Last updated April 29, 2020

IMPORTANT: Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using any Capitanos Services (as defined below). Your use of Capitanos Services constitutes your acknowledgement of and agreement to follow and be bound by these Terms, and if you do not acknowledge or agree to these Terms, you should not, and are not authorized to, access or use any Capitanos Services. These Terms constitute a binding agreement between you and Golpe LLC and its affiliates (together, “Capitanos”, “we” or “us”), and govern all use by you of Capitanos Services, except as may be otherwise noted in these Terms.

Supplemental policies, standards and other terms and conditions may apply to particular Capitanos Services, in which case these will be made available on the Sites or otherwise within such Capitanos Services, and are incorporated by reference herein.

Definitions

Software and Services are collectively referred to as “Capitanos Services.” “Software” means any and all software applications distributed, published or otherwise made available by Capitanos or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computers and entertainment console devices, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and associated files, documentation or other materials, and any copies of the foregoing. “Services” means any and all services made available by Capitanos, including but not limited to services accessed through mobile devices and third party social and mobile networks, by means of a browser or by other online communication method, and via websites owned and controlled by Capitanos or a third party (the “Sites”), including www.capitanos.studio, www.darkzone.io, and any official websites for its Software.

Updates to these Terms of Service

We reserve the right to make changes to these Terms from time to time without advance notice and in our sole discretion. When we make changes to these Terms, we will post them here. We encourage you to bookmark and review these Terms on a regular basis in the course of using Capitanos Services. We provide you with access to and use of Capitanos Services strictly conditioned upon and subject to your compliance with these Terms.

YOUR RESPONSIBILITIES

Lawful Use
You understand and agree that Capitanos Services may be used only for lawful purposes consistent with their intended uses and in accordance with these Terms, and are available only for your personal, noncommercial use where your use is not prohibited by applicable laws and regulations. Capitanos Services may require the use of hardware, software, devices, internet and other third party products and services which must be separately obtained by you, and you are solely responsible for obtaining and paying for such products and services, and complying with any associated third party terms and conditions (including their payment terms for purchases related to Capitanos Services), which may impose further limitations on your use.

Children under 13 Years of Age

Capitanos Services are NOT intended for users under 13 years of age (whether or not our content has been rated as appropriate for such ages). Therefore, you are NOT authorized to use Capitanos Services if you are under 13 years of age. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

You are responsible for your own interactions and communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such interactions with and communications to Capitanos Services.

Prohibited Uses

We specifically prohibit any use of the Capitanos Services, and require all users to agree not to use the Capitanos Services, for any of the following:

• Providing any information which is incomplete, false, inaccurate, misleading or not your own
  
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that fails to comply with accepted Internet protocols
  
• Communicating, transmitting, or otherwise providing material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  
• Communicating, transmitting, or otherwise providing material that reveals trade secrets, unless you own them or have the permission of the owner
  
• Communicating, transmitting, or otherwise providing material that infringes on or violates any other intellectual property, privacy, publicity or contractual right of another
  
• Communicating, transmitting, or otherwise providing material that constitutes unsolicited, inappropriate, libelous, defamatory, obscene, offensive, threatening or otherwise harassing content
  
• Communicating, transmitting, or transferring (by any means) information or software derived from Capitanos Services to foreign countries in violation of any applicable export control laws
  
• Attempting to interfere in any way with Capitanos Services or our networks or network security (or those of our business partners), or attempting to use Capitanos Services to gain unauthorized access to any other computer system
  
• Communicating, transmitting, or otherwise providing material that is in violation of applicable laws or regulations Harassing, threatening, defrauding or “stalking” any other users or any employees or contractors of Capitanos or any of its business partners
  
• Making offers, advertisements or proposals for goods, services or other commercial activities outside of Capitanos Services
  
• Using Capitanos Services for anything other than their intended purpose or in any manner inconsistent with their intended use
  
• Using Capitanos Services in violation of applicable laws and regulations, these Terms or any terms and conditions of third party products, services and platforms that are used in conjunction with Capitanos Services
  
• Assisting, permitting or encouraging any party in engaging in any of the activities described above

Prohibited Behavior
You agree to never partake in the following behavior or actions while playing Darkzone: Idle RPG, or any of the games developed by Capitanos. Specifically, you agree to NEVER:

