Mobile Apps by ScrollMotion - iPad Apps, iPhone Apps, Droid Apps and More by Scrollmotion

Privacy Policy
Terms of Use
End User License Agreement

PRIVACY POLICY

General

www.ScrollMotion.com (the “Site”) is operated by ScrollMotion, Inc. (“ScrollMotion” or “we” and its derivatives) to provide visitors (“you” and its derivatives) information about our company. This Privacy Policy (the “Policy”) explains how we handle information obtained through the Site and/or ScrollMotion applications (“Licensed Applications”). We are not responsible for the content or privacy practices of other websites, including those you may link to through this Site or a Licensed Application.

ScrollMotion is committed to protecting your privacy and complying with all laws and regulations relating to online privacy and the collection and protection of information that can be used to identify specific individuals (“Personal information”). We only collect Personal Information that you freely provide (i.e., through the “Contact Us” function, subscriptions and similar means). Such Personal Information is used only for the purpose for which it was provided, is only made available to third parties as set forth herein, and is retained in compliance with all applicable laws.

The Site and Licensed Applications may use cookies and other tracking technologies that are comprised of small bits of data that often include an anonymous unique identifier.  Websites send this data to your browser when you first request a web page and then store the data on your computer so the website can access information when you make subsequent requests for pages from that site.  We may use these technologies to collect and store information about your use of the Services, such as pages you have visited and search queries you have run. Our Internet service provider records technical details related to Site visits for analytical purposes. The information collected cannot be used to identify you and may include:

• the IP address of the visitor’s web server;
• the top-level domain name used (for example .ie, .com, .org, .net);
• the previous website address from which the visitor reached us, including any search terms used;
• clickstream data which shows the traffic of visitors around the Site (e.g., pages accessed and documents downloaded); and
• the type of web browser used by Site visitors.

How We Disclose and Share Information

ScrollMotion does not rent, sell, or share Personal Information with other people or nonaffiliated companies unless we have your express consent, or under the following circumstances:

• with third party vendors, consultants and other service providers who work for us, need access to your Personal Information to do that work, and who are bound to preserve the confidentiality of such Personal Information;
• to comply with laws or to respond to lawful requests and legal process;
• to protect our rights and property, including enforcing our agreements; and
• in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another entity.

We may share aggregated or anonymized information in a form that does not directly identify you with any third parties.

How We Protect Personal Information

ScrollMotion uses reasonable efforts to protect your Personal Information against unauthorized access and unauthorized alteration, disclosure or destruction. However, We cannot guarantee that your Personal Information will be absolutely protected. For example, your Personal Information may be affected by actions we cannot control, such as computer hacking and physical theft. You provide Personal Information at your own risk.

Children

We do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under age 13, please do not attempt to register or send us any information about yourself. If we learn that we have collected Personal Information from anyone under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under the age of 13, please contact us at customerservice@scrollmotion.com.

Changes to this Privacy Policy

We may change this Policy at any time. We will post all changes to this Policy on this page and indicate at the top of the page the modified Policy’s effective date.

Governing Law And Interpretation

This Policy and all disputes, claims, actions, suits or other proceedings arising hereunder (“Disputes”) will be governed by the substantive law of the State of New York without regard to its conflicts of laws principles that might require a different result. You consent to (a) the exclusive jurisdiction of the State and Federal courts situated in New York County, New York for any Disputes, and (b) the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that New York is an inconvenient forum. ScrollMotion’s failure or delay to exercise any right or enforce any obligation will not be construed as a waiver of that or any or other right or power. If any provision of this Policy is held to be illegal, invalid or unenforceable, the remaining provisions will be unimpaired and remain in full force and effect. You may not assign your rights under this Policy without ScrollMotion’s prior written permission. Any provision herein that by its nature must survive termination of this Policy in order to give effect to its meaning will survive such termination.

Contact Us

If you have any questions or suggestions regarding this Policy, please contact us at customerservice@scrollmotion.com. ScrollMotion, Inc. 7 Penn Plaza, Suite 1112, New York, NY 10001.

TERMS OF USE

General

Welcome to www.ScrollMotion.com (the “Site”). By accessing the Site or using ScrollMotion applications (“Licensed Applications”), you are agreeing to these Terms of Use (the “Terms”), which together with our Privacy Policy and (with respect to the Licensed Applications) the End User License Agreement govern ScrollMotion’s relationship with you. If you disagree with any part of these Terms, the Privacy Policy or the End User License Agreement (collectively, the “User Agreements”), please do not use the Site or Licensed Applications, as applicable.

“ScrollMotion”, “we”, “us” and “our” refer to ScrollMotion, Inc.; “you”, “your” and “visitor” refer to visitors to the Site and/or users of the Licensed Applications.

