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TOS and PRIVACY POLICY - Free Sticker Maker

These Terms of Service ("TOS", "Terms") and Privacy Policy govern your use of Free Sticker Maker ("Application", "App", "Service") and the landing page fsm.fan ("Site"): The Application is a software for Android devices created by Memento Apps, Inc ("Memento Apps", "us", "we") and the Site is a web page with a preview of the stickers of a shared pack.

The App is also known as Animated Sticker Maker (FSM). Depending on the store where it is published. The package id is always alpha.sticker.maker

Please read these Terms and Privacy Policy carefully before using the App.

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms and Privacy Policy. These Terms and Privacy Policy apply to all visitors, users and others who access or use the Service.

 

Terms of Service

By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

You must be at least 13 years old to use our Service.

Intellectual Property Rights

Stickers and sticker packs created using the App are owned by the person or entity that created them. Memento Apps does not take any ownership or responsibility for the content created using the App. Anybody using the Service agrees to only use their own photos, images, videos or any graphic designs or those you have explicitly obtained written permission from the right holders to use in this Service or to create a sticker or sticker pack from.

By using the App you agree that you are indeed the owner and author of the sticker pack.

Content

Our App allows you to create, store, backup, share and otherwise make available certain information, text, graphics, photos, videos or other material referred to as sticker or sticker pack (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others. And you agree to abide by our Prohibited Activities Guidelines, which may be updated from time to time.

The App is not intended to create content that could in any way cause harm or violate any local or international laws. Especially, sexually explicit content like pornography and age restricted content is not allowed. It is not allowed to create sticker or any other digital or other User Content using this Service that will in any way violate the law. We are not responsible for the User Content created using this App.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Memento Apps is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete online User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to Memento Apps servers, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

  • 1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • 2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • 3. Use a buying agent or purchasing agent to make purchases on the Service.

  • 4. Use the Service to advertise or offer to sell goods and services.

  • 5. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.

  • 6. Engage in unauthorized framing of or linking to the Service.

  • 7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.

  • 8. Make improper use of our support services or submit false reports of abuse or misconduct.

  • 9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • 10. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

  • 11. Use any information obtained from the Service in order to harass, abuse, or harm another person.

  • 12. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • 13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.

  • 14. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

  • 15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

  • 16. Delete the copyright or other proprietary rights notice from any Content.

  • 17. Copy or adapt the Service’s software, including but not limited to Java, C, PHP, HTML, JavaScript, or other code.

  • 18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.

  • 19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • 20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.

  • 21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.

  • 22. Use the Service in a manner inconsistent with any applicable laws or regulations.

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of the App, including the Android Market Terms of Service and WhatsApp Terms of Service

Copyright Policy

Memento Apps respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please immediately notify us using the contact information provided below (Contact Us) with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding Memento Apps or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Memento Apps. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Privacy

The App Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Memento Apps.

Memento Apps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Memento Apps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Disclaimer

  • 1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.

  • 2. Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.

  • 3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MEMENTO APPS MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

Liability

Except where prohibited by law, in no event will Memento Apps or third parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Memento Apps has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Memento Apps for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Memento Apps is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Memento Apps liability shall in no event exceed $100. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Termination

  • 1. You can stop using our Services at any time.

  • 2. We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time. You can check the history of this terms by clicking here.

  • 3. In case there are any fees you paid for or in regards to our Services prior to termination, such fees are not refundable. In addition, termination of your account does not relieve you of any payment obligations.

  • 4. If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.

 

Privacy Policy

 

What information does the Application obtain and how is it used?

User Provided Information 

The Application obtains the information you provide when you report any crash event. Crash reports are optional. When you report a crash event, we usually use the information you provided us to fix the problem.

If the user decides to use the "Send me by WhatsApp" service, the Application will request and store a valid WhatsApp phone number.

If the user decides to back up the stickers on Google Drive, the Application will request access to basic Google account information such as email, name and profile picture to link Google Drive with the Application. The Application only accesses the Google Drive files created by the Application (backups and Application data). The Application never accesses other files in your Google Drive account.

If the user decides to share a pack, the Application will create a link with the stickers, the icon, the tags, the name and the author of the pack provided. Anyone with the link can access and use that content. If the user check "listed" when sharing the pack -or after sharing it- the pack will be reviewed by us and it will be public and listed for the entire community.

 

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. 

If the user applies a one-time promotion for the "Send me by WhatsApp" service, we will store a unique ID of your device to prevent future applications. That ID will only be used for that purpose, we do not associate that id with your phone number or other data collected by the Application.

If the user shares a pack, in addition to the data provided by the user, we will store the country of the device to classify the pack and a unique ID of the device to verify compliance with the user's subscription limits. That ID will only be used for that purpose, we do not associate that id with your phone number or other sensitive data provided by the user or collected by the Application.

 

Information Collected by our Blog 

The application has some support links to our Blog. The Blog has a similar but slightly different Privacy Policy. You can see it here: Privacy Policy of the Blog

 

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

This Application does 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?

Yes. 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 Memento Apps 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.

  • to advertisers and third party advertising networks and analytics companies as described in the section below

 

Automatic Data Collection and Advertising

We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can't identify you personally. These third parties may also obtain anonymous information about other applications you've downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use. 

If you'd like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled "Opt-out" below. 

What are my opt-out rights?

There are multiple opt-out options for users of this Application:    

Opt-out of all information collection by uninstalling the Application: You can stop all collection of information by the Application easily 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. You can also request to opt-out via email, at memento.apps@gmail.com.

Opt-out from the use of information to serve targeted advertising by advertisers and/or third party network advertisers: you may at any time opt-out from further allowing us to have access to your location data by disabling the checkbox of "Access to my location" on the "Location services" situated on the permissions section of your device settings. This action will be applied for all applications of your device.

 

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 up to 24 months and thereafter may store it in aggregate. If you'd like us to delete User Provided Data that you have provided via the Application, please contact us at memento.apps@gmail.com and we will respond in a reasonable time.

 

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 memento.apps@gmail.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. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via our blog. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

 

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 memento.apps@gmail.com.

 

 

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