Play Art Privacy Policy and Terms & Conditions

Words and phrases not expressly defined here or in the Terms and Conditions for Play Art App are as defined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 read with the Information Technology Act, 2000, as amended from time to time.

Words and phrases defined in the document called “Terms and Conditions for Play Art App” shall have the same meaning in this Privacy Policy for Play Art App.

“Non-Personally Identifying Information” or “NPII” means information relating to any person using our App or the device through which our App is used that does not identify a specific end user or specific address for such end user. Such information may include, without limitation, such person’s IP address, browser, operating system, the type of mobile or other device they are using, the type of operating system it is running, a unique device identifier, the countries or cities from where views, sessions, hits, downloads, installations, uninstallations or purchases are made, the traffic sources, referrer url, referrer websites or referrer apps for views, sessions, downloads, installations, purchases or hits, exit urls, exit websites or exit apps, usage or diagnostic data that users of the relevant App store have opted into sharing such as Apple App Store users opt-in regarding sessions or crashes or Google Play Store users opt in regarding usage or diagnostic data to measure an app’s battery usage, stability or render time, the number and identity of colouring pages or stickers viewed, purchased or used on our App or other activities as may be offered from time to time on our App, the number of paid-for stickers or paid-for colouring pages or other paid-for product in stock with a user of our App, information about visitors to our App that tells us how many views, downloads or hits the App or any colouring page or any sticker or any other content receives.

This Privacy Policy for Play Art App applies only to our App and not to any of our other online content including, but not limited to, our website (www.mamasuranyabooks.in) (including, but not limited to, its storytelling and art library sections) which is governed by a separate privacy policy and terms and conditions notified thereon.

1. (a) Our App is offered through reputed industry-standard App stores such as Apple App Store and Google Play Store. Payments will be proceeded by the relevant App store used by you. We are not liable for their handling of such information as you may give them, or such other information as they may (with or without your knowledge and consent) obtain relating to you in the course of your making a payment through their payment gateway. For your rights and liabilities in this regard please refer to their privacy policy and terms and conditions and other information as provided by the relevant App store.

(b) Your App store may generate invoices, with copy to us, for in-App purchases made by you on our App. Such invoices may contain your personally identifiable information which you have given to or has been obtained by the App store (with or without your knowledge and consent) such as your name, address, phone number and email address (“Personally Identifiable Information” or “PII”). We are not liable for your App store’s handling of your PII or such information as you may give them, or such other information as they may (with or without your knowledge and consent) obtain and which they pass on to us through the aforesaid invoices or for any other reason pertaining to your in-App purchase on our App. For your rights and liabilities in this regard please refer to the privacy policy and terms and conditions and other information as provided by the relevant App store.

2. USE BY CHILDREN:
IF YOU ARE A PARENT OR OTHERWISE RESPONSIBLE FOR ANY CHILD, PLEASE READ THIS CAREFULLY BEFORE ALLOWING SUCH CHILD ACCESS TO OUR APP
While all in-App purchases are to be made by adults only, this App is for the entertainment and learning of children, including children under the age of 13 years and pre-schoolers. In this regard PLEASE ALSO READ CLAUSES 13, 14 AND 17 OF THE DOCUMENT CALLED “TERMS AND CONDITIONS FOR PLAY ART APP”. In addition, but without prejudice, to the said clauses of the Terms and Conditions for Play Art App we hereby state that:

(a) No child is permitted to download our App or make any in-App purchase therefrom. Downloading shall be by and in the name of a competent adult and purchases for children shall be by an adult as per Clause 17 of the Terms and Conditions for Play Art App ONLY.

(b) We do not seek, and you are solely responsible for ensuring that you do not give us any personal information of any child. DO NOT give any child’s name or contact details when contacting us.

