States, with entities, operations and service providers around the world. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have an adequacy decision by the European Commission and may not have the same data protection laws as the country in which you initially provided the information. We have put appropriate safeguards in place to ensure that your personal data receives an adequate level of security regardless of the country in which it is processed. This includes entering into agreements with written assurances from our service providers, including, as required, standard contractual clauses for the transfer of personal data as approved by the European Commission and the British Information Commissioner’s Office. Depending on the particular circumstances of the transfer, we may use the GDPR Standard Contractual Clauses Controller – Controller, Controller – Processor, or Processor – Processor, and/or the UK Standard Contractual Clauses Controller-Controller or Controller – Processor. Our standard contractual clauses can be provided upon request.
If you are located in the European Economic Area, Switzerland, or United Kingdom, you have additional data privacy rights that include the right to:
To exercise these rights, please contact us as provided in the Contact Us section below.
We also participate in the IAB Europe Transparency & Consent Framework and comply with its specifications and policies. Frameplay’s identification number within the framework is 970.
California and Virginia residents have certain rights under state privacy law with respect to personal data we collect. If you are a resident of these states, this section contains disclosures required by law and explains rights that may be available to you.
California Notice and Disclosures
This California Privacy Notice applies to our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them and whether we have sold, shared or disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
| Category of Personal Information Collected by Frameplay | Category of Third Parties Information is Disclosed for a Business Purpose | Category of Third Parties to Which Information is Shared or Sold |
|---|---|---|
| Identifiers: a real name, alias, unique personal identifier, online identifie, Internet Protocol address, email address, or other similar identifiers. | AffiliatesCustomersThird Party VendorsService Providers | AffiliatesCustomersThird Party VendorsService Providers |
| Protected classification characteristics under California or federal law: such as age (40 years or older), race, color, national origin, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. | AffiliatesCustomersService Providers | AffiliatesCustomersService Providers |
| Commercial information: records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | AffiliatesCustomersService Providers | N/A |
| Employment Information: professional or employment information. | AffiliatesService Providers | N/A |
| Geolocation Data: physical location. | AffiliatesService Providers | AffiliatesThird Party VendorsService Providers |
| Internet or other electronic network activity: browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement. | AffiliatesCustomersService Providers | AffiliatesCustomersThird Party VendorsService Providers |
| Inferences drawn from other personal information to create a profile about a consumer: profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes. | AffiliatesCustomersService Providers | AffiliatesCustomersThird Party VendorsService Providers |
The categories of sources from which we collect personal information and our business and commercial purposes for sharing and using personal information are set forth in the Personal Data We Collect and How We Collect It, How We Use Your Data and Legal Basis for Processing, and How We Share Your Data sections above, respectively. Information on how long we retain your personal information is set forth in the Data Retention section above.
We do not “sell” personal information as the term is commonly understood, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age. We do share information for the purposes of cross-context behavioral advertising, including delivering personalized ads as explained above. You have the right to opt out of the sale or sharing of your personal information by contacting us as set forth in the Contact Us section below.
Your Rights
If you are a California or Virginia resident, you may have additional rights under the CCPA, the California Privacy Rights Act (“CPRA”), or the Virginia Consumer Data Protection Act of 2021 (“VCDPA”) that include the right to:
To exercise your rights, including opting out of the sale or sharing of your information, or limiting the use and disclosure of sensitive personal information, please contact us as provided in the Contact Us section.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in the Contact Us below and provide written authorization signed by you and your designated agent.
In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. If we can’t verify your identity, we will not provide or delete your data.
You will not be discriminated against for exercising your privacy rights under the CCPA and CPRA.
Our Services are intended for general audiences and are not directed to children (usually considered to be under 13 in the United States and 16 in the European Economic Area, depending on where you reside). We do not knowingly record or collect personal information from children in accordance with applicable legal and regulatory obligations, such as the Children’s Online Privacy Protection Act (“COPPA”) in the United States.
A parent or guardian who becomes aware that his or her child has provided us with personal data may contact us and we will attempt to delete the child’s data as soon as possible.
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. We encourage you to review this Policy frequently to understand how your personal data is used.
If you have any questions about this Policy, or to exercise any of your data privacy rights, please email us at privacy@frameplay.gg.
You can also contact us at our mailing address below:
Frameplay Corporation
500-B Montgomery Street
San Francisco, CA 94111
USA
Attn: Data Privacy – Legal
As explained in our Technology Privacy Policy, Frameplay’s disclosure and use of personal information may constitute “sharing” of personal information. Furthermore, to the extent our use of your personal information constitutes a “sale” of personal information, you may opt out of the sharing or sale of your personal information by contacting us using either of the methods below:
You may also use either contact method above to instruct us to limit the use and disclosure of any sensitive personal information we collect about you.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please provide written authorization signed by you and your designated agent.
In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
You will not be discriminated against for exercising your privacy rights.
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.