• Create, control, or own, more than one (1) individual game account (one account per person at most)
  
• Sell, trade, or exchange in-game items for real currency outside of our games
  
• Utilize automated tools, or any sort of automation, within our games
  
• Use auto-clickers, macros, or any external tool to play our games
  
• Modify, or tamper with, the source code of any of our games
  
• Make modified versions of our games available anywhere without our written consent
  
• Security Rules

Violations of computing, system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security and integrity of Capitanos Services, including, without limitation, the following:

• Accessing data not intended for you or logging on to our servers or accounts, which you are not authorized to access
  
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
  
• Attempting to interfere or interfering with or causing excessive use of the operation of Capitanos Services, our provision of services to any other users or visitors to our Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing” the Sites
  
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Capitanos Services
  
• Deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any code or underlying ideas or algorithms of any part of the Capitanos Services
  
• Using, developing or distributing any “bot”, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third party software designed to modify or interfere with or provide automated access to or use of the Capitanos Services (including for purposes of accumulating “digital” or “virtual goods” or “virtual currency” or bypassing features that otherwise require payment)
  
• Accessing the Capitanos Services through an unauthorized hardware or software interface, including through the use of emulation software.
  
• Assisting, permitting or encouraging any party in engaging in any of the activities described above
  
• If you create any accounts with us or with third party services for use with Capitanos Services, you are responsible for maintaining the security of your credentials, password, payment details and other sensitive information for the account, and you agree to pay all fees or charges incurred by such account, including applicable taxes, at the time the applicable fee or charge becomes payable. You are fully liable for all fees and charges made through your account when they are made, all such transactions are final, and there are no refunds, transfers or exchanges.

INTERNATIONAL USE

We control and operate the Capitanos Services from the United States, and process information within the United States. We do not represent that materials available through Capitanos Services are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Capitanos Services. Software may be subject to export controls under the laws and regulations of the United States and other jurisdictions. By visiting, accessing, downloading, installing or otherwise using Capitanos Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations, or listed on any of the United States Government’s lists of prohibited and restricted parties.

PROPRIETARY RIGHTS AND LIMITED LICENSE

No material provided through Capitanos Services may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast or distributed in any way, except as specifically permitted pursuant to these Terms. The Capitanos Services, including all of their information and contents, such as names, logos, designs, text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages and software (collectively, “Materials and Content”), are Capitanos property or that of our partners or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided in these Terms, by the Software or on the Sites, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from Capitanos Services in whole or in part, for any public or commercial purpose without our specific prior written permission.

Limited License

We grant you a personal, limited, non-exclusive, non-transferable, license (without right to sublicense) to access Capitanos Services (including by downloading applicable Capitanos software, which are licensed and not sold to you) and to use the products and services expressly made available to you therein in accordance with these Terms. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to modify such products and services and to terminate, change, suspend or discontinue any aspect of Capitanos Services, including, but not limited to, their Materials and Content as well as features, pricing (including pricing and availability of “digital” or “virtual goods” or “virtual currency”) and/or availability of Software, and we will not be liable to you or to any third party for doing so. We reserve the right to impose and enforce additional rules for and limits on use of Capitanos Services or restrict your access to part, or all, of Capitanos Services without notice or penalty, including by terminating any user accounts for engaging in prohibited conduct or otherwise violating these Terms. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Ownership of Intellectual Property

As between you and us (or any other entity or person whose intellectual property is available through the Capitanos Services), we (or the respective entity or person) are the sole and exclusive owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and are the copyright owner or licensee of the Materials and Content on the Capitanos Services, unless otherwise indicated. All such Materials and Content, along with the copyrights, trademarks, service marks, trade dress and/or other intellectual property and proprietary rights therein, as between you and us, are owned by us or their third party owner and may be registered in the United States and internationally. You agree not to display or use such Materials and Content in any manner inconsistent with these Terms without our prior permission, and nothing within Capitanos Services should be construed to grant any ownership interest in or any license or right to use any such Materials and Content (including any “digital” or “virtual goods” or “virtual currency”) inconsistent with these Terms and without our prior written consent.

