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COPPA? EULA? Huh?
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PRIVACY POLICY [COPPA/CCPA/GDPR COMPLIANT] Effective as of
May 2, 2023
We at XOX Studios, LLC (“XOX,” “we,” “us,” or “our”) created this privacy policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of XOX in connection with our online services (the “Services”), which are made available to you through our website located at (the “Site”).
We strive to educate parents and kids about how to appropriately safeguard their privacy when using our Services. We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which requires us to inform parents and legal guardians about our information collection and use practices. COPPA also requires that we obtain parental consent before we allow children under the age of 13 to access and/or use our Services. We urge
kids to check with their parents before entering information through our Site and/or Services, and we recommend that parents discuss with their kids restrictions regarding the online release of
Personal Information (as defined below) to anyone they don’t know.
By visiting our Site and/or using our Services, or by permitting your child to use our Services, you are agreeing to the terms of this Privacy Policy and the accompanying User Agreement.
Information We Collect.
Personal Information
We do not collect any personal information from you unless you voluntarily provide it to us. When you sign up to become a user of the ROBLOX® Site (a “User”), you will be asked to
provide ROBLOX® with certain personal information, such as your first name, last name, email address, and payment information. ROBLOX® generates a unique user ID for every user of the ROBLOX® platform.
In this Privacy Policy, we refer to information which can be used to personally identify an individual as “Personal Information.” Personal Information includes your first name, your
last name, payment information, email addresses, or any other information which can be used to identify an individual.
We at XOX Studios, LLC., do not collect any Personal Information from Users under the age of 13, or of any age. XOX does not collect any personally identifying information. We at XOX only collect your user ID which you created when signing up to use the ROBLOX® platform.
A User’s personal information has been provided to ROBLOX® for platform use and is not passed to us at XOX Studios, LLC. We at XOX only use your username generated through the ROBLOX® sign-up process in order process in game payments; we cannot identify any individuals who interact with our software. Of the in-game payment information, we at XOX only receive the receipt information after any in-game payment is made which contains the ROBLOX® generated user ID only.If you are a User under the age of 13, please do not send any Personal Information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected Personal Information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided us Personal Information in violation of this Privacy Policy, please contact us at jon+privacy@xoxstudios.com.
Usage Information
Unlike most websites we do not collect Usage Information by using cookies or pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users.
We do not track cookies or collect Personal Information via cookies or pixel tags. Data usage analytics are provided by ROBLOX® and may include user ID, username, purchase ID, or position in game for game specific events.
Disclosure of Personal Information to Third Parties. We do not disclose your Personal
Information to third parties because we do not collect your personal information.
How We Protect Your Information. We take commercially reasonable steps to protect all Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee
the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. E-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Accessing and Modifying Account Information. You may update the information that is stored in your user account by e-mailing us at jon+privacy@xoxstudios.com. We strive to help parents ensure that their kids have a safe experience using our Services. Parents or legal guardians can request a review of any Information collected about their child under
13 years of age by contacting the above email. However, no personal information is collected or stored.
Your Choices. If you wish to stop receiving promotional e-mails, you may do so by visiting unknown or by e-mailing jon+privacy@xoxstudios.com. You may also choose to unsubscribe from our e-mails by following the instructions at the bottom of the email.
Links. The ROBLOX® Site may contain content, services, advertising and other materials that link to websites operated by third parties. XOX has no control over the ROBLOX® site, nor any third party affiliate of the ROBLOX® site, and this Privacy Policy does not apply to them. Please refer to the privacy policies of ROBLOX.com and it’s third-party affiliate sites for more information on how the operators of those sites collect and use your Personal Information. Important Notice to Users Outside the U.S. The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site or the Services, you consent to this transfer.
Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using
the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
9. How to Contact Us. If you have questions about this Privacy Policy, please e-mail us at jon+privacy@xoxstudios.com, “PRIVACY POLICY” in the subject line, or mail us at the following address: 531 BROOKSIDE CIR., MAITLAND, Florida 32751.
California Residents
This additional policy explains the rights of California residents regarding the collection, use, sale, and sharing of their personal information under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020
(CPRA). We may update and make changes to this policy, so we encourage you to review it periodically.
1. What we collect: We at XOX Studios, LLC., do not collect personally identifiable information. All information used by XOX is collected from ROBLOX® during the user account creation process. The only information we are provided access to is your unique user identification and payment receipt; all personally identifiable information is held with ROBLOX®.
2. Cookies: We do not collect cookies. All data provided for analytic purposes is provided by ROBLOX® and does not contain personally identifiable information.
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EULA
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SOFTWARE LICENSE AGREEMENT
ON-LINE SOFTWARE GAME END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE ON-LINE SOFTWARE GAME, AND/OR BREAKING THE SEAL ON THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
This Agreement sets forth the terms and conditions of your use of the accompanying game provided by XOX Studios, LLC., (the "On-Line Software Game"). For the purposes of this Agreement, "you" means you, the end user, and "Licensor" means (“XOX Studios, LLC.) and its subsidiaries and affiliates.
