Terms of Service

Last Updated: January 10, 2016

Sublime Software Pty Ltd, Inc. ("Sublime", "we" or "us") provides a platform to enable you to develop and manage smart phone and tablet applications (each a “Mobile Application”) and mobile website solutions (each a “Mobile Site”) as well as related hosting and support services (the "Service"). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites. By using the sublime.software web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Sublime reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service. You can review the most current version of the Terms of Service at any time at: http://sublime.software/terms-of-service. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.

Account Terms

You must be 13 years or older to use this Service and open an account ("Account").

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.

You are responsible for maintaining the security of your Account and password. Sublime cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Sublime will be the sole publisher of your Mobile Applications with any mobile platform provider including, but not limited to, for the Android Market, but excluding Apple Computer, Inc. ("Apple"). Such mobile platform providers are referred to in these Terms of Service as "Providers" and you may not use your own Account to publish a Mobile Application with any such Providers. As noted above, Apple is not considered a Provider under these Terms of Service and consequently, if you use the Service to develop a Mobile Application for the platforms and operating systems for the mobile devices of Apple then you must enter into a separate agreement with Apple directly in this regard to become an Apple application developer and you and not Sublime will be the publisher of your Mobile Applications for Apple mobile devices. Notwithstanding the foregoing, you agree, to provide Sublime with full access to the account you create with Apple by providing Sublime with your Apple account login details (e.g. email address/password) so that Sublime may:

  1. initially publish your Apple Mobile Application,
  2. upgrade your Apple Mobile Applications when Sublime releases new versions of the Service, and
  3. track all revenue by you relating to such Apple Mobile Application and account for such revenues in the context of the Service.

Except for Site Advertisements (defined below), you are responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Your Content includes any advertisements sourced and/or made available by you via your paid Mobile Offerings.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).

See Sublime’s Privacy Policy for information and notices concerning Sublime’s collection and use of your personal information and that of end users.

Free Trials

We may offer free trial subscriptions during which you may use the Service for the time period specified in the promotional offer (“Trial Period”). Free trial subscriptions may not be combined with any other offer and are only available to customers who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. Free trials only apply to paid Mobile Offerings.

You will receive a notice from us that your free Trial Period has ended and you will have the option to provide payment information in order to continue to use the Service. You may cancel your subscription at any time. Please see the Section below titled “Cancellation and Termination” for further information.

If we have provided notice to you that your free Trial Period has ended, and you do not choose to provide your payment information to use a paid version of the Service, you understand and agree that we may delete any of your Content within a commercially reasonable time after the expiration of the applicable Trial Period.

Payments and Refund Terms

Except in connection with a Trial Period or a free feature of the Service, a valid credit card is required.

The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. If your account is billed on a yearly basis and you wish to discontinue service, you must provide 72 hours notice before your billing anniversary date in order to insure no additional billing for the following year. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Sublime will use commercially reasonable efforts to have the Mobile Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile Application is denied by the appropriate Provider, you may cancel your Account. However, there are no refunds under any circumstances.

If invoiced, payment is due upon receipt.

Revenue Share

If you decide to distribute your Mobile Application through a Provider, we will collect from the Provider the revenue share resulting from (i) the sale of the Mobile Application (total sales revenue, as determined by the Provider, less revenue share retained by the Provider) ("Application Sales Revenue"), and retain ten percent (10%) of Application Sales Revenue, and/or (ii) payments made by Mobile Application users for activities within the Mobile Application (total revenue for such in-application payments, as determined by the Provider, less revenue share retained by the Provider) ("In-Application Revenue") and retain ten percent (10%) of such In-Application Revenue. We will remit to you the remainder amount of such Application Sales Revenue and In-Application Revenue within thirty (30) days of our receipt of the Provider’s payment thereof. By way of illustration, if the Provider’s revenue share is thirty percent (30%) and the total Application Sales Revenue is one dollar ($1), the Provider will retain 30¢, Sublime will retain 10¢, and you will be entitled to 60¢.

If you decide to sell any digital media (including music, videos or other content) through the Mobile Application by using iTunes, Amazon, or 7digital ("Stores"), you may only use straight links to the Stores (i.e., you are not allowed to use any affiliate links). You acknowledge and agree that Sublime may use affiliate links to the Stores and retain 100% of the applicable affiliate revenue. You may use affiliate links to any other store, other than the Stores, through which you sell your Mobile Application.

For Apple Mobile Applications created using the Service you agree to pay to Sublime the following:

  1. ten percent (10%) of any sales revenue you receive from Apple for sales of your Mobile Application,
  2. ten percent (10%) of payments made by Mobile Application users for activities within the Mobile Application that you receive from Apple, and
  3. if you decide to include any kind of advertising in such Mobile Application using Apple’s iAds service (or a similar service), ten percent (10%) of any revenues you receive from Apple for such advertising.

