Privacy Policy

Stern Pinball Privacy Policy

Last Updated:  March 20, 2024

This Privacy Policy describes how Stern Pinball, Inc. and our affiliates (collectively, “Stern,” “we,” “us,” or “our”) collects, uses, shares, and safeguards personal information and the rights and choices you may have  with respect to your personal information.

This Privacy Policy covers our website, products, software, applications, content, data feeds and other services (“Services”) on which an authorized link to this Privacy Policy is posted.  This Policy covers our practices regarding Stern users of all ages, including a unique set of practices for those under the age of thirteen (13) (“Child Users”).  This Privacy Policy is not a contract and does not create any legal rights or obligations.

To the extent our data processing activities change or new laws impact our obligations, we may update this Privacy Policy.  When we do, we will revise the “last updated” date at the top of the policy.  When we make a change, we will provide you with notice of such updates as required by applicable law, and will revise the date at the top of this Privacy Policy. You are advised to review this page periodically for any changes. 

If you are visually impaired, you may access this notice through your browser’s audio reader.  

Identified below are the sections of our Privacy Policy, to review a specific section, click on the heading and that will take you to that section.  If you have any questions, comments, or concerns regarding this Privacy Policy or our data practices, please contact us at info@sternpinball.com.

  1.   Personal Information We Collect and Purpose of Collection
  2.   Children’s Information
  3.   Why We Collect Your Personal Information
  4.   How We Disclose Your Personal Information
  5.   Security
  6.   Retention
  7.   Marketing Communications
  8.   Privacy Rights
  9.   Notice of Collection to California Residents
  10. International Transfers
  11. Third Party Applications/Websites
  12. Contact Information

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  1. Personal Information We Collect and Purpose of Collection

The following provides examples of the type of information that we collect from you and how we use that information if you are over the age of digital consent. If you are under the age of digital consent under the applicable laws in your jurisdiction, we consider you to be a “Child User.” For more information about how we process Child Users’ personal information, please see the Children’s Information section below. 

Context Types of Data Primary Purpose for Collection and Use of Data
Account Registration We collect your birthdate, country of residence, name and contact information when you create an account.  

We also collect information relating to the actions that you perform while logged into your account.

 We use your information to perform our contract to provide you with our products or services.

We have a legitimate interest in providing account related functionalities to our users.  Accounts can be used for tracking game play, easy checkout and to save your preferences and transaction history.
Game Play We collect information about the Stern games that you play online and on Stern pinball machines around the world when logged in to your account.  This information may include your game play stats and performance and, when you play on a Stern pinball machine, the location of the machine. We use your information to perform our contract to provide you with our products or services.
Cookies and Other Tracking Technology  We and our vendors may send cookies  or use similar technologies to understand and enhance your online experience on our websites, and to assist with advertising and gathering analytics.   Please see our Cookie Notice, which can be viewed here for more information about how we use cookies, and our Cookie Dashboard for a list of the specific cookies and to exercise your choices. 
Demographic Information We collect personal information, such as your age or location. We have a legitimate interest in understanding our users and providing tailored services.
Feedback/Support If you provide us feedback or contact us for support we collect your name and e-mail address, as well as any other content you send to us so we can reply. We process your information based on your consent.  We have a legitimate interest in receiving, and acting upon, your feedback or issues.
Location Information When you use our App we may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device. If you do not want to share your location information, you can adjust your settings on your mobile device so that such information is not shared.   We have a legitimate interest in understanding our users and providing tailored services.  In some contexts, our use is also based upon your consent to provide us with geo location information.
Order Placement We collect your name, billing address, shipping address, e-mail address, phone number when you place an order, and use a third party provider to collect your credit card information. We use your information to perform our contract to provide you with products or services.
Surveys We may offer surveys for you to complete on a voluntary basis.  When you participate in a survey we collect information that you provide through the survey.  If the survey is provided by a third part service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. We have a legitimate interest in understanding your opinions and collecting information relevant to our organization. 
Sweepstakes or contests We may offer sweepstakes or contest that you can volunteer to participate in.  When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.  We have a legitimate interest in operating the sweepstakes.  In some situations, we are also required by law to collect information about those that enter into our sweepstakes, and we are legally required to comply with those laws.
Web Logs We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. We have a legitimate interest in monitoring our networks and the visitors to our websites.  Among other things, it helps us understand which of our services is the most popular.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

       2. Children’s Information

A “Child User” is a person under the age of digital consent under the law in their jurisdiction.  We do not intentionally collect personal information from children without seeking any required parental approval in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”).