Except as otherwise provided herein, use of the Capitanos Services does not grant you a license to any Materials and Content or features you may access through Capitanos Services, and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of Capitanos Services is strictly prohibited, except as expressly allowed herein or otherwise expressly approved by us. You may not download or save a copy of any of the Materials and Content for any purpose except as otherwise provided by us. If you make use of Capitanos Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. All Materials and Content are protected by law including, but not limited to, copyright and trademark law.

Community Videos Permission

We at Capitanos are supportive of our fans and players who produce videos to share their own commentary, feedback, how-to’s, previews and reviews of our games on YouTube, Twitch.tv or other community-based video/streaming sites, including ad-supported videos and through monetized channels on those sites. Therefore, notwithstanding the general limited license above, if you are one of these users, we grant you an additional limited permission for your reasonable use of in-game audio and video from Capitanos’s games in your video, for which we encourage and greatly appreciate links from your presentation to the game’s webpage and app storefronts where the game is available for purchase. Your use is subject to our right to cancel this permission at any time for any reason without liability to you, including for violation of community site guidelines, infringement of other third party rights, or conflict with the ownership and exercise of our rights (or those of our developer partners or other business partners) in the Materials and Content. If you have questions about whether your specific community-related use of content is permissible under this part of the Terms, please reach us via the “Contact” page at www.capitanos.studio.

USER CONTENT

Our Rights to Use

Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively “User Content”) that you submit to us through Capitanos Services will be deemed non-confidential and non-proprietary. By submitting any User Content, you grant to us a perpetual, irrevocable, royalty-free, worldwide, fully sublicensable and transferable license to copy, publish, broadcast, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. We will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content.

Your Representations

By submitting User Content, you represent and warrant that you have all necessary authorization and right to submit the User Content to us and the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property or other proprietary rights or privacy rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, or (iv) contain computer viruses, worms or other harmful files, scripts or code. You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our affiliates and our and their respective directors, officers, employees, agents, business partners and content and service providers, harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. Please DO NOT provide any User Content to us for which you do not wish to grant us the foregoing rights in or make the representations and warranties in accordance with the above.

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms, our use of any personally identifiable information you provide via Capitanos Services will be governed by our Privacy Policy. For further information regarding our processing and use of your personal information, please refer to our Privacy Policy, which can be reviewed at http://www.capitanos.studio/privacy-policy/. Our Privacy Policy is incorporated by reference into these Terms.

DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimer

You assume all responsibility and risk with respect to your use of Capitanos Services, which are provided on an “AS IS” and “AS AVAILABLE” basis in all respects. Capitanos DISCLAIMS, AND YOU HEREBY IRREVOCABLY WAIVE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA CAPITANOS SERVICES ( INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON OR THROUGH CAPITANOS SERVICES, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND), INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE CAPITANOS SERVICES OR THEIR FUNCTIONS OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE CAPITANOS SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH CAPITANOS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH CAPITANOS SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE THEIR USE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CAPITANOS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

No Warranties

We make no warranties of any kind regarding any Materials and Content not owned by Capitanos, including any products or services to which you may be directed, linked or otherwise connected from Capitanos Services, and you understand and agree that we are not responsible or liable for any such content, information, products or services originating from or provided by a third party, including their availability and functionality. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through Capitanos Services. If any Capitanos Services have been authorized by us for distribution through a third party service through which you have downloaded and/or are accessing Capitanos Services, you understand and agree that: (a) in addition to these Terms between you and us, you are responsible for complying with such service provider’s terms and conditions, which are between you and such service provider, and (b) neither Capitanos nor such service provider is responsible or liable to you for the other’s products and services, including with respect to any product liability, infringement, support, maintenance, functionality or availability of the other’s products and services.

