GEARBOX TERMS OF SERVICE
GEARBOX PUBLISHING, LLC
TERMS OF SERVICE AGREEMENT

Last updated January 11, 2022.
THIS TERMS OF SERVICE AGREEMENT CONSTITUTES AN AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND THE UNITED STATES COMPANY GEARBOX PUBLISHING, LLC, ITS PARTNERS AND AFFILIATES, (THE “COMPANY,” “WE,” “US,” OR “OUR”) GOVERNING THE RELATIONSHIP BETWEEN YOU AND THE COMPANY WITH RESPECT TO YOUR USE OF THE ONLINE SERVICES AND PRODUCTS DIRECTLY RELATED THERETO (“ONLINE SERVICES”). THE COMPANY PROVIDES ACCESS TO THE ONLINE SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. THUS, IT IS IMPORTANT THAT YOU CAREFULLY REVIEW, AND ACCEPT THIS AGREEMENT AS A CONDITION TO USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE ONLINE SERVICES.
This Internet website (“Website”) is the property of Gearbox Publishing, LLC (the “Company”), which reserves all rights.
The Terms and Conditions herein are in addition to and supplement the terms governing use of all Publishing and services distributed by the Company and its publishers (e.g., publisher EULA). Users may also be bound by the separate terms of their respective Publishing, products, platforms, hardware and equipment.
• Description Of Online Services
• Trademark & Copyright Information
• Submissions
• Code Of Conduct
• Breaks
• Limited License By The Company
• License To The Company
• Making Purchases
• Ringtones, Wallpapers, And Other Mobile Device Services & Products
• Void Where Prohibited
• Disclaimer of Warranties
• Limitation of Liability
• Indemnification
• Dispute Resolution
• Binding Arbitration & Class Action Waiver
• Termination
• Miscellaneous
• Designated Agent Under the Digital Millennium Copyright Act
DESCRIPTION OF ONLINE SERVICES
Subject to full compliance with this Agreement, the Company may offer to provide Online Services through internet-capable hardware platforms including computer entertainment systems, gaming consoles, personal computers, mobile computers, or smart phones, in-game applications and various Publishing platforms, including third-party hosts. Online Services includes, but is not limited to, any service or content the Company provides or makes available on the Website. The Company may change, suspend or discontinue any or all of the Online Services for any reason and at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict access to parts or all of the Online Services without notice or liability.
TRADEMARK & COPYRIGHT INFORMATION
Company-authorized Online Services, as well as all content, Publishing and materials relating thereto, are the property of Company or its master licensor(s), and are protected by copyright, trademark, and other intellectual property rights (“Licensed Works”).
SUBMISSIONS
Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new content, creative artwork, advertising, promotions, products, names, processes, or other works (“submissions”). Please refrain from sending any such submissions in any form to Company or any of its employees, as this will help prevent potential misunderstandings or disputes if Company's efforts seem similar to submissions. Consistent with this policy, (1) submissions shall become the property of Company, without any compensation to you; (2) Company may use or redistribute the submissions for any purpose and in any way; and (3) Company shall have no obligation to review the submissions or keep any submissions confidential.
CODE OF CONDUCT
The following rules, policies, and disclaimers govern your use of the Online Services.
You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes and for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using and enjoying the Online Services (e.g., by means of running programs against the website; reverse engineering any API; harassment, hacking or defacement, etc.); (3) you will not use the Online Services to create, upload, or post any material that is knowingly or reasonably likely to be viewed as false or defamatory, inaccurate, abusive, vulgar, obscene, offensive (whether in relation to sex, race, religion or otherwise), profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, illegal or otherwise inconsistent with community standards; (4) you will not use language or a user/game name that is obscene, indecent, offensive, abusive, objectionable or otherwise inappropriate; (5) you will not post, upload, or create any copyrighted material using the Online Services unless you own the rights to such use(s); (6) you will not transmit or facilitate the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routine that is intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info; (7) you will not post, upload, create, or transmit materials in violation of another party's copyright or other intellectual property rights; (8) you will not publicly post identifying information about yourself, Company employees, or other players; (9) you will not use any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Online Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Online Services and any unauthorized third party programs that collect info about the Online Services by reading areas of memory used by the Online Services to store info; (10) you will not impersonate any other individual or entity in connection with your use of the Online Services; (11) nor will you encourage or facilitate others to do any of the above. Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are also inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms). All determinations on such matters will be made by the Company and its licensors, with sole discretion.
