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Legal

  • This End User License Agreement (“EULA”) or (“Agreement”) sets forth the Terms and Conditions governing the use of any Top Tier Studio software or mobile applications downloaded or otherwise acquired by you (the “App”) that is designed to operate on any device you own or control which runs any mobile operating system (“Device”).

    By using this App, you agree to be bound by the terms and conditions of this Agreement.

    You acknowledge that this Agreement is entered into by and between you and the Top Tier Studio affiliate identified in the App as licensor of the App, and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. If documentation is provided with the App, you may copy and use the documentation for your internal, reference purposes.Your use of the App is subject to the Top Tier Studio Registered User Agreement (http://www.toptierstudio.com/useragreement), including the Top Tier Studio Mobile Applications Terms and Conditions (http://www.toptierstudio.com/terms ) and the Top Tier Studio Website Privacy Policy (http://www.toptierstudio.com/privacypolicy). References therein to Top Tier Studio websites, to ‘the Site’ or the “Service” will be deemed to include any Top Tier Studio content or services which are included in or accessible from the App.

    You must also comply with the usage rules established by any Service Providers that apply to your Device (“Usage Rules”). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App, and (iii) the third party from whom you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device. If you do not wish to accept this Agreement, do not use the App.

    Changes
    Top Tier Studio reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after notification (including by posting a notice on the applicable Top Tier Studio website) for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.

    Security
    The information that the App collects may be stored locally on your Device and may be transmitted to our servers in the United States (“U.S.”), and/or other countries where Top Tier Studio, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Top Tier Studio uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the App.

    User control and uninstall
    You can access and change user settings for the App and or delete the app or account at any time from your Device. Uninstallation methods vary depending on your Device. To uninstall the App, please consult your Device manual.

    Grant of license
    Top Tier Studio grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Device. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Top Tier Studio or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Top Tier Studio or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. Top Tier Studio may provide Updates and/or support. If provided by Top Tier Studio, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Top Tier Studio to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.

    License Restrictions
    You agree to the following license restrictions: (a) to use the App solely for your personal use; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the App; and (h) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.

    Trademark Restrictions
    All software and mobile applications provided by Top Tier Studio are owned, operated by Top Tier Studio. Any use of mobile application names or logos without prior written consent from Top Tier Studio is strictly forbidden.

    Term and Termination
    The license is effective for an indefinite period of time, until Top Tier Studio terminates it, or until you provide notice to Top Tier Studio of your decision to terminate (via delete or uninstall said app). Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Top Tier Studio reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of the license to the App, you will cease all use of the App.

    Warranty
    The App is provided subject to the ‘End User License Agreement and Privacy Policy’ section of the Top Tier Studio Website. Service Providers have no warranty obligation hereunder and give no guarantees with respect to the App or in relation to the sale, distribution or use thereof. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to Top Tier Studio’s warranty will be Top Tier Studio’s sole responsibility. To the extent permitted by applicable law, Service Providers exclude any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Service Providers shall not be responsible for any breach of this Agreement.

    Product Claims
    You acknowledge that Top Tier Studio, not any Service Provider, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    Intellectual Property Rights
    You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, Top Tier Studio, not any Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    Third Party Beneficiary
    You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

    Product Questions and Contact
    The Top Tier Studio that licenses the App, not any Service Provider, is responsible for addressing any questions, comments or claims relating to the App and/or your use of the App. See below the Top Tier Studio contact information:
    Top Tier Studio, can be contacted at contact@toptierstudio.com

    Legal Compliance
    You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.

  • This privacy policy governs your use of any software applications (“Application”) for software and mobile devices that was created by Top Tier Studio. All applications have specific and different features depending on the use and design of the application. Please refer to the specific software or mobile application for its intended use and features.

    User Provided Information
    All applications obtain different registration information when you download and register with the Application. All data completed when registering each application is for security purposes and and using the applications please keep in mind that you may not be able to use some of the features offered by the Applications unless you register with us.

    When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) information you provide to us when you contact us for help, and; (c) information you enter into our system when using the Application, see specific application for details.

    We may also use the information you provided us to contact your from time to time to provide you with important application information, required notices and marketing promotions.

    Automatically Collected Information
    In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

    Does the Application collect precise real time location information of the device?

    Mobile Applications do not collect precise information about the location of your mobile device.

    Do third parties see and/or have access to information obtained by the Application?

    Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

    We may disclose User Provided and Automatically Collected Information:

    • as required by law, such as to comply with a subpoena, or similar legal process;
    • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
    • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
    • if Top Tier Studio is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

    Opt-out
    You may opt-out at any time and data collection of information will stop by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

    Data Retention Policy, Managing Your Information
    We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for an unlimited time, or until the user deletes or uninstalls the application. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at privacy@toptierstudio.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

    Children
    We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at contact@toptierstudio.com. We will delete such information from our files within a reasonable time.

    Security
    We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

    Changes
    This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

    Your Consent
    By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

    Contact us
    If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at contact@toptierstudio.com