Limitation of Liability

IN NO EVENT WILL CAPITANOS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE CAPITANOS SERVICES OR THE MATERIALS AND CONTENT OR FUNCTIONALITY OR FEATURES ON OR ACCESSED THROUGH THE CAPITANOS SERVICES, AS WELL AS ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS OR CONTENT THAT MAY BE ACCESSED ON OR THROUGH CAPITANOS SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CAPITANOS OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY CAPITANOS SERVICES IS TO CEASE USING THE APPLICABLE CAPITANOS SERVICES AND CANCEL ANY RELATED ACCOUNTS. UNDER NO CIRCUMSTANCES WILL THE TOTAL COMBINED LIABILITY TO YOU OF CAPITANOS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR CONTENT OR SERVICE PROVIDERS, ARISING OUT OF OR IN CONNECTION WITH THE CAPITANOS SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO CAPITANOS IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE CAPITANOS SERVICES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold Capitanos, together with its affiliates and its and their respective directors, officers, employees, agents, business partners and content and service providers (“Capitanos Third Party Beneficiaries”), harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of Capitanos Services, your violation of the Terms or the posting or transmission of any materials on or through Capitanos Services by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right. You agree that the Capitanos Third Party Beneficiaries are express third party beneficiaries of these Terms and have the right (and are deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries.

GOVERNING LAW AND DISPUTES

These Terms will be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions.

Any dispute relating in any way to these Terms, your use of Capitanos Services, or to any transaction with Capitanos will be submitted to confidential and binding arbitration in Dallas, Texas. However, if you have in any manner violated or threatened to violate any of our intellectual property or other proprietary rights in Materials and Content, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under these Terms will be conducted under the then-prevailing rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) the mailing address of Capitanos is 539 W. Commerce St. #1325, Dallas, TX 75208, (b) fees and charges for Capitanos Services vary depending on the services selected by you, and (c) if you wish to contact us in connection with a complaint regarding Capitanos Services or desire further information on use of Capitanos Services, you may correspond by mail or refer to our “Contact Us” page accessible from www.capitanos.studio or our official support web page for the relevant Capitanos game. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

GENERAL

Entire Agreement

These Terms constitute the entire agreement between you and us and govern your use of Capitanos Services, and they supersede any prior agreements between you and us. You also may be subject to additional terms and conditions that are expressly applicable to certain parts of Capitanos Services, which are incorporated by reference herein, and in the event of any conflict between these Terms of Service and such additional terms and conditions, we will resolve the conflict in our sole discretion. We may terminate this Agreement and deny you access to Capitanos Services at any time (including by terminating user accounts for Capitanos Services), immediately and without notice from us or any liability on our part, if in our sole discretion you fail to comply with any provision of these Terms.

Relationship of Parties

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of this Agreement or your use of Capitanos Services.

Any claim or cause of action you may have with respect to us or Capitanos Services must be commenced within one (1) year after the circumstances giving rise to the claim or cause of action arose and in accordance with these Terms.

Waiver; Severability

Any failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms will not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

No Assignment

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Controlling Language

These Terms may be provided as a courtesy in multiple languages, however, the English language version of these Terms shall control in the event of any ambiguity between the English version and a version provided in another language.

Contact Us

To contact us with any questions or concerns in connection with these Terms or Capitanos Services, or to provide any notice under these Terms to us, please refer to our “Contact” page accessible from www.capitanos.studio.



Last updated April 29, 2020

Golpe LLC and its affiliates (together, “Capitanos”, “we” or “us”) may collect, store and use your personal information in connection with developing and providing to you its products, software applications (whether on third party sites or as applications on mobile devices), sites and other services (collectively, “Services”). At Capitanos, we take your privacy seriously. We operate on the principle that your personal information belongs to you and only you can decide who you want to share it with and why. This is fundamental to the way we work and we’re committed to providing a secure environment for you to store your personal information and share it with others when you want to.

This privacy policy (“Privacy Policy”) explains how personal and other information is collected and used by us. Please read it carefully, as all of our Services are governed by this Privacy Policy. By using or accessing any Service you agree to and give consent to this collection, processing, transmission, retention and use of such information and data related to you. You may withdraw such consent at any time by letting us know via the applicable Service (e.g., using customer care tools in app) or by contacting us at privacy@capitanos.studio. At that time, you may also want to remove any cookies which have been placed on any device used to access the Services. Your withdrawal of consent will not affect the lawfulness of any processing carried out by us prior to such withdrawal. You are not authorized to install, access or otherwise use the Services if you do not agree and consent to this Privacy Policy.

Users Outside the US If you are located outside the United States, you acknowledge and consent to the processing of such data in the country in which it was collected as well as in other countries where it may be transferred, including the United States, where regulations regarding processing of personal information may be less stringent than regulations in your country.