All such payments will be made either:

  1. directly via the Service for which fees Sublime will charge your credit card or
  2. by sending payments to Sublime via wire transfer, in accordance with the terms that are set forth on the applicable invoice, which terms are incorporated herein by reference and form part of these Terms of Service.

Cancellation and Termination

You are solely responsible for properly cancelling your Account. Account cancellation requests must be submitted via http://sublime.software/contact. Cancellations by phone or sent via any other means will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Sublime, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Sublime service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Sublime reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Sublime reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.

Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.

Sublime shall not be liable to you or to any third-party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.

From time to time, Sublime may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Sublime will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

Free Mobile Website Solution

As part of the Service, in addition to offering Mobile Sites for which you can pay a fee to create and manage through the Service, you can also create and manage a Mobile Site without charge (each a “Free Mobile Website Solution”). If you choose to use our Free Mobile Website Solution, you understand and agree to the following terms:

  1. Sublime has the sole and exclusive right to place and/or run any and all advertising (including, but not limited to, advertising campaigns and affiliate links) (“Site Advertising”) on the Free Mobile Website Solution in its sole discretion and you will not place and/or run Site Advertising of any kind on the Free Mobile Website Solution;
  2. you will not be entitled to compensation of any kind as a result of any Site Advertising made available via a Free Mobile Website Solution; and
  3. you will not interfere with the display of any Site Advertising or enable or encourage any third party to engage in the foregoing activity.

You may convert a Free Mobile Website Solution to a paid Mobile Site by upgrading via the Content Management System (CMS) at any time. For more information regarding paid Mobile Sites and the applicable fees you may visit sublime.software. In a commercially reasonable amount of time after the conversion, Sublime will provide you with access to the End User Data (defined below), that it may have retained as of the effective date of the conversion (“Specific Shared Data”). You acknowledge and agree that your use of any Specific Shared Data will be in accordance with the terms of the Sublime Privacy Policy.

In the event that you downgrade from a paid Mobile Site to a Free Mobile Website Solution, you will not have access to the End User Data (defined below) that may be collected after the effective date of the conversion and the terms of this Section will apply to your use of the Service.

End Users and End User Data

Sublime may collect certain information generated or provided by end users of a Mobile Offering (“End User Data”). Depending on the type of Mobile Offering you choose to create via the Service, End User Data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:

You and your Mobile Offering must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the Provider as applicable. Any privacy policy you make available to end users of your Mobile Offering (the “Privacy Policy”) will include any and all disclosures and election procedures that may be required under applicable laws in light of the provision of the Service contemplated by these Terms of Service, including, without limitation, clear and conspicuous disclosure to end users about your practices with respect to the collection, use and sharing of End User Data on or through the Service and your use of third-party service providers.

You agree to comply with the terms and conditions of your Privacy Policy. In the event that any modifications are made to the Privacy Policy that prohibits, or materially impair Sublime’s ability to provide the Service or potentially subjects you or Sublime to claims of third parties or enforcement authorities, Sublime may suspend, discontinue or terminate performance of the Service, in our sole discretion.

If you choose to create a Free Mobile Website Solution via the Service:

  1. we may collect End User Data and use and exploit such data in our sole discretion in accordance with the terms of the Sublime Privacy Policy;
  2. as between Sublime and you, Sublime has all right, title and interest to any End User Data and Sublime has no obligation to provide you with access to, or share, any such End User Data with you; and
  3. you will not interfere with the collection of End User Data by Sublime via any Free Mobile Website Solution or enable or encourage any third party to engage in the foregoing activity.

You are solely responsible for your interactions (including any disputes) with end users, and Sublime does not in any way screen end users. Sublime may, but is under no obligation to, monitor or censor any comments made by end users or content provided by end users and disclaims any and all liability relating thereto.

License Grant, Copyright and Content Ownership

You hereby grant to Sublime a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. Sublime does not claim any ownership rights in your Content, and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.

We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow others to view and share your Content via your Mobile Offering.

Sublime does not pre-screen Content, but Sublime and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. Sublime exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without the express written permission from Sublime.

You shall be solely responsible for securing and paying for all digital phono-record delivery mechanical licenses, any public performance licenses, synchronisation licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Mobile Offering.

General Conditions

You agree that you will not post, upload, publish, submit or transmit any Content that:

  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  3. is fraudulent, false, misleading or deceptive;
  4. is targeted to children or may be deemed "directed to children" as the term is defined under Children’s Online Privacy Protection Act of 1998;
  5. is defamatory, obscene, pornographic, vulgar or offensive;
  6. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  7. is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
  8. promotes illegal or harmful activities or substances.

You acknowledge that Sublime has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Sublime reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.

You understand that Sublime uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Sublime service.