(c) Any information we receive from you for downloading or in-App purchases we will assume to be of a competent adult and not of a child. You are responsible for ensuring that no child downloads our App or makes any in-App purchases and we will assume that in-App purchases are made by a competent adult. We reserve the right to block you from our App and cancel all orders if we learn or reasonably suspect that you are or have provided personal information of any child, or any person not competent to enter into legal contracts or purchase transactions.

(d) WE RECOMMEND ADULT SUPERVISION AT ALL TIMES THAT A CHILD, PARTICULARLY A CHILD BELOW THE AGE OF 13 YEARS, USES OUR APP. You are responsible, and we can take no responsibility for when and whether your child accesses our App including, but not limited to, by devices owned or controlled by you, and you will be deemed to have consented to this Privacy Policy for Play Art App on behalf of any such child. Since a child will necessarily be using a device and the internet to engage in activities on our App, such use by the child shall necessarily generate NPII. All the provisions in this Privacy Policy for Play Art App regarding NPII as set out in Clauses 4, 5 and 6 will apply to your child’s use of our App. In case of any conflict between Clauses 4, 5 or 6 of this Privacy Policy for Play Art App and this sub-clause 2(d), the said Clause 4, 5 or 6, as the case may be, shall prevail.

(e) Though we may provide parental gateways for in-App purchases or links within the App to a place outside our App including, but not limited to our website (or any section thereof) and/or to third-party social media websites/platforms such as (but not limited to) Pinterest and YouTube you are responsible, and we can take no responsibility for when and whether your child accesses our in-App purchases or leaves the App to go to our website or such third party websites. Parental gateways, if any, provided in our App will be in accordance with and to satisfy the requirements of the App stores. By providing such parental gateways we do not represent or warrant that our App is proof against use by your child without your intervention, knowledge or consent. Once you or your child leave the App to go to our website you/they will no longer be governed by this Privacy Policy for Play Art App or the Terms and Conditions for Play Art App but by the documents called “Privacy Policy” and “Terms and Conditions” as notified on our website separately. Once you or your child leaves the App to go to a third-party website, you will be governed by the privacy policy and terms and conditions notified by such website and we disclaim all liability regarding the content or security of the same.

3. PERSONALLY IDENTIFIABLE INFORMATION OR PII: Your App store may send us copies of invoices bearing your PII for in-App purchases made by you on our App. Such invoices may be required for tax and record keeping as mandated by the law. Such information will be kept secure and confidential by us as mandated under the law. We may disclose your PII or other information to third parties if required under the law or under the reasonable belief that it is so required by the law. We may use your PII:

(a) to contact you to clarify or confirm any questions/issues in regard to any in-App purchase by you;

(b) for internal record keeping;

(d) to analyse use of our App.

4. When anyone downloads, uses our App (for example by engaging in colouring or sticker-composition activities on our App) or makes in-App purchases we may automatically receive NPII through industry-standard and reputed analytics providers including, but not limited to, Apple or Google Analytics who may use online tracking devices such as cookies to obtain NPII relating to your use of our App. NPII will be stored on their servers. Though we have endeavoured to ascertain that they are reputedly secure, we are not liable for their handling of NPII. We or the store from which you obtained our App or through which you make in-App purchases may use online tracking devices including but not limited to cookies to maintain your session in our App that might generate NPII relating to the number of paid-for products purchased or in stock at any given time with a user of our App, for instance, to track how many paid-for stickers, colouring pages or other paid-for products a user has in stock. You may disable cookies from your browser settings, but that might prevent you from accessing some or all of our App. The store from which you obtained our App or through which you make in-App purchases or We we may, ourselves or through third-party service providers, use NPII to:

(a) maintain the functioning of our App;

(b) authenticate users and personalise content on our App, including, but not limited to tracking and maintaining the number of paid-for stickers or paid-for colouring pages or other paid-for product in stock with a user of our App;

(c) track the number of times our App crashed or showed Application Not Responding errors, analyse and improve our App’s battery usage, stability or render time, troubleshoot, repair, administer and secure (including, but not limited to, against hacking and viruses) our App;