Term

The User Agreements will remain in full force and effect while you use the Site or Licensed Applications. You may terminate your use of or registration (if applicable) for the Site or Licensed Applications at any time, for any or no reason. Company may terminate your use of or registration to the Site or Licensed Applications at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

Changes to these Terms

We may change these Terms at any time. We will post all such changes on this page and indicate at the top of the page the modified Terms’ effective date.

Registration

In order to access certain content, features, or functionality of the Site or Licensed Applications, you may have to register with us, which registration may include providing information such as your email address, legal name, date of birth, country of residence, zip code, etc. You warrant that all such information is truthful and accurate and that you will maintain the accuracy of such information. If you become a registered user, you will be responsible for (a) maintaining the confidentiality of your user information, and (b) any access to or use of the Site or Licensed Applications by you or any person or entity using your user name and password (“Credentials”), whether or not such access or use has been authorized by you or on your behalf. You will immediately notify ScrollMotion of any unauthorized use of your Credentials or account. You are solely responsible for (i) controlling the dissemination and use of your Credentials and account, (ii) updating, maintaining and controlling access to your Credentials and account, and (iii) cancelling your account. We may deny privileges to any user if we believe there is a question about the identity of the person trying to access their account.

Personal Information

In using the Site or Licensed Applications, including in establishing an account, you may be asked to provide certain information that can be used to identify you (“Personal information”). We are committed to protecting Personal Information. Our Personal Information policies are set forth in our Privacy Policy.

Purchases

ScrollMotion does not process any payments via the Site or for Licensed Applications or “in-App” purchases made within such Licensed Applications. All such payments are controlled, handled, processed and/or fulfilled by third parties not affiliated with ScrollMotion (each, a “Third-Party Processor”) and are governed by the terms and policies of such Third-Party Processors.  ScrollMotion expressly disclaims any liability for any loss or damage relating to payments made to Third-Party Processors, and you are solely responsible for all such transactions.  ScrollMotion will not be liable for a Third-Party Processor’s data breach that affects your information.

Proprietary Rights

Except where expressly noted, all materials and information contained on the Site or Licensed Applications, including without limitation images, pictures, logos, illustrations, designs, photographs, video clips, text, descriptions, icons, graphics, press releases, and the overall appearance and look and feel of the Site or Licensed Applications are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by ScrollMotion and are protected by U.S. and international laws and conventions. Unauthorized use of any Site or Licenced Application materials or information is strictly prohibited.

Disclaimer and Limitation of Liability

THE SITE AND LICENSED APPLICATIONS ARE MADE AVAILABLE SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR ACCURACY, COMPLETENESS, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCROLLMOTION BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR LICENSED APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCROLLMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend, and hold ScrollMotion, its officers, directors, employees and agents harmless against any claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to your (a) breach or violation of these Terms, (b) infringement, misappropriation or any violation of the rights of any other party, or (c) violation or non-compliance with any applicable law, rule or regulation. ScrollMotion may assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Governing Law And Interpretation

These Terms and all disputes, claims, actions, suits or other proceedings arising hereunder (“Disputes”) will be governed by the substantive law of the State of New York without regard to its conflicts of laws principles that might require a different result. You consent to (i) the sole and exclusive jurisdiction of the State and Federal courts situated in New York County, New York for any Disputes and (ii) the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that New York is an inconvenient forum. ScrollMotion’s failure or delay to exercise any right or enforce any obligation will not be construed as a waiver of that or any or other right or power. If any provision of these Terms is held to be illegal, invalid or unenforceable, the remaining provisions will be unimpaired and remain in full force and effect. You may not assign your rights under these Terms without ScrollMotion’s prior written permission. Any provision herein which by its nature must survive termination of these Terms in order to give effect to its meaning will survive such termination.

END USER LICENSE AGREEMENT (APPLICATIONS)

General

This End User License Agreement (the “EULA”) is legally binding between you (“you” and its derivatives) and ScrollMotion, Inc. (“ScrollMotion” or “we” and its derivatives) and governs your use of ScrollMotion applications (each, a “Licensed Application”). By purchasing, downloading, installing and/or using a Licensed Application you are agreeing to be bound by and comply with this EULA. ScrollMotion may change or modify this EULA at any time, and at its sole discretion, by posting revisions on this page and will indicate at the top of the page the modified EULA’s effective date. Continued use of the Licensed Application following the posting of such changes or modifications will constitute acceptance of such changes or modifications.

ScrollMotion may enable access to content, information and services through the Licensed Application (collectively and individually, the “Services”), and as a condition of your use of the Services, you agree to be bound by and comply with ScrollMotion’s Terms of Service (“Terms of Service”) and Privacy Policy (“Privacy Policy”), each of which is incorporated herein by reference.

License Grant.