1. License Grant. Licensor hereby grants to you a non-exclusive, non-assignable, non- transferable, limited license to use the On-Line Software Game and related documentation (the "Documentation") according to the provisions contained herein and subject to payment of applicable license fees. You are not permitted to lease, rent, distribute, sell, or sublicense the On-Line Software Game or any rights therein. You also may not install the On-Line Software Game on a network server, use the On-Line Software Game in a time-sharing arrangement, or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the On-Line Software Game (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the On-Line Software Game and Documentation. This Agreement does not entitle you to receive any upgrades to or newer versions of this On-Line Software Game.
You agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the On-Line Software Game. You may reproduce and provide one (1) copy of the On-Line Software Game and Documentation for each device, computer, or workstation on which the On-Line Software Game is installed. Otherwise, the On-Line Software Game and Documentation may be copied only as essential for backup or archive purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the On-Line Software Game and Documentation on any copies that you make.
2. No Assignment; No Transfer. You agree not to transfer or assign the On-Line Software Game and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the On-Line Software Game and/or this Agreement, then you must at the same time either transfer any copies of the On-Line Software Game and Documentation to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the On- Line Software Game or rights under this Agreement.
3. No Modification; No Reverse Engineering. You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the On-Line Software Game or assist someone in performing such prohibited acts.4. Law; Import/Export Restrictions. You are responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the On- Line Software Game or any Documentation (or any copies thereof), or any products utilizing the On-Line Software Game or any Documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensor from liability if you violate any such laws or regulations.
5. Title. You agree that Licensor owns and holds all right, title, and interest to the On-Line Software Game and any Documentation, and all subsequent copies thereof regardless of the form or media. Furthermore, all title, ownership rights, and intellectual property rights in the On-Line Software Game and any Documentation shall remain with Licensor, including all corrections, enhancements, or other modifications made thereto. The On-Line Software
Game and any Documentation are protected by copyright and other intellectual property laws and by international treaties. All rights not expressly granted to You under this Agreement are reserved by Licensor.
6. Term and Termination. This license will be perpetual from the date that you first use the On-Line Software Game if the license is not earlier terminated. You may terminate this license at any time by (i) deleting all instances of the On-Line Software Game and Documentation and destroying the On-Line Software Game and any Documentation together with all copies and merged portions in any form, and (ii) certifying to Licensor, in writing, that all copies of the On-Line Software Game and Documentation have been deleted or destroyed. Your license for the On-Line Software Game will also terminate immediately if you fail to comply with any term or condition of this Agreement, file for bankruptcy, become insolvent, or are placed in receivership. Upon such termination, you agree to immediately (i) stop all use of the On-Line Software Game and Documentation, (ii) delete and/or destroy the On-Line Software Game and Documentation, together with all copies thereof, and (iii)
certify to Licensor, in writing, that all copies of the On-Line Software Game and Documentation have been deleted or destroyed. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of
this Agreement.
7. Governing Law. The laws of the State of Florida shall govern the construction of this Agreement and you agree to be subject to personal jurisdiction in the State of Florida for the purposes of enforcing the provisions of this Agreement.
8. Limited Warranty. Licensor warrants that the On-Line Software Game, if operated as directed, will substantially achieve the functionality described. Licensor does not warrant, however, that your use of the On-Line Software Game will be uninterrupted or error-free. Licensor cannot warrant that the 3rd party platform, Roblox®, containing the On-Line Software Game, if provided by Licensor, is free from defects in material and workmanship.
Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion, is to advise you how to achieve substantially the same functionality with the On-Line Software Game as described through a procedure different from that set forth in any Documentation.If any modifications are made to the On-Line Software Game by you during the warranty period, if the media is subjected to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be void.
THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
THE ON-LINE SOFTWARE GAME REMAINS WITH YOU.
9. Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, [LICENSEE,] OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE ON-LINE SOFTWARE GAME.
10. Indemnification. You agree to defend, indemnify, and hold harmless Licensor, its suppliers, and its resellers from and against all liabilities, costs, damages, and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims from anybody that result from or relate to your use, reproduction, or distribution of the On-Line Software Game, or your breach of any representation, warranty, or obligation under this Agreement.
11. Severability. In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired.12. Entire Agreement. You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Licensor, and supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this agreement. This Agreement may only be modified by a written agreement signed by both you and an authorized representative of Licensor.
13. Acknowledgment. By downloading, installing, or using any part of this On-Line Software Game, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
14. Force Majeure. Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, public health related orders or quarantines, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
15. Waiver. The failure or delay by Licensor to require performance of any provision of this Agreement does not constitute a waiver. All waivers by Licensor must be provided in writing and signed by Licensor in each instance, and a waiver in one instance does not constitute a waiver in any subsequent instance.
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