(d) analyse the number and trends of downloads, installations, uninstallations, visits, sessions or hits, the number or percentage of visitors returning to use our App after installing it over different periods of time, in-App purchases and App traffic; and the number and trends of the views of our App in different apps or sections of an App store, including but not limited to the Featured, Categories, Top Charts, Search and Product Page sections;

(e) understand (without identifying a specific end-user or his specific address) how visitors use our App, the traffic source or referrer or exit url/ website/app, which colouring pages, stickers or other content on our App are popular, as well as their relative popularity, places where our App is of interest and to measure the performance of our promotions and products; and/or

(f) comply with applicable law and co-operate with law enforcement agencies. We may disclose NPII or other information to third parties if required under the law or under the reasonable belief that it is so required by the law.

5. We or our third-party service providers may use industry standard pixel tags and web beacons to track your use of our App which may generate NPII relating to use of our App. Pixel tags and web beacons allow us to determine whether you have performed a specific action on our App (for example, to determine how many times our App has been downloaded). When you access the place with the pixel tags or web beacons they generate a notice of that action which does not identify a specific end user. Pixel tags allow us to measure and improve our understanding of visitor traffic and behaviour on our App, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by social media platforms including, but not limited, to Pinterest and Facebook. We may use advertisements including campaign urls generated by Apple Analytics to promote our App on third party websites or apps. Apple Analytics will provide NPII of users responding to such campaign urls including but not limited to the number of times our App was downloaded from such urls. We may run Google AdWords campaigns or other Google advertisements to promote our App and obtain, through various Google analytics products including but not limited to Google Analytics, the NPII of users using or installing our App when they click on such ads. We may run advertisements on You Tube to promote our App and obtain, through various Google analytics products including but not limited to Google Analytics, the NPII of users using or installing our App when they click on such ads. This information will tell us both the website or app sources from which users come to our App as well as how well our advertisements for our App are doing.

6. We may share any information described herein, including but not limited to PII and NPII with any successor to all or part of our business. For example, if all or part of our business is sold we may give our customer list as part of that transaction.

7. This Privacy Policy for Play Art App is subject to change by us unilaterally and without prior notice from time to time. The revisions in this Privacy Policy for Play Art App will be effective immediately upon being posted. Therefore, we suggest that you review this page before any transaction or use of our App. Your continued use of our App after the entry into force of such revisions will constitute your acknowledgment and acceptance thereof.

8. Downloading or use of our App (including by engaging in its colouring or sticker composition activities) or making in-App purchases and any other activity on our App and any dispute in that regard is subject to this Privacy Policy for Play Art App and our Terms and Conditions for Play Art App; and shall be governed by the laws of India and subject to the jurisdiction of the courts of Delhi, India.

9. Any communication in regard to the matters referred to above, as well as any grievances, shall be addressed to mamasuranya@gmail.com.

10. This Privacy Policy for Play Art App includes the Terms and Conditions for Play Art App as notified from time to time.

TERMS AND CONDITIONS FOR PLAY ART APP
TO BE READ ALONG WITH PRIVACY POLICY FOR PLAY ART APP

“adult” is a person of or above such age at which, under the applicable laws for the time being in force, a person is considered competent to enter legal contracts or purchase transactions.

“App” means the Play Art App with digital colouring and sticker composition activities for children.
“child/children” means any person(s) who is/are not adult(s).

“Minor Disruption” means minor suspension, temporary shut-down, interruptions, slowing down, buffering or other short-term disruption or lowering of quality owing to factors beyond our control such as, without limitation, internet speed or outages, electricity outages, issues with the web server hosting our App, repairs required owing to hacking, viruses, malware or similar third-party interference in the software or infrastructure required for our App to function.

“products” means such activities as may be offered from time to time on our App, and includes the colouring pages and stickers, and colouring and sticker composition activities offered in our App, including colouring pages and stickers offered for in-App purchase.