We will ask you to provide age-related information in order to help us comply with laws like COPPA.  Once you have been identified as a Child User, you may register an account with us using a registration process similar to the one adults go through; however, Child Users will first be subject to a parental notice and consent process prior to activation of their account.  To initiate the registration and consent process for a Child User, we collect a parent or legal guardian’s email address.

If a user indicates they are a COPPA minor, we will require the user to complete a parental approval process before continuing to access our Services.  This process is designed to notify parents that their child has requested access to our Services, inform them about our privacy practices, offer them the opportunity to approve our collection and use of their child’s information as described in this policy, and describe the controls that we make available to them.

The personal information we collect from or about Child Users is used to give them access to certain features of the Services and communicate with a parent or legal guardian about the Child User’s registration, including for the purpose of verifying their information in connection with the registration.  We do not share or otherwise disclose a Child User’s personal information, except (1) as may be necessary to protect the safety of a child, including by disclosing their personal information, where appropriate, to law enforcement agencies or for an investigation related to public safety; (2) to enable us to take precautions against liability; (3) to protect the safety and security of the Services; or (4) where required to do so by law or legal process.

We use third-party service providers such as Kids Web Services (KWS) which is described below to collect or maintain Child Users’ personal information through the Services. 

At any time, a parent or legal guardian may review their Child’s personal information maintained by us, request us to correct or delete such personal information, request we delete their child’s account, and/or refuse to permit us from further collecting or using their child’s personal information by contacting us using the email address provided in the Contact section below.  To protect parents and legal guardians’ privacy and security and the privacy and security of children, we may require a parent or legal guardian to take certain steps or provide additional information, which we will keep strictly confidential, to verify their identity before we provide any information about the child or make any corrections.

Kids Web Services (KWS).  We use Kids Web Services (“KWS”), for obtaining verified parental consent (if applicable) and informing parents of their Child’s online activities.  You may contact Kids Web Services (KWS) directly at privacy@kidswebservices.com for any questions related to their use of personal information. The privacy policy for KWS can be found at https://www.kidswebservices.com/privacy-policy/.

KWS is designed specifically to power kid-friendly registrations and digital experiences, as well as parental management tools, across the web and mobile ecosystem in compliance with the COPPA and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) (“GDPR”).  

KWS is certified as COPPA-compliant by the kidSAFE Seal Program, an FTC-Approved COPPA Safe Harbor Program.  The kidSAFE Seal Program is an independent safety certification service and seal-of-approval program designed exclusively for children-friendly websites and technologies, including child-targeted game sites, educational services, virtual worlds, social networks, mobile apps, connected products, and other similar interactive services and technologies.  Click on the seal or go to www.kidsafeseal.com for more information.  To learn more about COPPA, you may also consult this simple one-page informational guide from the kidSAFE Seal Program: www.kidsafeseal.com/knowaboutcoppa.html.

KWS’ consolidated Parent Consent Management and Parent Verification solution has been certified by two FTC-approved COPPA Safe Harbor Programs, the Entertainment Software Rating Board’s (ESRB’s) Privacy Certified Program and the kidSAFE Seal Program. KWS is subject to audits and other enforcement and accountability mechanisms as part of this certification.

  1. Why We Collect Your Personal Information

In addition to the purposes and uses described above, we use information in the following ways: 

  • To identify you when you visit our websites, apps or play a Stern pinball machine or game.
  • To allow you to play games and track your performance through our website.  To provide products and services or to process returns.
  • To improve our services and product offerings.
  • To streamline the checkout process.
  • To conduct analytics.
  • To respond to inquiries related to support, employment opportunities, or other requests.
  • To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
  • For internal administrative purposes, as well as to manage our relationships.  

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose.  For example, if you complete an online purchase we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order.  As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

  1.   How We Disclose Your Personal Information

In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose your personal information in the following situations:

    • Service Providers.  We may disclose your information with service providers who help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
    • Affiliates and Acquisitions.  We may disclose information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control).  If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
  • Merger, Sale, or Other Asset Transfers. We may disclose or otherwise transfer your personal information to our professional advisors, potential transactional partners, or other third-parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
  • As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose your personal information if we believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any of our tax reporting requirements; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to your requests; or (iv) protect your, our, or others’ rights, property, or safety. We may be required to disclose your information to (a) taxing authorities as part of our tax reporting requirements, (b) regulatory agencies; or (c) law enforcement authorities or other governmental agencies or via subpoena.
  • Our Outside Professional Advisors. We may share or disclose your personal information with any of our professional advisors such as attorneys or accountants (“Outside Professionals”) to facilitate the professional advice from those Outside Professionals. 
  • With Your Consent. When you provide your consent to share your personal information, we will share it in the way(s) you specify, including when you request it be shared with others
  • Partner Promotion.  We may offer contests, sweepstakes, or other promotions with third party partners.  If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them.  Their use of your information is not governed by this Privacy Policy.
  • Public.  Our website may provide the opportunity to post comments, or reviews, in a public forum.  If you decide to submit information on these pages, that information may be publicly available.
  1. Security

