Privacy Policy

Stern Pinball Privacy Policy

Last Updated: October 4, 2021

Effective Date:  October 4, 2021

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 your rights and choices 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 13 (“Child Users”). This Privacy Policy is not, however, 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. If we make changes that we deem material, we will use reasonable efforts to notify (such as by placing a notice on the website or in a game, or by sending you a notice to the email address we have on file for you). Our privacy policy includes an “effective date” which refers to the date that the current version took effect. 

If you have any questions, comments, or concerns regarding this Privacy Policy or our data practices, please contact us at info@sternpinball.com the following support form, telephone number, or mailing address:

TABLE OF CONTENTS

1.   Types of Personal Information We Collect

2.   Children’s Information

3.  Cookies and Other Technical Information 

4.  Why We Collect Your Personal  Information

5.   How We Share Your Personal Information

6.   How We Protect Personal Information

7.   Your Choices

8.   Your Rights in Relation to Your Personal Information   

9.   Notice to California Residents

10.  Other Important Information 

11.  Contact Information

PRIVACY NOTICE

  • Types of Personal Information We Collect

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 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 First Party Tracking

We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. 

We have a legitimate interest in making our website operate efficiently. 

Cookies and Third Party Tracking
  • We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites.  
  • Where required by law, we base the use of third party cookies upon consent.  For more information, please see the Cookies and Other Technical Information section below.

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.

Distance Information

When you use one of our Apps we collect your location from the GPS, Wi-Fi, and/or cellular technology in your device.   

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.

Email Interconnectivity
  • If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.
  • We have a legitimate interest in understanding how you interact with our communications to you.

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 have a legitimate interest in receiving, and acting upon, your feedback or issues.

Mailing List

When you sign up for one of our mailing lists we collect your email address or postal address.    

We also have a legitimate interest in sharing information about our products or services.

Mobile Devices
  • We collect information from your mobile device such as unique identifying information broadcast from your device. 
  • We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices.

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.

Partner Promotion

We collect information that you provide as part of a co-branded promotion with another company.

We have a legitimate interest in fulfilling our promotions. 

Surveys

When you participate in a survey we collect information that you provide through the survey.  If the survey is provided by a third party 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
  • 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 have a legitimate interest in complying with those laws.

Website interactions

We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms.  This may also include information about your device or browser.

We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful.  We also have a legitimate interest in detecting and preventing fraud.

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.  

  • 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’ll require that 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 Children’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 SuperAwesome Trading Limited 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, require us to correct or delete such personal information, request that 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.

SuperAwesome.  We use Kids Web Services (“KWS”), a product of SuperAwesome Trading Limited of 2-4 Packhorse Road, Gerrards Cross, Buckinghamshire, SL9 7QE, England, United Kingdom for obtaining verified parental consent (if applicable) and informing parents of their Child’s online activities. You may contact SuperAwesome directly at privacy@superawesome.com for any questions related to their use of Personal Information. SuperAwesome’s privacy policy for KWS can be found at https://www.superawesome.com/kids-web-services-privacy-policy/. 

SuperAwesome’s 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.

SuperAwesome is also a valid licensee, and participating member, of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”). To protect your privacy, SuperAwesome has voluntarily undertaken this privacy initiative, and its services have been reviewed by ESRB Privacy Certified to meet established online information collection, use and disclosure practices. As a licensee of this privacy program, SuperAwesome’s services are subject to audits and other enforcement and accountability mechanisms administered independently by ESRB Privacy Certified.

  • Cookies and Other Technical Information

We, and our vendors, and business partners may send “cookies” to your computer or use similar technologies to understand and enhance your online experience on our websites and through our advertising and media across the Internet and mobile apps.

Cookies are small text files placed in your browser.  We may use cookies and other technologies to help recognize your browser or device, maintain your preferences, provide certain website or app features, and collect Information about interactions with our websites, our content, and our communications. We may also use cookies and other technologies (i) to provide, develop, maintain, personalize, protect, and improve our Services  and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Services and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services. Cookies and other technologies also facilitate, manage, and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. 

Managing cookies and other technologies. Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies.