“website” includes the domain name mamasuranyabooks.in, our webstore, Storytelling section, Art Library section and all graphic images and illustrations contained herein, but excludes the App.

“your child” means a child over which the relevant adult (including, but not limited to, such child’s parent and/or the person owning or controlling the device through which such child accesses our App) has actual or legal custody, possession, control, responsibility or guardianship at the time of use of our App.

1. BY DOWNLOADING OR USING THIS APP OR MAKING IN-APP PURCHASES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR PLAY ART APP AND PRIVACY POLICY FOR PLAY ART APP NOTIFIED HEREIN.

2. This App is owned by Suranya Aiyar, Sole Proprietor of Mama Suranya Books, an unregistered sole proprietorship based in India, who can be contacted on mamasuranya@gmail.com.

3. These Terms and Conditions for Play Art App are subject to change without notice. Any changes shall come into effect from the moment they are uploaded on our App. Please check this page regularly and, in any event, read these Terms and Conditions for Play Art App carefully before using our App or making any in-App purchase. Your or your child’s continued use of our App, including, but not limited to in-App purchases, following posting of any changes to these Terms and Conditions for Play Art App constitutes acceptance of the same.

4. These Terms and Conditions for Play Art App include the Privacy Policy for Play Art App as notified from time to time.

QUALITY & QUANTITY:
5. a) We make no representation or warranty as to the quality of the free products offered in our App, which are provided on an “as is” and “when available” basis.

b) Though we will endeavour to provide paid-for products included in our App according to reasonable industry standards, you may experience Minor Disruption in this regard. We will not be liable for the same, and do not guarantee, represent or warrant that in-App purchases (including, but not limited to, colouring pages or stickers) will be free of Minor Disruption.

c) We reserve the right to unilaterally and without notice terminate or suspend the App or any product included therein or the quantity of any colouring pages or stickers sold at one time provided this does not affect your use of such number of stickers or colouring pages as you may have purchased prior to such termination or suspension.

6. COLOURING ACTIVITIES: Please view the instructions and rules for the colouring activities on our App as notified from time to time by tapping the button below. They are deemed to be incorporated in these Terms and Conditions for Play Art App.

Painting Game Instructions (click here)

In addition to the aforesaid instructions and rules, the following shall apply to all colouring activities in our App:

(a) FREE & PAID-FOR COLOURING PAGES: Some colouring pages are free and some are paid-for as in-App purchases. If you purchase colouring pages, the number of paid-for colouring pages in stock with you is notified against each paid-for colouring page in the colouring pages dashboard.

(b) SAVING A COLOURNG PAGE ON YOUR DEVICE: Our App allows you to save a colouring page on your device. Once you save a colouring page you cannot continue working on it and if the page was a paid-for page, on saving it, your stock of that page will reduce by 1 (one). DO NOT save a colouring page unless you have finished working on it. If you want to continue working on it, simply exit the colouring pages game. The unfinished colouring page will be automatically stored in the colouring pages dashboard from where it can be accessed later to continue working on it.

(c) DELETING A COLOURING PAGE: Our App allows you to delete a colouring page that you have been working on. If the page was a paid-for page, on deleting it, your stock of that page will reduce by 1 (one). If you want to undo or erase your work on a colouring page and continue working on the same colouring page, the DO NOT delete it, instead use the undo and erase buttons provided in the panel in the colouring pages game.

7. STICKER ACTIVITIES: Please view the instructions and rules for the sticker activities on our App as notified from time to time by tapping the button below. They are deemed to be incorporated in these Terms and Conditions for Play Art App.

Sticker Game Instructions (click here)

In addition to the aforesaid instruction and rules, the following shall apply to all sticker activities in our App:

(a) FREE & PAID-FOR STICKERS: Some stickers are free and some are paid-for as in-App purchases. If you purchase stickers, the number of paid-for stickers in stock with you is notified against each paid-for sticker in the sticker game panel. Each time you use a paid-for sticker, the number of such paid-for stickers in stock with you reduces by 1 (one). Our sticker game allows you to undo a limited number of the immediately preceding sticker steps. If you undo a sticker, including a paid-for sticker, then it is restored to your stock in the panel. However, you do not receive unlimited undos and we reserve the right to change or terminate the undo function in the sticker game of our App at any time, in our sole discretion, without notice.