No method of transmission over the Internet, or method of electronic storage, is fully secure.  While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information.  In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Our website permits you to create an account.  When you do you will be prompted to create a password.  You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you.  You should notify us of any unauthorized use of your password or account.

  1. Retention 

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. Note, retention requirements may vary based on the location where you reside.

  1. Marketing Communications

Promotional Emails.  You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties.  You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive.  If you decide not to receive promotional emails, we may still send you service related communications.

For users in the European Economic Area, the United Kingdom and Switzerland, to the extent we can rely on legitimate interest under the applicable law, we will only send you marketing communications about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you.  Otherwise, we will contact you by electronic means for marketing purposes only if you have consented to such communication. 

Please note that “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to this Privacy Policy. Additionally, you should be aware that any information provided to third-parties prior to your election to unsubscribe will not be retrieved or rescinded, unless required by applicable law.

Promotional Mailings.  If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us at  info@sternpinball.com with “NO SNAIL MAIL” in the subject line along with your name, address and zip code.  Please note that our mailings are prepared in advance of their being sent.  Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.

  1.   Privacy Rights 

Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. 

California, EEA, Switzerland & UK. If you are a resident of California, or if you are located in the European Economic Area, Switzerland or the United Kingdom at the time your personal information is collected by us, you have the following rights:  

  • Right to Know/Access. You may have the right to obtain a copy, or a list of categories of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.
  • Right to Correct. You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate. In addition to the methods described below, you can correct your personal information through the Guardant Health physician and patient portals.
  • Right to Delete. Under certain circumstance, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping your personal information or as required by law. In addition, in the event your deletion request is honored, we may retain a record of your deletion request as required under applicable law. 
  • Right to Portability. You may have the right to receive a copy of the personal information we have collected about you in a structured, commonly used and machine-readable format.
  • Right to Opt-Out of Automated Decision-making or Profiling. You have the right not to be subject to a decision which significantly impacts your rights that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement). No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.
  • Right Against Discrimination. You may have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
  • Other Rights.  California residents also have the right to opt-out of selling and sharing of their personal information, and the right to the limit the use of their “sensitive personal information” (as defined under the CCPA). Stern does not sell your personal information and does not share your personal information for cross-contextual behavioral advertising purposes.  Stern does not process any “sensitive personal information”, to infer characteristics about you.   

EEA, Switzerland & UK.  If you are located in the European Economic Area, Switzerland or the United Kingdom at the time your personal information is collected by us, you also have the following rights:  

  • Right to Object. You may have the right to object to processing of your personal information for direct marketing purposes or if we are processing your personal information on the basis of our legitimate interest.  
  • Right to Restrict. In some jurisdictions, applicable law may give you the right to restrict or object to us processing or transferring your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
  • Right to Withdraw Consent.  In certain jurisdictions, to the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal.
  • Right to Lodge a Complaint. You may have the right to lodge a complaint with your local data protection authority about our processing of your personal information. Contact details for data protection authorities in the European Economic Area are available here, and contact details for the United Kingdom’s ICO are available here.

How to Exercise Your Rights.  If the applicable law provides you with these privacy rights, you may seek to exercise your rights by contacting us by phone, email at info@sternpinball.com, and put “Privacy Rights” in the subject line, or via mail to Stern Pinball (Privacy Rights), 2001 Lunt Ave, Elk Grove Village, IL 60007. 

Before fulfilling your request, we are required by law to have you verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. We may verify your identity by a phone call or an email. Depending on your request, we will ask for information such as your name, the last location you played a Stern pinball machine using your account, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. 

In certain jurisdictions, you may be able to use an authorized agent to submit a rights request on your behalf.  If the applicable law permits you to use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.

Your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or (e) for other reasons.

  1. Notice at Collection to California Residents

If you are a California resident, then this Notice at Collection section applies to you in accordance with the requirements under the California Consumer Privacy Act (“CCPA”).  