If we provide Online Services involving user-generated content (“UGC”), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its partners or affiliates, or any person or property associated with the Company, its licensors or licensees, the Online Services, or any website in the Company's family of websites. If you feel that any posting is objectionable or infringes your copyright, you must immediately contact Company via https://shift.gearboxpublishing.com, or in the specific case of copyright infringement, as prescribed in the “Designated Agent Under the Digital Millennium Copyright Act” Section below. Company reserves the right to remove any UGC or content for any (or no) reason whatsoever.
Please visit www.gearboxpublishing.com/privacy to review the relevant Privacy Policy, which applies to personal information transmitted to and from the Website.
BREAKS
All users are encouraged to take occasional breaks from gameplay.
LIMITED LICENSE BY THE COMPANY
The Company grants its authorized Users a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable, revocable license to access and use the Online Services pursuant to the terms herein. Such license is subject to this Agreement and specifically conditioned upon User compliance with the Terms of Use, including the following: (1) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (2) you may download material intentionally made available for downloading for your personal, non-commercial use only, provided that you preserve and protect all intellectual property rights and notices associated with such materials; (3) you may not modify, translate, reverse engineer, decompile, disassemble or otherwise make derivative uses of the Online Services, or any portion thereof except as expressly permitted in these Terms or in the Company's End User License Agreement (www.gearboxpublishing.com/eula); (4) you may not remove, obscure, or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (5) you may not use any data mining, robots or similar data gathering or extraction methods; (6) you may not use the Online Services other than for their intended purpose; (7) you may not reproduce, prepare derivative works from, distribute or display the Online Services, except as provided herein; and (8) you must not violate the Code of Conduct set forth above.
Except as expressly permitted in these Terms or in the Company's End User License Agreement (www.gearboxpublishing.com/eula), any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including copyright and trademark laws, applicable communications regulations and statutes, and the like. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license provided by Company is revocable at any time, for any reason.
You represent and warrant that your use of the Online Services will be consistent with this license and any other applicable agreements or policies, will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or otherwise violate any applicable law or Company standard. You expressly agree to indemnify the Company against any liability to any party arising out of your use of Online Services.
LICENSE TO THE COMPANY
By creating UGC, posting messages, uploading files, creating files, inputting data, or engaging in any form of communication via the Online Services, you are granting the Company unrestricted permission and a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the UGC as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the UGC or the elements thereof in conjunction with or into any other material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing includes, inter alia, the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, and patent laws under Company's chosen, lawful jurisdiction. In the event you upload or otherwise transmit to Company any concepts, ideas, or feedback relating to Company’s products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Company, and Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the UGC does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute UGC that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Company may remove any UGC and any related content or elements from the Online Services at its sole discretion.
MAKING PURCHASES
Please shop responsibly. Minors must obtain the consent of a parent before making any purchases. If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You represent and warrant that all information that you provide is current and provided knowingly, lawfully, accurately, completely, with the authority necessary to use such payment method in connection with the purchases hereunder. You agree to pay all charges associated with purchases made under your account at the prices in effect when such charges are incurred; yes, this also includes shipping and handling and any applicable sales taxes relating to your purchases. Please review the Company's Privacy Policy at www.gearboxpublishing.com/privacy before submitting such information. In the event of any charge disputes, please contact the Company through the Contact and Support link at www.gearboxpublishing.com.
RINGTONES, WALLPAPERS, AND OTHER MOBILE DEVICE SERVICES & PRODUCTS
Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their mobile devices various digital mobile products. The Online Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your mobile device. These digital mobile products offerings and products may enable the consumer to customize their mobile device or mobile device service (e.g., with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to by the consumer. Such products may not be available on, transmissible to, or compatible with all mobile devices, in which case consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in the billing of mobile carrier charges, and the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected pursuant to other terms; see each carrier's terms for details. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. Consumers desiring additional information or options are encouraged to review and abide the applicable instructions.
VOID WHERE PROHIBITED
Not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. All offers, products, terms and services are void where prohibited.
DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE ONLINE SERVICES AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND – AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES – INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING (1) THE PERFORMANCE OR AVAILABILITY OF THE ONLINE SERVICES; (2) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE ONLINE SERVICES; (3) THE CONTENT OR SERVICES AVAILABLE ON THE SITE OR THROUGH ANY LINKS TO THIRD PARTY WEBSITES; (4) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE ONLINE SERVICES; AND (5) SATISFACTION OR DISSATISFACTION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE, CONTENT AND ONLINE SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO THE SITE, THE ONLINE SERVICES OR THE CONTENT HEREIN OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO COMPANY FOR YOUR USE OF THE APPLICABLE ONLINE SERVICE.
WITHOUT LIMITATION OF THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, DISSATISFACTION, ERROR OR INTERRUPTION IN THE ONLINE SERVICES SHALL BE TO REQUEST THAT COMPANY CORRECT THE ERROR OR DEFECT, AND IF COMPANY FAILS TO DO SO, TO DISCONTINUE USE OF THE ONLINE SERVICES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and each of its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, judgments, fines, penalties, liabilities, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement or any breach of any representation or warranty by you. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You remain solely responsible for your UGC, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim arising from your UGC.
DISPUTE RESOLUTION
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Texas, notwithstanding its choice of law rules. For any and all legal disputes involving the terms of this Agreement, you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Frisco, Texas, U.S.A. and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You also agree to attempt in good faith to resolve any claim or dispute with the Company before commencing arbitration. Any claim or dispute notice regarding the Online Service must be sent via e-mail to dispute@gearboxpublishing.com as well as by U.S. Mail to Gearbox Publishing, LLC, ATTN: Legal Department/Arbitration Notice, 5757 Main Street, Suite 500, Frisco, Texas 75034, and must contain a written statement accurately setting forth (1) your name, address and contact information; (2) your e-mail address; (3) all facts giving rise to the claim or dispute; and (4) the relief you seek.
You and the Company further agree as follows: (1) any claim or dispute brought to enforce this Agreement must be commenced within one (1) year of the event giving rise to the alleged claim or dispute; (2) the prevailing party will be entitled to costs and attorneys' fees; and (3) any claim or dispute must be brought individually and not consolidated as part of a group or class action complaint.
The only disputes not covered by this Agreement to negotiate informally and arbitrate are disputes enforcing, protecting, or concerning the validity of any intellectual property rights asserted by the Company, its partners and affiliates.
BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES REGARDING USE OF THE LICENSED WORKS BETWEEN YOU AND THE COMPANY, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
(a) Dispute. As used in this Agreement, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and the Company concerning the Online Services or Licensed Works, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law.
(b) Informal Resolution Option. You and the Company agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and the Company otherwise agree in writing, the time for informal resolution will be 60 days from the date on which you or the Company mails a notice of the Dispute (“Notice of Dispute”) as specified in Paragraph (c). You and the Company agree that neither party will commence arbitration before the end of the 60-day period provided for informal resolution.
(c) Dispute Notices. Notice of any Dispute with the Company regarding online use of the Licensed Works must be sent via e-mail to dispute@gearboxpublishing.com as well as by U.S. Mail to Gearbox Publishing, LLC, ATTN: LEGAL DEPT/ARBITRATION NOTICE, 5757 Main Street, Suite 500, Frisco, TX 75034, and must contain a written statement setting forth (1) your name, address, and contact information; (2) your e-mail address; (3) all facts giving rise to the Dispute; and (4) the relief you seek. Notice of a Company Dispute with you will be sent to your registered e-mail address and by U.S. Mail to the known mailing address.
(d) BINDING ARBITRATION. IF YOU LIVE IN THE UNITED STATES, YOU AND THE COMPANY AGREE THAT IF YOU AND THE COMPANY DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION UNDER PARAGRAPH (b) ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES IN PARAGRAPH (g) BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY OPTING TO USE THE LICENSED WORKS OR THE SITE, YOU ARE AGREEING TO BINDING ARBITRATION WHICH FORFEITS ANY RIGHTS YOU MAY HAVE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.
THE ONLY DISPUTES NOT COVERED BY THIS AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF THE COMPANY'S (OR ANY OF YOUR OR THE COMPANY'S LICENSORS') INTELLECTUAL PROPERTY RIGHTS.
(e) Small Claims Option. Notwithstanding Paragraph (d), you may also have the right to litigate any Dispute regarding your use of the Licensed Works or the Site in small claims court, subject to satisfying all requirements of the small claims court, including any limitations on jurisdiction and the disputed amount at issue.
