ELVES CREATED
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By submitting your photo of yourself or your friend (your “Photo”) and/or creating or submitting other content (collectively, with your Photo, your “Content”) to the ElfYourself iOS app (the “App”), and in consideration of your receiving the opportunity to have your Content appear on the Site, the receipt and sufficiency of which you hereby acknowledge, you:
1. Represent that you are an individual legal resident of the U.S.
2. Represent that you are 13 years or older. We encourage parents or guardians of children under 13 to regularly check and monitor their children’s use of email and other activities online.
3. Represent that you are using the Site and your Content solely for your personal use and you will not market, sell or otherwise distribute your Content in any form to any third party for any commercial purpose;
4. Acknowledge that you are solely responsible for any and all charges associated with using the Site;
5. Represent that you are the sole owner of your Photo and have the unrestricted right to subm+it your Photo and create and submit your Content;
6. Represent that (a) your Content does not include any commercial advertising or element, including (but not limited to) business names or logos, brand names, characters or slogans, other than those relating to OfficeMax® and other products of these companies and its affiliates; (b) your Content (including your Photo) does not infringe any third party’s copyright, trademark, patent, literary, privacy, publicity, proprietary or other right; (c) your Content does not contain any virus, bug, technical defect or computer routine that would corrupt or otherwise affect the security, integrity or operation of the Site or any other website owned by Company Name; and (d) your Content does not disparage or make unsubstantiated claims about any third party or its products or services;
7. Grant to OfficeMax® and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to you;
8. Acknowledge that to OfficeMax® is the sole and exclusive owner of all right, title and interest in and to all business names, logos, brand names, characters and slogans relating to the OfficeMax® Brands and other products of OfficeMax®, along with all goodwill associated therewith (collectively, the OfficeMax® Intellectual Property"). Nothing herein shall be deemed to constitute authorization for you to use the OfficeMax® Intellectual Property for any purpose whatsoever, commercial or otherwise, except in the submission of your Content as provided herein.
9. Understand and agree that OfficeMax® reserves the right, in its sole discretion, to reject all or any of your Content that it deems objectionable, offensive or otherwise inappropriate;
10. Unconditionally and irrevocably release OfficeMax® and its affiliates from any and all liabilities, claims or damages of any nature whatsoever arising or resulting from any use of your Content or the exercise of rights granted hereunder, including but not limited to use of the Content on custom-printed products or merchandise or any use of your name and biographical information in connection with your Content; andp>
11. Acknowledge that your Content and your submission of your Content are and will remain subject to the General Terms & Conditions for Web Sites Operated by the OfficeMax®, Incorporated Family of Companies (available at http://www.officemaxsolutions.com/terms/)
*ElfYourself is a registered trademark of OMX, Inc.
EFFECTIVE: November 1, 2019
Oddcast Inc & its partners (“Oddcast”) provides this privacy policy for the ElfYourself Application ("The App”). The App allows you to upload pictures to become the faces of elves, see your elf dance, purchase additional dances for your elf’s dance, send your elf dance to a friend via email, share on your social media page, such as Facebook, and download your dance as a video file. This Privacy Policy only applies to the App and does not apply to any other Oddcast web sites, mobile applications or interactive features, or offline information collection, unless expressly stated at the time of collection.
KEY POINTS TO KNOW
Information You Provide
The App will utilize those photos which you provide or take for use within
the App. These photos are only used for the creation of your video dance, and
not collected or saved by the App.
If you provide information for use in sharing your elf, such as email
addresses or social media account information (which if you provide it would
include logins and passwords) - that information is only used for enabling the
sharing feature you requested, and is not collected or saved by the app, except
if you opt-in to receive additional information from us ("Personal
Information").
If you make a purchase through the App, the payment will be processed
through the app platform (e.g. Apple or Google) and you will not be providing
payment information to Oddcast directly.
Our services are general audience services and are not intended for
individuals younger than the age of 13. We do not knowingly collect Personal
Information from individuals younger than the age of 13.
Information the App Automatically Collects
We and our third party service providers, including analytics providers and
third party content providers, may automatically collect certain information
whenever you access and use the App (“Usage Information”). Usage Information may
include the type of device you are using to access the App, the areas of the App
that you access or use, and the time of day you used the App, among other
information. All such information is not personal and will be used for
statistical review in aggregate only.
In addition, the App displays ads which are displayed by a 3rd party
service provider ("Ad Exchange"). The Ad Exchange may automatically collect your
IP address or other unique identifier (“Device Identifier”) for any mobile
phone, tablet or other device you may use to access the App. Such information
may be used by the Ad Exchange to provide relevant ads or for other purposes per
their policies. Oddcast does not collect that information or use it in any way.