Categories of Personal Data We Collect About You

Categories of Personal Information We Collect To Whom We May Disclose Personal Information for a Business Purpose
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, social security number, driver’s license number, passport number or other similar identifiers. Government entities, as may be needed to comply with law or prevent illegal activity;
Internet service providers; Joint marketing partners; Operating systems and platforms; Other Service Providers; Payment processors and financial institutions
Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics or description, state identification card number, insurance policy card number, and other financial information, medical information, and health insurance information. Operating systems and platforms; Other Service Providers; Payment processors and financial institutions
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical or mental handicap, etc. Government entities, as may be needed to comply with law or prevent illegal activity; Operating systems and platforms; Other Service Providers
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Data analytics providers; Internet service providers; Operating systems and platforms; Other Service Providers
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. Advertising networks; Data analytics providers; Government entities, as may be needed to comply with law or prevent illegal activity; Internet service providers; Joint marketing partners; Operating systems and platforms
Geolocation data Data analytics providers;  Government entities, as may be needed to comply with law or prevent illegal activity;
Internet service providers; Operating systems and platforms; Other Service Providers

Purposes for Collection 

We may use your personal information for the purposes described in the Why We Collection Your Personal Information section above and as provided below:

  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services
  • Providing advertising and marketing services, including targeted advertising
  • To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
  • Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
  • Helping to ensure security and integrity and prevent fraud
  • Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them
  • Debugging to identify and repair errors
  • To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
  • To conduct research and development, including undertaking internal research for technological development and demonstration
  • To fulfill our legal function or obligations

Retention 

We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes.

Selling/Sharing Personal Information

Stern does not sell your personal information and does not share your personal information for cross-contextual behavioral advertising purposes.  

  1. International Transfers

Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including personal information, to United States and process it there.

We will take all the steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are appropriate safeguards in place as required under the applicable data protection laws, and ensuring the security of your personal information maintained. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Services.

To the extent your personal information is subject to the EU General Data Protection Regulation (GDPR), UK GDPR, or the Swiss Federal Act of Data Protection, please note that when we transfer your personal information to our service providers or other third parties, we do so subject to appropriate safeguards as permitted under those data protection laws, including:  (i) through the use of standard contractual clauses approved by an appropriate regulatory authority, such as the European Commission or the U.K. Information Commissioner’s Office; (ii) an Article 49 derogation in specific situations; or (iii) any other compliant transfer mechanism.  We may also rely on an adequacy decision of the appropriate regulatory authority confirming an adequate level of data protection in the jurisdiction of the party receiving the information. 

  1. Third Party Applications/Websites

Our Service may link to third party websites.  These links are intended for your convenience only.  These third-party websites and services are not related to Stern, and may have separate privacy policies and data collection practices. We have no responsibility for the third-party websites or their privacy practices and encourage you to read the privacy policies of all websites you visit.

  1. Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at info@sternpinball.com, or reach us by conventional mail at Stern Pinball, Legal, 2001 Lunt Ave, Elk Grove Village, IL 60007.  If you are not satisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.

END USER LICENSE AGREEMENT (EULA)