(b) SAVING A STICKER PAGE ON YOUR DEVICE: Our App allows you to save a sticker page on your device. Once you save a sticker page you cannot continue working on it. DO NOT save a sticker page unless you have finished working on it. If you want to continue working on it, simply exit the sticker game. The unfinished sticker page will be automatically stored in the sticker dashboard from where it can be accessed later to continue working on it.

(c) DELETING A STICKER PAGE: Our App allows you to delete a sticker page that you have been working on. On deletion you will be given the same background to make a new sticker composition, however, such paid-for stickers as were used in the deleted page will not be restored.

8. We reserve the right to change the rules or features of any activity offered on our App at any time and without notice, provided this does not affect your use of in-App purchases made prior to the implementation of such new rules or features. It is clarified that notwithstanding anything stated in this clause, Clause 7 shall apply to the undo function in the sticker game of our App.

9. Any new products or features which are added to the App will be subject to these Terms and Conditions for Play Art App.

10. We reserve the right to modify or change the price of the App or products at any time without notice. provided this does not affect your use of in-App purchases made prior to such modification or change. It is clarified that notwithstanding anything stated in this clause, Clause 7 shall apply to the undo function in the sticker game of our App.

11. You must not transmit any viruses, attempt any hacking or otherwise disrupt or misuse, including, but not limited to, by the use of code of any destructive nature, on or of this App.

12. We will have the right to immediately terminate your access to the App in the event of any breach or violation of these Terms and Conditions for Play Art App.

13. You are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer or other devices through which this App can be accessed. You agree to accept responsibility for all activities that occur under your account or password owing to your failure to maintain confidentiality thereof or your failure to restrict access to your computer or other devices through which this App is accessed, including, but not limited by your child.

14. You agree to indemnify, defend and hold harmless the owner of the App, its employees, agents and affiliates from any and all third-party claims, liability, damage or costs arising from your or your child’s unlawful use of this App or infringement of intellectual property rights regarding the content thereof.

15. All text, videos, sounds, music and images on the App (“Content”) is owned by Suranya Aiyar or by such other parties as notified in the Credits section of this App and are protected by copyright and other intellectual property rights.

16. The Content or any part thereof may not be published, modified, transmitted, transferred, sold, reproduced, created derivative work from, distributed, performed or commercially exploited without the express written permission of the owner thereof.

17. Downloading of the App, and in-App purchases are permitted only if you are, and by making such download or purchase you are representing to us, that you are an adult and otherwise competent to enter into legal contracts and purchase transactions. WE DO NOT PERMIT CHILDREN TO DOWNLOAD OR MAKE ANY PURCHASE ON OUR APP. ANY PURCHASE THEY WISH TO MAKE WILL HAVE TO BE THROUGH A COMPETENT ADULT. IF YOU MAKE A PURCHASE ON OUR APP ON BEHALF OF A CHILD THEN YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU HAVE THE RIGHT TO DO SO AND ARE NOT PROHIBITED UNDER ANY LAW FROM SO DOING. ONLY ADULTS MAY DOWNLOAD OUR APP AND IN DOING SO THEY MAY NOT GIVE THE NAME OR CONTACT DETAILS OF ANY CHILD. DO NOT USE THE NAME OF YOUR CHILD WHEN CONTACTING US FOR ANY REASON.

18. These Terms and Conditions for Play Art App shall be governed by the same laws and subject to the jurisdiction of such courts as stated in the Privacy Policy for Play Art App.

Last updated on: Ma7 9, 2018

Play Art Privacy Policy and Terms & Conditions

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