You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sublime.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sublime customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve:

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Disclaimers

Your use of the Service is at your sole risk.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUBLIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

Sublime does not warrant that:

  1. the Service will meet your specific requirements, 
  2. the Service will be uninterrupted, timely, secure, or error-free, 
  3. the results that may be obtained from the use of the Service will be accurate or reliable, 
  4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
  5. any errors in the Service will be corrected.

Indemnity

You agree to defend, indemnify, and hold Sublime, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:

  1. your access to or use of the Site or the Service; 
  2. your violation of these Terms of Service; or
  3. your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering.

Limitation of Liability

You expressly understand and agree that Sublime shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sublime has been advised of the possibility of such damages), resulting from: 

  1. the use or the inability to use the Service; 
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; 
  3. unauthorised access to or alteration of your transmissions or data; 
  4. statements or conduct of any third party on the Service; 
  5. or any other matter relating to the Service. In no event shall Sublime’s liability to you exceed the amount paid to Sublime by you during the preceding 12 months.

Governing Law

These Terms of Service and any action related thereto will be governed by the laws of the State of New South Wales without regard to its conflict of laws provisions.

Dispute Resolution

You and Sublime agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Offering (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Sublime are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sublime otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.

Arbitration Rules and Governing Law. The arbitration will be administered by the Australian Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New South Wales and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. The arbitration will be conducted in the county of Sydney, New South Wales, Australia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Sublime submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Sublime will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the "Modification" section above, if Sublime changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by contacting us at http://sublime.software/contact) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Sublime’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sublime in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

General

The failure of Sublime to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sublime and govern your use of the Service, superseding any prior agreements between you and Sublime (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.

You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

Contacting Sublime; Technical Support

Questions about the Terms of Service or for general technical support information you may visit http://sublime.software/contact. If you have purchased an upgraded support package, please contact us via the phone number provided to you.

 
 

PRIVACY POLICY

Effective January 1st, 2016.

Sublime Software Pty Ltd. (“Sublime”, “we” or “us”) provides a platform to enable customers (“Sublime Customers”) to develop and manage smartphone and tablet applications (each a “Mobile Application”) and mobile website solutions (each a “Mobile Site”) as well as related hosting and support services (the "Service"). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites.

This Privacy Policy is made available on our website at http://sublime.software/privacy-policy (“Site”), and provides information on our policies and procedures regarding the collection, use and disclosure of personal information we receive from:

  1. Sublime Customers,
  2. end users that download, access and/or use the Mobile Offerings (“End Users”), and
  3. visitors just browsing the Site (“Visitors”).

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organisation or among our affiliates within the Australia or internationally.

(A) Sublime Customers

If you are a Sublime Customer, when you register with us through the Site to create and manage Mobile Offerings, we will ask you for personally identifiable information, such as your name, company name, email address, billing address, and credit card information. We use such personally identifiable information (in some cases, in conjunction with your non-identifying information, such as your zip code) mainly to provide the Service, complete your transactions, administer your inquiries, and contact Sublime Customers regarding account activities, new version and product offerings, or other communications relevant to the Service.

In addition, we may collect information related to interactions of End Users with your Mobile Offerings as described in part (B) below.

We do not sell any personally identifiable information of Sublime Customers to any third parties. The instances where we may share such information with third parties are described in part (D) below.

You may review and update the personally identifiable information in your registration profile by logging in and editing such information in your dashboard. If you decide to delete all of your information we may cancel your account. We may retain an archived copy of your records as required by law or for legitimate business purposes.

(B) End Users

Except in the case of Free Mobile Website Solutions (defined below), if you decide to download, access and/or use a Mobile Offering, we will be collecting and storing on behalf of the applicable Sublime Customer any personally identifiable information that you provide to such Sublime Customer, such as your name, email address, postal code, birthday, and other optional information that a Sublime Customer may choose to collect, which optional information is not required to use the Mobile Offering. Other instances where the data you provide through use of a Mobile Offering is collected by Sublime on behalf of our Customers is where you choose to allow a Mobile Offering to collect your location data. In these instances, such location data will be available to the applicable Sublime Customer. In addition, if you have an account with Facebook, Twitter, or Foursquare or other similar websites (each a “Social Network”), your Social Network identity, including your public picture, may be associated with your location data. 

THIS MEANS THAT THE SUBLIME CUSTOMER WILL BE ABLE TO IDENTIFY YOU PERSONALLY AND SEE SPECIFIC LOCATIONS THAT YOU HAVE RECENTLY VISITED, INCLUDING, POTENTIALLY, YOUR REAL TIME LOCATION, AND MAY DECIDE TO CONTACT YOU, FOR INSTANCE, BY INFORMING YOU ABOUT EVENTS OR PRODUCT OFFERINGS AVAILABLE IN YOUR AREA. YOU MAY AT ANY TIME TURN OFF THIS FUNCTIONALITY BY USING THE IN-APP PRIVACY SETTINGS.