STERN PINBALL

END USER LICENSE AGREEMENT

This limited software license Agreement (“Agreement”) applies to your use of Stern Pinball Software pre-installed on a Stern Pinball Machine and any Authorized Updates made available to you. BY USING YOUR STERN PINBALL MACHINE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not use your Stern Pinball Machine or any Authorized Updates. Please read this entire Agreement, which governs your use of the Stern Pinball Machine, Stern Pinball Software and all Authorized Updates. ADULT CONSENT TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING YOUR STERN PINBALL MACHINE AND SOFTWARE AND ACCESSING OR USING ANY ONLINE GAMING PLATFORM, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO USE AND ACCESS TO YOUR MACHINE AND ANY ASSOCIATED ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT. DEFINITIONS.
  1. “Stern Pinball Machine” means a Stern Pinball arcade game machine.
  2. “Stern Pinball Software” means software (including but not limited to firmware) pre-installed in the Stern Pinball Machine, including all Authorized Content and any Authorized Updates that Stern Pinball may make available to You from time to time.
  3. “Authorized Content” means all Stern Pinball and third-party owned software and content incorporated into or used with the Stern Pinball Software or otherwise embedded in or utilized by a Stern Pinball Machine, including but not limited to graphics, images, music, vocals and voices.
  4. “Authorized Update” means an update to the Stern Pinball Software distributed by Stern Pinball or otherwise made available by Stern Pinball, including for download on its web site.
  5. “Unauthorized Content” means all content, including but not limited to limited to graphics, images, music, vocals and voices, that does not comprise Authorized Content or an Authorized Update.
  6. “Unauthorized Software” means any software (including but not limited to firmware) not pre-installed by Stern Pinball on a Stern Pinball Machine or that does not comprise Authorized Content or Authorized Update.
  7. “You” means the purchaser or current owner of a Stern Pinball Machine.
LICENSE. Stern Pinball hereby grants You a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Stern Pinball Software and Authorized Content and any Authorized Update solely for your personal use, or that of your patrons and customers if you are a commercial entity, for playing a single Stern Pinball Machine. The Stern Pinball Software, Authorized Content and Authorized Updates are licensed, not sold, to You, and no ownership rights are transferred by this Agreement. The Stern Pinball Software Authorized Content and Authorized Updates are protected by U.S. and international copyright. All rights not explicitly granted to you in this Agreement are reserved by Stern Pinball.
  1. As a condition to this Stern Pinball Software license, You agree that:
    1. You will not copy, reproduce, alter, replace, distribute, reverse engineer, decompile, disassemble, display, perform, create derivative works based on, or otherwise modify the Stern Pinball hardware or Stern Pinball Software or any Authorized Update, in whole or in part; and will not commercially exploit any of the foregoing.
    2. You will not use or install any Unauthorized Content or Unauthorized Software. Use of Unauthorized Content or Unauthorized Software may result in your Stern Pinball Machine ceasing to work permanently and/or losing access to Stern Pinball’s online game network, either immediately or after a later installed Authorized Update.
    3. You will not create, develop, distribute or assist anyone else in creating, developing or distributing any Unauthorized Content or Unauthorized Software intended for use with a Stern Pinball Machine, whether to add to or modify the gameplay, any audio content (whether music, sound or voice), or any video content of any Stern Pinball Machine, or to gain advantage in any online or other game modes, or otherwise.
    4. You will not share any Stern Pinball Software, Authorized Content or Authorized Update with any other person or company and will not permit anyone else to access or copy any Stern Pinball Software or Authorized Content or Authorized Update installed on your Machine for any purpose.
    5. In view of the rights held by third-party owners of Authorized Content (e.g., music and video clips), Stern does not have the legal authority to give permission to stream the gameplay of Stern Pinball Machines.
    6. You will not attempt to defeat or circumvent any anti-piracy, security, and/or technical measures to control access to the Stern Pinball Software, features, functions or content, prevent unauthorized use, or otherwise prevent anyone from exceeding the limited license rights granted under this Agreement, “Security Measures”. Attempting to defeat or circumvent any Security Measure may result in your Stern Pinball Machine ceasing to work permanently either immediately or after a later installed Authorized Update.
    7. Stern Pinball may update the Stern Pinball Software from time to time without further notice to You, for example, to update any anti-piracy, security, and technical measure.
PRIVACY POLICY Your use of the Stern Pinball Machine, Stern Pinball Software and any Authorized Updates are subject to Stern Pinball’s Privacy Policy which can be found at https://sternpinball.com/privacy-policy/   WARRANTY EXCEPT AS PROVIDED HEREIN, THE STERN PINBALL SOFTWARE, AUTHORIZED CONTENT AND AUTHORIZED UPDATES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, STERN PINBALL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STERN PINBALL DOES NOT WARRANT THAT OPERATION OF THE STERN PINBALL MACHINE OR ANY ONLINE OR CONNECTED GAME NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. EXCLUSION OF CERTAIN DAMAGES STERN PINBALL IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE THE STERN PINBALL MACHINE, STERN PINBALL SOFTWARE OR ANY AUTHORIZED UPDATE. THESE EXCLUSIONS APPLY EVEN IF STERN PINBALL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You. These terms apply to the maximum extent permitted by law and unless prohibited by law. These terms do not change your rights under the laws of your country if those laws do not permit that change. TERRITORY AND CHOICE OF LAW This License is valid only in the country in which you purchased your Stern Pinball Machine. This License will be subject to and construed in accordance with the laws of the State of Illinois, U.S.A., regardless of conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois, U.S.A. for the resolution of any dispute regarding this Agreement or the subject matter of this Agreement and to waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement may be updated by Stern Pinball from time to time with the current version posted at www.sternpinball.com/EULA. Your continued use of the Stern Pinball Software an Authorized Update after an updated Agreement has been posted constitutes your acceptance of all of its terms.
DOWNLOAD EULA (.PDF)
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