(f) CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE COMPANY, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. YOU AND THE COMPANY AGREE THAT NO ARBITRATOR SHALL HAVE THE AUTHORITY TO FASHION A PROCEEDING AS A CLASS OR COLLECTIVE ACTION OR TO AWARD RELIEF TO A GROUP OR CLASS OF USERS IN ANY ARBITRATION PROCEEDING.
(g) Arbitration Procedure. Subject to the terms herein, the arbitration of any Dispute will be conducted by, and according to the rules and procedures of, the American Arbitration Association (the “AAA”). Information about the AAA, and how to commence arbitration before it, is available at www.adr.org or by calling 1-800-778-7879. The Commercial Arbitration Rules of the AAA will govern the arbitration. If you are an individual consumer and use the Licensed Works for personal or household use, or if the value of the Dispute is $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes of the AAA will also apply. If the AAA rules or procedures conflict with the provisions of this Agreement, the provisions of this Agreement will govern. You may request a telephonic or in-person hearing by following the AAA rules and procedures. Where the value of a Dispute is $10,000 or less, any hearing will be via electronic communications unless the arbitrator finds good cause to instead hold an in-person hearing.
(h) Arbitration Location. You agree to commence arbitration only in Collin County, Texas. The Company agrees to commence arbitration only in your county of residence.
(i) Costs & Fees. In any arbitration you commence, the Company reserves its right to seek its expenses associated with the arbitration process. In a Dispute involving more than $75,000, the AAA rules will govern payment of filing and AAA administrative fees and arbitrator's fees and expenses. You and the Company agree that fees and expenses are not counted in determining how much a Dispute involves.
(j) Enforceability. If the class action waiver (which includes a waiver of private attorney-general actions) in Paragraph (f) is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then this Section and its subsections will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a Texas court of law, with the remaining parts proceeding in arbitration. The definition of “Dispute” in Paragraph (a) will still apply to this Agreement.
(k) Rejection Rights. If the Company makes a material change to this Section (other than an administrative change or revision to the notice address in Paragraph (c)) while you are authorized to use the Licensed Works or the Site, you may seek to reject the change by sending the Company written notice (in English, please) within 30 days of the basis for rejection by e-mail to privacy@gearboxpublishing.com and via U.S. Mail to the address contained in Paragraph (c). You agree that you will informally negotiate and arbitrate any Dispute between us in accordance with the most recent version of this Section prior to the change you rejected and that Company reserves all lawful rights irrespective of such rejection.
(l) Severability. If any provision of this Section and its subsections, other than Paragraph (f) (i.e., class action waiver), is found to be illegal or unenforceable, that provision shall be limited or eliminated only to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
(m) Survival. The provisions of this Section will survive termination of this Agreement and the provision of the Online Services, Licensed Works and the Site.
TERMINATION
The Company may terminate or suspend your access to any and all Online Services and any registered account immediately, without prior notice or liability, for any reason. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services or login into your account and click “Delete my account” option. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and the like.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall only be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement, the Privacy Policy located at www.gearboxpublishing.com/privacy, and the Publisher's End User License Agreement located on the game product, constitute the entire agreement between you and the Company pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between you and the Company with respect to the subject matter of this Agreement are expressly canceled. The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on the website page entitled “Terms of Service” or “Legal Notice” (or similar title).
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's designated agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement involving any Online Service, please notify the Company's designated agent:
Service Provider: Gearbox Publishing, LLC
Address of Designated Agent: 5757 Main Street, Suite 500, Frisco, Texas 75034
Attention: Senior Corporate Counsel
Telephone Number of Designated Agent: 214-312-8202 ext. 305
Facsimile Number of Designated Agent: 972-587-7360
E-mail Address of Designated Agent: nate.mallory@gearboxpublishing.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending such notice of claim.
To meet the notice requirements under the DMCA and this Agreement, the notification must be a written communication that includes the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of all copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (5) an attestation that the complaining party possesses a good-faith belief that use of the material in the manner complained of is unauthorized by the copyright owner, its agent or the law; and (6) an attestation that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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GEARBOX PUBLISHING®, LLC
PRIVACY POLICY
LAST UPDATED 02.04.2022
Welcome to Gearbox!
In order to make Gearbox experiences as entertaining—and transparent—as possible, we have adopted the following Privacy Policy (“Privacy Policy” or “Policy”) to explain how we collect, use, and share your personal information, and how to exercise the rights available to you. By using our Online Services (defined below), you agree to be bound by the terms of this Privacy Policy so please take the time to familiarize yourself with it and reach out to us if you have any questions.