Updates to this Privacy Policy Any changes we may make to this Privacy Policy will be posted to this page. Your continued use of Services will signify your agreement to and acceptance of any changes to this Privacy Policy. Please bookmark and visit this page periodically to review the current Privacy Policy and to understand what information we gather and how we may use it. This Privacy Policy is governed by and forms a part of our Terms of Service.

DATA COLLECTION

Personal Information

Situations when you make personal information available to us may include, but are not limited to: (a) by visiting our websites or using our software applications, (b) registration for Services, sweepstakes, contests and special events; (c) accessing Services using IDs from a third party service, such as an application marketplace, gaming service or social network service; (d) subscribing to newsletters; (e) requesting customer support or other direct communications with us; and (f) otherwise through use of our Services where personal data is required for use and/or participation. Personal data we collect and/or process may include (but is not limited to): first name, last name, email address, user names, date of birth, age, gender, IP address, city, unique identifiers in cookies and third-party service IDs (e.g., Unity, Facebook, Apple, Google).

For example, we may collect and share the advertising identifier associated with your device (such as the Apple IDFA and Android Advertising ID) with advertisers. An advertising identifier is an alphanumeric string that can be used to identify your device so that advertisers can serve relevant ads to you, and in certain territories (such as the EU) may be considered personal information. We use the Apple IDFA only as permitted by Apple, and we use the Android Advertising ID only as permitted by Google. An advertising identifier is assigned, and ad tracking is turned on, by default on your mobile device. You may limit the use of or reset your advertising device ID using the privacy settings on your mobile device; in some cases you may need to reset the operating system to reset the advertising device ID. We do not associate any of your other personal information with your advertising device ID without your consent (which may be given by you in our terms of use for a Service).

Aggregated Information & Non-Identifying Information We may collect aggregated, anonymized information via the Services that does not identify any single user or device. We may use that information to calculate statistics about our user community for the purpose of enhancing our Services or for security purposes. If you choose to provide a username within a Service, please do not provide as your username any information that identifies you in real life, such as your real name.

We may also collect and/or process other data not relating to you as an identified or identifiable person, including (but is not limited to): device IDs, third-party service IDs (e.g., Adjust), application usage data, operating system information, browser information, and network and online usage information. When a user accesses or uses a Service, we may collect technical information about the user’s device, such as the IP address that requested the display of the Service, the operating system type and the identifiers associated with the device.

Certain non-identifying information would be considered a part of your personal information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-identifying information when they are taken alone or combined only with other non-identifying information (for example, your activity in a game).

SERVICE PROVIDERS

In the course of providing the Services, we may employ third party service providers and their technologies that use certain methods to collect personal and other information as a result of their integration with our Services to perform, for example, analytics, customer support and other services for us. The specific service providers we employ may vary depending on which of our Services you use. When we share data with these service providers, we do so in accordance with this Privacy Policy. When third party service providers collect or process user data on our behalf, they do so in accordance with their own privacy policies, available at their respective website.

USE OF INFORMATION

We use the collected data to provide the Services as well as conduct related analytics regarding the use of Services, such as user behavior with respect to our Services, the number of users of our Services and which sections of a Service are popular. We use this information for supporting our business operations, which include product development, improving products and services, personalizing relevant content, measuring marketing campaign performance, processing transactions, customer support and communications, protecting the rights of Capitanos and its partners and users and complying with applicable laws and regulations as well as our Terms of Service and this Privacy Policy. In the course of providing the Services, personal and non-identifying information related to you and specific software applications may be shared with third parties, including third party developer(s) and service providers specifically involved with their development and operations, and when we believe in good faith it is necessary to comply with the law, enforce or apply our Terms of Service or other agreements, or protect the rights, property, or safety of Capitanos and our partners, employees, users, or others.

We may associate information about you we collect through one part of our Services and use it in connection with other parts of our Services. We may also obtain information from other sources and associate that with other information we collect through our Services. For example, if you create or log into your account through a social network service site or otherwise authorize us to access your social network data in connection with accessing one of our Services, we may have access to certain information from that social network, such as your name, account information and friends lists, in accordance with the rules prescribed by such social network, and this information may be associated with other information we have collected separately.