Subject to your compliance with this EULA, ScrollMotion hereby grants you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use Licensed Applications solely for your personal, non-commercial use on devices you own or control. Each Licensed Application is licensed, not sold, to you by ScrollMotion subject to the terms and conditions of this EULA and any other applicable terms and conditions promulgated by third-party processors (e.g., storefronts, networks, and other operators, including Apple’s App Store and similar venues) (each, a “Third-Party Processor”). ScrollMotion reserves all rights not expressly granted to you herein. This EULA is between you and ScrollMotion; no Third-Party Processor is a party to this EULA.

Restrictions

You may only use Licensed Applications on devices you own or control, and you may not distribute or make Licensed Applications available over a network where multiple devices could use them simultaneously. You may not rent, lease, lend, sell, redistribute or sublicense a Licensed Application or copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of all or any portion of a Licensed Application. This EULA applies to upgrades or updates provided by ScrollMotion that replace and/or supplement the original Licensed Application.

Consent to Use of Data

ScrollMotion may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Licensed Application. ScrollMotion may also use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. See the for additional information regarding our collection and use of information, including personal information.

Fees

Amounts paid to access Licensed Applications and for any “in app” purchases available through Licensed Applications (if applicable) are controlled, handled and processed by Third-Party Processors not affiliated with ScrollMotion. All payment and other matters regarding such payments (including any information you submit or that may be collected in connection with such payments and any refund and related policies) are subject to and governed by the applicable terms of service, privacy policy, and other relevant agreements published by such Third-Party Processors.

Content

Licensed Applications may include or link to content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Use of Licensed Applications is solely at your risk and ScrollMotion will not be liable to you for content you may find to be offensive, indecent, or objectionable.

Licensed Applications may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. ScrollMotion is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. ScrollMotion will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or web sites.

Proprietary Rights

ScrollMotion, its affiliates and/or their respective licensors own all right, title and interest in and to the Licensed Applications, including, without limitation, all intellectual and proprietary rights therein, and, except for the limited license granted to you herein, nothing in this EULA will be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect ScrollMotion’s, its affiliates and/or their respective licensors’ proprietary rights.

NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATIONS AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, AND SCROLLMOTION HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCROLLMOTION DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, LICENSED APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCROLLMOTION, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATIONS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCROLLMOTION BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE A LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCROLLMOTION OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold ScrollMotion its officers, directors, employees and agents harmless against any claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to your (a) breach or violation of this EULA, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use, alteration or export of the Licensed Application (or any component thereof) in violation of this EULA. ScrollMotion may assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Export Restrictions

You may not use, export or re-export a Licensed Application except as authorized by United States law and the laws of the jurisdiction in which a Licensed Application was obtained. In particular, but without limitation, a Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Applications, you represent and warrant that you are not located in any such country or on any such list.

Commercial Items.

The Licensed Applications and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

Wireless Access Charges

Certain Licensed Application functions and Services require data access, and the provider of data access for your device may charge you data access fees in connection with your use of such Licensed Application. You are solely responsible for any data access or other charges you incur.

No Guarantee of Continued Use or Availability

ScrollMotion may modify, update, supplement, limit, discontinue, remove or disable access to Licensed Applications and/or any Services without notice or liability to you. From time to time, ScrollMotion may make available updates or upgrades to a Licensed Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which such Licensed Application was originally downloaded. Certain functions of the Licensed Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by ScrollMotion or otherwise (including by Third Party Processors).

ScrollMotion has no control over, or responsibility for, actions of Third Party Processors. In certain cases (i.e., operating system updates) such actions may impair or prevent the proper functioning of a Licensed Application. ScrollMotion expressly disclaims any responsibility for the continued functionality of Licensed Applications where such functionality is disrupted by the actions of Third Party Processors.

Term and Termination

This EULA will remain in full force and effect while you use any Licensed Application. You may terminate your use of Licensed Applications at any time, for any or no reason, and Company may terminate your use of Licensed Applications at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

Your rights under the license granted herein will terminate automatically without notice from ScrollMotion if you fail to comply with any terms or conditions of this EULA. Upon termination of this EULA, you will cease all use of the Licensed Application, and destroy all copies, full or partial, thereof.

Governing Law And Interpretation

This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder (“Disputes”) will be governed by the substantive law of the State of New York without regard to its conflicts of laws principles that might require a different result. You irrevocably consent to (i) the sole and exclusive jurisdiction of the State and Federal courts situated in New York County, New York for any Disputes and (ii) the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that New York is an inconvenient forum. ScrollMotion’s failure or delay to exercise any right or enforce any obligation will not be construed as a waiver of that or any or other right or power. If any provision of this EULA is held to be illegal, invalid or unenforceable, the remaining provisions will be unimpaired and remain in full force and effect. You may not assign your rights under this EULA without ScrollMotion’s prior written permission. Any provision herein which by its nature must survive termination of this EULA in order to give effect to its meaning will survive such termination.

Contact Information

You may contact ScrollMotion at 7 Penn Plaza, Suite 1112, attn: Customer Service, New York, NY 10001.