Use of the Online Service is voluntary. This includes any channels provided for interacting with other members of the Gearbox community. Some members like to run with the pack, while some don’t; we understand both preferences. If you are uncertain about sharing data at all, please forego use of the Online Service entirely until you achieve whatever level of comfort you need. We have no desire to make the experience awkward or difficult.
Please don’t be bashful with your constructive compliments and criticisms—both are welcome. If you have any thoughts or ideas about where things are/aren’t working well, we want to know that. You can reach out to us directly to share your ideas at privacy@gearboxpublishing.com.
To foster the member community, we intend to convey—and support—various promotions via emails to members. We’re determined to keep this from becoming annoying; if we’re failing, please let us know. Members who wish to do so, may use the “unsubscribe from this list” or “update your preferences” links located at the bottom of most emails you receive from Gearbox; or you can delete your account to stop such communications.
All members of the Gearbox community must be over the age of 15 to use our Online Services, and at least 18 years of age to access certain games. Gearbox does not intentionally collect personal information from children under the age of 16. If you are a parent or guardian and are concerned about the transfer of personal information about your child, please do contact us at privacy@gearboxpublishing.com. If we learn that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.
To fully enjoy the services available from Gearbox, individuals should create a Gearbox SHiFT account, and must respect the rights of others throughout their use. Like a bad roommate, members who detract from the Online Service will be promptly evicted from the Gearbox community. No member is entitled to use of the Online Service or its content at the expense of others.
Members understand and agree that the Online Service is provided “AS-IS” and without warranties or duties of any kind.
Gearbox is a valid licensee, and participating member of the Entertainment Publishing Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”). To help protect your privacy, we have voluntarily undertaken this privacy initiative. As a licensee in this privacy certification program, we are subject to audits of our Online Services and other enforcement and accountability mechanisms administered independently by ESRB Privacy Certified. Our Online Services containing the ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection and use practices.
Again, the official Policy is below…game on!
PRIVACY POLICY:
Gearbox Publishing, LLC, a United States company, and its affiliates (collectively “Gearbox”) respects the privacy rights of those who access and use their services and are committed to protecting the information collected through their websites, games, applications, and other online products and services (collectively the “Online Services”). We have adopted this Privacy Policy to explain how we collect, use, store, disclose, and transfer (collectively, “Process”) the information we collect in connection with our Online Services (the “Privacy Policy”), and the rights available to you.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. PLEASE NOTE THAT (i) WE MAY PROCESS YOUR PERSONAL INFORMATION IN THE UNITED STATES OF AMERICA, WHICH MAY HAVE DIFFERENT AND SOMETIMES LESS STRINGENT PRIVACY PROTECTIONS THAN YOUR COUNTRY; (ii) WE MAY PROCESS YOUR DATA IN ACCORDANCE WITH THIS PRIVACY POLICY; (iii) BY REGISTERING FOR OR USING OUR ONLINE SERVICES, YOU AGREE TO ABIDE BY OUR TERMS & CONDITIONS AND ANY OTHER POLICIES THAT MAY APPLY. THIS PRIVACY POLICY SUPPLEMENTS THE PRIVACY DISCLOSURES PROVIDED TO YOU WITH YOUR PUBLISHING PRODUCT AND/OR BY YOUR CONSOLE MANUFACTURER.
This Privacy Policy will explain:
SCOPE OF THIS PRIVACY POLICY
CHANGES TO THIS PRIVACY POLICY
INFORMATION GEARBOX COLLECTS
SPECIAL NOTES ABOUT CERTAIN INFORMATION GEARBOX COLLECTS
HOW WE USE COOKIES, TRACK IP ADDRESSES, AND USE OTHER PASSIVE MEANS TO COLLECT INFORMATION
DO NOT TRACK
HOW WE USE INFORMATION WE COLLECT
HOW WE SHARE INFORMATION WE COLLECT
YOUR RIGHTS TO REVIEW, CONTROL, CORRECT & DELETE THE USE OR DISPLAY OF DATA
DATA RETENTION
LINKS TO OTHER SITES
SAFEGUARDS USED TO PROTECT YOUR PERSONAL INFORMATION
YOUR CALIFORNIA PRIVACY RIGHTS
NOTICE FOR NEVADA RESIDENTS
WHERE INFORMATION IS STORED
HOW TO CONTACT US

SCOPE OF THIS PRIVACY POLICY
This Privacy Policy applies only to information collected on or through the Online Services, including information shared with Gearbox by certain third parties (as further described in this Privacy Policy). It does not apply to any other information collected by Gearbox through any other means. For example, it does not apply to information you may submit to Gearbox through other online means (for example, direct emails from you to individuals at Gearbox) or offline. Nor does it apply to third party sites, even if you use those sites to connect to our Online Services or we link to the sites from our Online Services.