Sublime Customers can also create and manage a Mobile Site via our Service without paying a fee to Sublime to do so (each a “Free Mobile Website Solution”). In the event that you use a Free Mobile Website Solution, Sublime will collect and store any personally identifiable information that you provide via the Free Mobile Website Solution, such as your name, email address, phone number, location and other optional information that we may choose to collect, which optional information is not required to use the Free Mobile Website Solution. We may use your personally identifiable information collected in these instances to contact you with information that may be of interest to you. If you no longer wish to receive such information from us, please follow the unsubscribe instructions provided in any of the communications. In the event that a Sublime Customer converts its Free Mobile Website Solution to one for which the customer must pay a fee to provide via our Service, the personally 

Identifiable information and other information retained by Sublime prior to the date of conversion (“Specific Shared Data”), will be shared with the Sublime Customer for use by such customer to provide you with information and marketing materials about its own products and services. We only share Specific Shared Data with a Sublime Customer pursuant to an agreement under which such customer is obligated to maintain and use the Specific Shared Data it receives solely in compliance with the Sublime Privacy Policy. After conversion of the Free Mobile Website Solution to a paid Mobile Site, information collected from you via the website will be done so by Sublime on behalf of the Sublime Customer as described herein.

On behalf of Sublime Customers, we may also collect your IP addresses as well as non-identifying details such as the geographic location of the IP address you are using to access the Internet, the type of browser used, which and how many web pages have been viewed by you, which applications you have used, search terms used, referring/exit pages, platform type and date/time information. This data is collected directly by Sublime when you use a Free Mobile Website Solution.

When you use a Mobile Offering, you may allow other End Users to send you personal messages, in which case we may send you alerts when you get a new message. You may at any time turn off this functionality by using the in-app privacy settings.

We do not sell any personally identifiable information of End Users to any third parties. The instances where we may share such information with third parties are described in part (D) below.

You may be asked by Sublime Customers to provide additional information to them, including your personally identifiable information, to be used and shared pursuant to their own privacy policies. We encourage you to read such privacy policies before providing any information to any Sublime Customers or other third parties. While working with reputable customers is a top priority for us, we are not responsible for the use of your information by Sublime Customers, and disclaim any liability related thereto.

Advertisement Links

The Mobile Offerings may contain links to other websites. Such websites may use cookies and/or other data collection tools. Sublime is not responsible for the privacy practices, policies or the content of such websites. Sublime encourages you to read the posted privacy policies whenever interacting with any website to learn more about the privacy practices of that website. Sublime has no control over the use of your personally identifiable information by third party websites, and you should exercise caution when deciding to disclose any personally identifiable information. Additionally, Sublime does not have access to, or control of, the cookies and/or other data collection tools that may be placed on any advertisement by a third party, including those of our Sublime Customers, and this Privacy Policy does not cover the use of cookies and/or other data collection tools by any third party.

Your Australian Privacy Rights:

Australia's Civil Code permits End Users who are Australian residents to request certain information regarding Sublime’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@sublime.software.

(C) Visitors

This section describes the information that we may collect from Visitors. To the extent you are a Sublime Customer or an End User and visit the Site, this section will apply to you as well.

If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Sites and/or the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at support@sublime.software and request to be removed from our list.

When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s IP address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs.

Like many websites, we may use both session cookies and persistent cookies to better understand how you interact with the Site, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and the Service. In addition, please be aware that other parties may also place their own cookies on the Site, and may collect or solicit personal information from you. A session cookie enables certain features of the Sites and the Service and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. As described above, most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

(D) General

The following provisions apply to everybody (Sublime Customers, End Users and Visitors).

Sharing

We may share and/or disclose information that we collect from Sublime Customers, End Users and Visitors in the following instances:

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include personally identifiable information, and we may otherwise disclose non-identifying information and Log Data with third parties for industry analysis, demographic profiling and other purposes.

Service Providers

We may employ third party companies and individuals to facilitate our Site and Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analysing how our Site and Service are used. These third parties have access to information that we collect from Sublime Customers, End Users and Visitors only to perform these tasks on our behalf.

Business Transfers

Sublime may sell, transfer or otherwise share some or all of its assets, including personally identifiable information collected from Sublime Customers, End Users and Visitors, in connection with a merger, acquisition, reorganisation or sale of assets or in the event of bankruptcy.

Compliance with Laws and Law Enforcement

Sublime cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information collected from Sublime Customers, End Users and Visitors to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Sublime or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Data Security

Sublime is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorised access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Sublime transfers personally identifiable information to the United States and processes it there. Whether you are a Sublime Customer, an End-User or a Visitor, your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third-party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorisation or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

Neither this Site nor the Service is directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at support@sublime.software. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at support@sublime.software.