You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or Services’ features.

Some of our Services may use Google Analytics to analyze traffic. You can find out more information about Google Analytics cookies by visiting the follow location provided: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available by visiting the following location: https://tools.google.com/dlpage/gaoptout?hl=en.




  • Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions. We continue to review new technologies and may adopt a standard once one is created.
  • 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 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.
  • How We Share Your Personal Information

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

  • Affiliates and Acquisitions. We may share 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.  
  • Other Disclosures with Your Consent.  We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
  • Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws.  We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
  • 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. 
  • 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. 
  • Service Providers. We may share your information with service providers.  Among other things, service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
  • In addition to the sharing described above, we may share your information with other third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy if we have your consent to do so
  • Your Choices
  • 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. 
  • 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 (our contact information is below) 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.
  • Your Rights in Relation to Your Personal Information
  • Depending on applicable law where you are located, you may be able to assert certain rights related to your personal information identified below.  If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Stern has absolute discretion in providing you with those rights. The rights you may have include:
  • Access To Your Personal Information. You may request access to your personal information held by us.  If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.  California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.  
  • Changes To Your Personal Information. We rely on you to update and correct your personal information.  Most of our website allow you to modify your account profile.  If our website does not permit you to update or correct certain information, you contact us at the address described below in order to request that your information by modified. Note that we may keep historical information in our backup files as permitted by law.  
  • Deletion Of Your Personal Information. You may request that we erase your personal information, subject to applicable law. Please note that we may be required by law to retain your information. 
  • Typically, we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law.  You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below.  If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.  
  • Objection to Certain Processing. Depending on the applicable law, you may be able to object to our use or disclosure of your personal information by contacting us at the address described below.  
  • Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing 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.
  • Withdraw consent. 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 Stern’s processing based on consent before your withdrawal.
  • Automated decision making. In some jurisdictions, you may 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 Stern about you solely on the basis of automated decision making which has a significant impact on you.
  • We will not discriminate against you for exercising your rights. Please address written requests and questions about your rights to info@sternpinball.com. 

If you are located in a jurisdiction that grants you some or all of the rights above, you should note that your rights with regard to your personal information are not absolute.  Depending upon the applicable law, requests may be denied: (a) when denial of the request is required or authorized by law; (b) when granting the request 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 for other reasons.

Note that, as required by law, in order to exercise your rights, we will require you to prove your identity.  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. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of the following information to the request:

  • Documentation indicating that you have authorization to act on the consumer’s behalf (e.g., a signed and notarized consent form); and 
  • If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

If we do not receive both pieces of information, the request will be denied.

  • How We Protect Personal Information

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.

  • Notice to California Residents

California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether the following categories of personal information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” (as those terms are defined under California law).  We do not “sell” your personal information. The table below indicates the categories of personal information we collect and transfer in a variety of contexts.  Please note that because this list is comprehensive, it may refer to types of information that we collect and share about people other than yourself.  For example, while we transfer credit card or debit card numbers for our business purpose in order to process payments for orders placed with us, we do not collect or transfer credit card or debit card numbers of individuals that submit questions through our website’s “contact us” page.

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 number, education, bank account number, credit card number, debit 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
  • Other Important Information 

The following additional information relates to our privacy practices:

  • Transmission of Information to Other Countries. We operate internationally. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information.  By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.  If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.
  • Personal Information Transferred Out of the EU.  We rely on Standard Contractual Clauses approved by the European Commission to facilitate the business to business international of personal information collected in the EEA, the United Kingdom and Switzerland (“European personal information”), and any onward transfer of such information, to the extent the business receiving the European personal information is located in a country that the EU considers to not provide an adequate level of data protection. We may also rely on an adequacy decision of the European Commission confirming an adequate level of data protection in the jurisdiction of the party receiving the information.
  • Third Party Applications/Websites. Our Service may link to third party websites.  We have no control over the privacy practices of websites or applications that we do not own.  For more information about the third party’s data processing activities, please refer to the third party’s privacy notice. 
  • Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
  • Contact Information.  If you have any questions, comments, or complaints concerning our privacy practices please contact us at  info@sternpinball.com.  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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