CHANGES TO THIS PRIVACY POLICY
The Last Updated date at the top of the Privacy Policy indicates the last time we revised it. We will make changes to this Privacy Policy from time to time, so please check back often. If we make a material change to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page. In some cases, when required under applicable law, we will give you additional choices regarding the change prior to it becoming effective. As permitted by applicable law, your continued use of our Online Services signifies your acceptance of such changes.
INFORMATION GEARBOX COLLECTS
Personal information is information that identifies, relates to or could reasonably be linked with you or your household, and may include information that can be used to contact you online or offline (such as your name, postal address, telephone number, and email address), account and payment information (such as your credit card details, as collected via our third-party payment providers), and unique technical information (such as device and network identifiers).
Gearbox collects personal information in three ways: (i) personal information you provide us on a voluntary basis; (ii) personal information we collect automatically when you use our Online Services; and (iii) personal information we receive from other third parties. Each of these will be described in more detail throughout this Privacy Policy.
When you submit personal information to Gearbox, it will usually take the form of:
• Registration for or on our Online Services, including creating a SHiFT account;
• Subscribing to newsletters or alerts;
• Posting in or commenting on our message boards, forums, blogs, chat rooms, or other Online Services;
• Purchasing products or services through or on our Online Services;
• Using “tell a friend,” “email this page,” or other similar features;
• Requesting technical support or otherwise contacting us with a question, comment or complaint;
• Downloading demos, programs, or Publishing from or on our Online Services;
• Participating in polls, surveys, and questionnaires;
• Participating in our Playtesting Community; or
• Otherwise through use of our Online Services, including console products, where personal information is required for use and/or participation.
The types of information collected in connection with the activities listed above can vary depending on your activity. The information we collect may include your:
• first and/or last name;
• e-mail address;
• residential address;
• telephone number;
• photographic images, if uploaded by user;
• credit card information, if provided to our third-party payment processors for purchases;
• purchase data, if a purchase is made;
• shipping information, if provided for purchases;
• country;
• game device identifier;
• screen name; or
• demographic information (age, gender, date of birth, marital status, race, level of education, etc.), if you choose to provide it in profiles, surveys or forums, such as in an application to become one of our playtesters.
Prize winners may be required to provide additional information for prize fulfillment.
In addition, we may automatically collect information about your network or devices, such as your hardware configuration, language preferences, device or console ID, device type, gaming service ID, Publishing products played, MAC address, mobile carrier, mobile advertising and other unique identifiers, browser information, location information (including approximate location derived from IP address), Internet service provider, and IP address. We may also receive information about your gameplay without any additional notice to you or actions taken by you. This may include game achievements, game scores and performance, and other information and statistics regarding your usage of the Online Services. Information about gameplay may be collected while you are offline and transmitted to Gearbox when you next connect to the Internet through your console, handheld, mobile device, computer, or other gaming platform.
We may combine information we collect automatically or receive from third parties with the personal information you provide to us voluntarily, as described in the sections below.

SPECIAL NOTES ABOUT CERTAIN INFORMATION GEARBOX COLLECTS
Third-Party Platforms. You may be able to login through or connect certain third-party accounts to your account with us. For example, you will see this option when you create or log into your SHiFT account. When you use these third-party accounts, you are subject to the respective terms and conditions of each third-party platform. You may be able to connect and interact with and share game information with your friends and network from that third-party account. You may also be able to make purchases through or earn rewards (subject to applicable program terms) from that third-party account. The third party may also share certain information with us, which may include your name, third-party account ID, email address, friends list, and other public profile information.
