Terms and Privacy

Terms and Privacy

Introduction

Thank you for your interest in GOTCHA. This website is owned and operated by GOTCHATAG.COM. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').

This agreement is in effect as of May 29th, 2018. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
  1. In order to access our Resources, you are required to be at or above the age of 13.
  2. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  3. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  4. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  5. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  6. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  7. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  8. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any GOTCHA employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  9. You agree to indenify and hold harmless GOTCHA and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy Policy

Your privacy is critically important to us. At GOTCHA ("GOTCHA", "us", "we" and its owner, GOTCHATAG.COM) we have a few fundamental principles:

  • We don't ask you for personal information unless we truly need it.
  • We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don't store personal information on our servers unless required for the on-going operation of one of our services.
  • We aim to make it as simple as possible for you to control what's visible to the public, seen by search engines, kept private, and deleted.

It is GOTCHA's policy to respect your privacy regarding any information we may collect while operating our website.

Privacy and Saftey Guidelines for Photo Submission

In order to play GOTCHA, you must respect the privacy and saftey of others. Do this by:

  • Absolutely under no circumstances attempt to take a picture of someone while they are operating a vehicle or any equipment that could endanger anyone's life
  • Not downloading or reposting anyone's photos to any other online service, such as, Instagram, Facebook, Snapchat, etc.
  • Stricly avoiding taking inapropriate photos of people participating in your game i.e. Drinking alchohol, using the restroom, or compromising their privacy in any way
  • Not taking pictures of anyone that is not playing your particular game of Gotcha
  • Not including other random people that are not participating in Gotcha, such as bystanders, or anyone that doesn't own a copy of Gotcha
  • Not interrupting any religious event in order to take a photo

If any of these rules are violated/ingnored:

  • We will not issue a refund of any kind/amount
  • We will not take responsibility for that action

Website Visitors

Like most website operators, GOTCHA collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GOTCHA's purpose in collecting non-personally-identifying information is to understand better how our visitors use its website. From time to time, GOTCHA may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

GOTCHA also collects potentially personally-identifying information like Internet Protocol (IP) addresses. GOTCHA does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to GOTCHA's website choose to interact with GOTCHA in ways that require GOTCHA to gather personally-identifying information. For example, we ask visitors who sign up for an account at GOTCHATAG.COM to provide a name and email address. Those who engage in financial transactions with GOTCHA are asked to provide additional information to our 3rd party transation broker, such as name and credit card number. In each case, GOTCHA collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with GOTCHA. GOTCHA does not disclose personally-identifying information other than as described below. When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID").

Aggregated Statistics

GOTCHA may collect statistics about the behavior of visitors to its website and mobile applications. For instance, GOTCHA may monitor the most popular features on our site. GOTCHA may display this information publicly or provide it to others. However, we do not disclose personally-identifying information other than as described below.

How We Handle Personally-Identifying Information

GOTCHA discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available on our website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using GOTCHA's website and mobile applications, you consent to the transfer of such information to them. GOTCHA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, GOTCHA discloses potentially personally-identifying and personally-identifying information only when required to do so by law, such as to comply with a subpoena, or when GOTCHA believes in good faith that disclosure is reasonably necessary to protect the property or rights of GOTCHA or third parties, the public at large or if GOTCHA 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 website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. If you are a registered user of GOTCHA and have supplied your email address, GOTCHA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with GOTCHA and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. GOTCHA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Name of Third Party Partner What info is shared with or collected by this partner Partner's purpose Link to Partner's privacy policy
DigitalOcean Compressed archives of certain database content and traffic data Serving images and data backup and provider of network infrastructure for basic service delivery DigitalOcean Privacy Policy
Google Inc. (Analytics) Anonymous usage data (e.g., what pages on our site people visit) Analytics Google Analytics Privacy Policy
Google Inc. (DFP) Anonymous demographic and site-usage information Serving ads on Quick Comment Google DFP Privacy Policy
Mailgun Email address and username Email service for sending emails to our users Mailgun Privacy Policy
Microsoft Azure Your photo will be shared with Azure's facial recognition and stored on their servers. Facial recognition service that verifies photos submitted. Microsoft Azure Privacy Statement

Local Storage

Third parties, with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity, may use Local Storage to collect and store information. Various browsers may offer their own management tools for removing data from Local Storage.

Social Media Widgets

Our website includes Social Media Features and widgets, such as the "Share This" button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy policy of the company providing them.

Advertising on GOTCHA

We may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. We may use Google's DoubleClick cookie to serve ads. You may choose to opt out of the DoubleClick cookie at any time. GOTCHA does not provide any personally-identifying information to advertisers.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and our website and apps are protected by HTTPS encryption. When you enter credit card information on our order forms, that information is encrypted and protected by our third-party payment providers, Stripe, PayPal, Amazon, and Apple. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, we can and will oblige. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Data Breach Practices

We comply with relevant laws regarding data breaches. If we know or have reason to know of a systems security breach by an unauthorized party of your user data where that data is being or is likely to be used for an unauthorized purpose, we will promptly notify you so that you can take appropriate steps.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
  1. the use of our Resources will meet your needs or requirements.
  2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using our Resources will be accurate or reliable, and
  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
  1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from GOTCHA or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. GOTCHATAG.COM will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on GOTCHATAG.COM including but not limited to text, graphics, website name, code, images and logos are the intellectual property of GOTCHATAG.COM and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GOTCHATAG.COM.\

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. UNLESS OTHERWISE EXPRESSED, GOTCHATAG.COM AS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.