Information Third Parties May Provide About You
We may supplement and combine the information we collect or you provide with information provided by third parties in order to provide you with information, services or products you have requested, to enhance our ability to serve you, to tailor content and to offer you opportunities to purchase products or services that we believe may be of interest to you. In those cases, we will apply this Privacy Policy to the combined information.
Social Media/Third Party Website Interactions
The App may permit interactions between the App and a third party website, service, or other content provider, such as enabling you to access documents stored with a third party, or to “like” or share content to other web sites, features or applications (which may include signing in with your username and password for the third party site or service). If you choose to “like” or share content, or to otherwise share information from or via the App with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of the App (and we may have access to information about you from that third party). Your interactions with third parties through these types of social media features are governed by the privacy policies of those third parties.
How We Use the Information Collected Through the App
As explained above, Oddcast may collect Personal Information (only per your choice to opt-in), and collects non-personal Usage Information.
We may use information, including Personal Information and Usage Information, to:
Information Sharing
We may share non-Personal Information, such as aggregate user statistics,
demographic information and Usage Information with third parties, including
advertisers, content providers, and analytics providers, and third parties may
collect non-Personal Information when you download or use the App.
We do not share or sell your Personal Information with third parties for
direct marketing or any other purpose, with the following possible exceptions:
Third Party Content and Links to Other Sites
Certain content provided through the App may be hosted and served by third parties, which may include third party widgets (such as those that allow you to “like” or “share” content with third party web sites and online services). In addition, the App may link to third party web sites or content over which we have no control and which are governed by the privacy policies and business practices of those third parties. Oddcast is not responsible for the privacy practices or business practices of any third party.
Security
We take commercially reasonable security measures to secure the personal information submitted to us, both during transmission and once we receive it. However, no method of electronic transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the security of any information you submit and you do so at your own initiative and risk.
Consent to Transfer
If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the App, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Changes to this Privacy Policy
We may update this Privacy Policy at any time and any changes will be effective upon posting. Your continued use of the App indicates your consent to the updated Privacy Policy. However, we will use Personal Information previously collected in a manner consistent with the Privacy Policy in effect at the time you submitted it, unless you consent to the new or revised policy.
California Residents - Your California Privacy Rights
Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California, with whom the California resident has an established business relationship, certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as Oddcast does, by disclosing in its privacy policy that it does not share personal information with third parties for those third parties’ direct marketing purposes. As stated above in this Privacy Policy, Oddcast does not share your Personal Information with third parties for their direct marketing purposes.
What are Cookies?
A cookie is a small file that is stored on your computer through your web browser that allows
websites to recognize visitors and remember their activity. There are several types of
cookies. Some may last just for the duration of your visit while others may persist longer,
allowing the website to recognize visitors over multiple visits.
The ElfYourself
website uses cookies that may be classified into the following two types: Essential Cookies
and Non-Essential cookies. You have the option of disabling use of Non-Essential cookies
when using the ElfYourself website.
1. Essential Cookies
This category refers to session analytics cookies, both our own, and from Google Analytics.
These cookies are used to provide us with information about the way the site is performing,
and enables us to monitor and subsequently improve services. Information such as session
length & the percentage of repeat visitors is collected based on the presence of these
cookies. These cookies may stay around for up to 30 days, at which point they naturally
expire and disappear.
It is important to note that these cookies do not store, and
the application does not collect, personal information. The data collected is used in the
aggregate and does not identify the habits or actions of any individual user. Nor are these
cookies or the aggregate data derived from them shared with any 3rd party (other than Office
Depot) for any purpose whatsoever.
2. Non-Essential Cookies
Some cookies that we use are not required to provide the core functionality of our website
but help us offer some features which the product could, if needed, do without.
You
may disable these non-essential cookies - and if you do so you will not be able to use the
following features:
* Connection to Facebook - getting your photos from your Facebook account and sharing your Elf dance on Facebook will be disabled.
*Connection to Instagram - getting your photos from Instagram will be disabled.
*Connection to Pinterest - publishing your personal dance images to Pinterest will be disabled
* My Library feature - ElfYourself stores your previously uploaded facial images in local cookies, so that you may use them again during the same session or in subsequent visits. This feature would be disabled.
Advertising Cookies
These cookies are used to track and store when you and others see and interact with our website, marketing communications and advertisements. We use this data to target and personalize marketing communications and advertisements on other websites. The purpose is to show you relevant products and services based on what you have previously viewed, searched or clicked when you visited our website. Ad networks would use your web browsing history to select which advertisements to display on their network websites. These advertisements may include advertising for our websites.
Manage Your Preferences
You may manage your cookie preferences here.
Using cutting edge AI, we’ve reimagined some of our dances!
Here are some examples:
Select Up To 6 Images to add to the dance
On Windows - Hold CTRL key to multi-select
On Mac - Hold COMMAND key Key to multi-select