We may use personal contact information you have made available to us through your use of Services such as email address, to send you communications that we believe are relevant to your use of such Services, as well as other Services which we offer. If you receive commercial emails from us, you may unsubscribe by following instructions contained within the email or by contacting us at privacy@capitanos.studio. Even after you opt-out from receiving commercial or promotional emails from us, however, you will continue to receive administrative messages from us regarding Services that you are using.

DATA RETENTION

We may retain and store collected data for any periods necessary to perform Services and fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. As a general matter, we delete the personal data of a user twenty four (24) months after that user ceases using our Services. Please note that some data may be used and further retained if necessary to resolve disputes, enforce user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services. We may also delete some or all of your personal information upon receiving a request to do so from you.

THIRD PARTY TERMS

While we may use third parties to collect and process personal and other data on our behalf and according to our instructions in the course of providing the Services, we do not actually control third-party data collection and use. You acknowledge and agree that your access to and use of the Services may be subject to terms and conditions of third parties, whether or not they are acting on our behalf or independently of the Services. These third parties include mobile device manufacturers, operating system and browser developers, social network services, analytics providers, companies delivering advertisements in or for our Services, and online and mobile network communications providers, any of whom may utilize cookies and other technologies for analytics, monitoring and other purposes, including for other products and services you may be receiving from them. Please refer to the privacy policies and terms and conditions applied by such third parties.

In addition, if you leave our websites or software applications and go to another website or software application, the third party associated with such site or app may also collect personal and other data from you. We have no control over, do not review, and do not assume any responsibility for, these external websites or apps or their content, policies or terms.

PUBLIC DISCLOSURE BY YOU

You may choose to disclose data about yourself in the course of contributing user generated content, if applicable, to the Services or on social networks. Any data that you disclose in any forums, blogs, chats or the like that are part of the Services will become public information, and there is no expectation of privacy or confidentiality with respect to that data.

OUR USE OF LOCAL STORAGE

Local Storage is a small database located inside your device. We may use local storage and/or similar technologies for a number of purposes, including player authentication, fraud prevention and remembering of preference/settings. This technology helps us provide a better experience when interacting with our Services and to improve your player experience.

CHANGING OR DELETING YOUR INFORMATION

We think it is important that you are able to control your personal information.

You have the right to ask us not to process your personal information for marketing purposes. You can exercise your right to prevent such processing at any time by contacting us via the applicable Service (e.g., using customer care tools in app) or at privacy@capitanos.studio

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The law gives you the right to request a copy of the personal information we hold about you. We first require you to prove your identity with additional pieces of approved identification. We will supply, correct or delete personal information about you on our files. In addition, you may request rectification or erasure of personal information as well as the restriction of processing of your personal information. We will comply with your requests in accordance with the applicable law.

If you wish to complain about the processing of your personal information then please contact us first, but if we do not satisfactorily deal with your complaint, then you may contact the applicable regulator or Information Commissioner.

If you want to stop using the Services, you may do so. If you do, you may also want to remove any cookies that we have placed on any device used to access the Services.

BUSINESS TRANSFERS

As Capitanos continues to grow, we might sell or buy certain subsidiaries and/or business units. In such transactions, customer information is generally one of the transferred assets. Also, in the unlikely event that Capitanos or substantially all of its assets are acquired, customer information would in most cases be one of the transferred assets.

CHILDREN UNDER 13 YEARS OF AGE

We do not knowingly collect personal information from children under 13 years of age. If we learn that we have inadvertently gathered personal information from children under 13 years of age, we will take reasonable measures to promptly delete such information from our records.

SECURITY

When we collect information from users, we employ generally accepted industry security techniques designed to prevent unauthorized access to information in our possession. We encrypt users’ personal information and grant access only to those employees with a legitimate business need to have such access. While we cannot control the third party service providers with whom we share data while providing the Services, we take reasonable steps to confirm that such service providers have privacy policies that provide protections appropriate to the types of information we share with them.

CONTROLLING LANGUAGE

This Policy may be provided as a courtesy in multiple languages, however, the English language version of this Policy shall control in the event of any ambiguity between the English version and a version provided in another language.

CONTACT INFORMATION

For questions and information about this Privacy Policy, please contact us at privacy@capitanos.studio.