Public Information Including Message Boards, Forums, Blogs, Comments, and Profiles: We strongly encourage you not to disclose any personal information while using our Online Services or use personal information to identify yourself while using our Online Services (for example when selecting a screen name). Any personal information, including photos and video, that you disclose in public areas of our Online Services, such as on a message board, chat room, comment field, or profile page, will be in the public domain and is not subject to privacy protections. Even if it were later removed, other users would have had access to it and could have read, collected, copied, and otherwise used it without your consent or knowledge. If your screen name contains your real name or email address, that information will be made publicly available on leaderboards and elsewhere. Ultimately, you are responsible for any information or content you post using our Online Services, but we strongly discourage you from disclosing any personal information in public areas.
E-mail Correspondence: We may provide e-mail addresses or forms to which you can send us questions or comments, or which you can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address, other contact information you provide, or any other personal information contained in the body of your e-mail message. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support and otherwise improve our products and Online Services. In most cases, your message is deleted immediately after we’ve resolved your inquiry; however, in some instances, copies of your requests may be kept on file for our records, for legal and/or quality control purposes, or to provide ongoing support services you have requested. If we obtain actual knowledge that the person with whom we’re communicating is a child (as defined under applicable law), we promptly delete the child’s e-mail address and messages, except where we are required to retain it under applicable law.
In addition to responding to your email correspondence and sending you information you have requested via our email lists, we send activation emails and other transactional emails to your e-mail address as necessary. If you do not wish to receive such messages, you have the option to deactivate your account.
Resumes: Gearbox allows for the online submission of resumes. Personal information collected from resumes will be used solely for the purpose of accepting and evaluating candidate submissions for job postings, and is therefore not governed by this Privacy Policy. Information obtained from resumes may be shared within Gearbox by parents, subsidiaries, or affiliates. You can view our job applicant privacy policy here: https://gearboxpublishing.com/applicantprivacypolicy/.
HOW WE USE COOKIES, TRACK IP ADDRESSES, AND USE OTHER PASSIVE MEANS TO COLLECT INFORMATION
Gearbox uses cookies, web beacons, and similar tracking devices for certain Online Services to collect information. If you choose to provide us with personal information, it may be linked to the information collected by these technologies.
• Cookies: A “cookie” is a small text file with a unique identifier that websites often place on a user’s computer. Our cookies are typically used to quickly identify a user’s computer, browser, or device and to “remember” things about prior visits (such as the user’s use of various features). You can disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain Online Services. For more information about the cookies we use and your opt-out options, please visit our Cookie Policy.
• Web Beacons, clear GIFs and pixels: These are electronic images or graphics with a unique identifier that function in a similar way to cookies. They are used to track your activity on our Online Services, including to count users who visit certain web pages and view certain advertisements, as well as to personalize content on and off our Online Services. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications.
• Log Files: We collect certain activity information from log files. Log file information is automatically reported by your browser to our servers when you access our Online Services. We record certain information from these log files, including web requests, IP address, browser type and version, language information, referring and exiting URLs, links clicked, pages viewed and other similar information. We use these log file entries for our internal marketing, service design, technical support, and demographic studies, so we can constantly improve the Online Services we provide you.
• Advertising Service Providers: Some of our Online Services are supported by advertising provided by Gearbox or various third-party advertising agents, such as ad networks, data exchanges, traffic management service providers and marketing analytics service providers (“Advertising Service Providers”). Such Online Services may place and use cookies, web beacons, and similar technologies to collect information about your device and your use of Online Services. The information such Advertising Service Providers may collect, or we may share with them, includes your device type, IP address, MAC address or other device ID, browser type, language, operating system and generalized geographic location; the types of pages, content and ads you, or others who are using your device, visited or viewed and the frequency of your visit/viewing; and information regarding your use of or activities in connection with an Online Service (e.g., time spent using an Online Service or your purchases). This information may be collected or shared when you use an Online Service, click on a webpage or an advertisement, or launch one of our games, and may be used: (1) to ensure that an Advertising Service Provider is accurately and properly paid for an advertisement it placed on our behalf (e.g., an ad that led you to purchase or download one of our games or other Online Service); (2) to help prevent you from seeing the same ads over and over again; (3) to help select and display targeted ads or other content that may be of particular interest to you; (4) to measure and analyze advertising effectiveness and/or traffic in our Online Services and determine the popularity of certain content; and (5) to monitor and analyze the usage of our Online Services, so that we can continually enhance and improve them.
We may use third-party tools to process analytics information on our Services. Some of our analytics partners include:
• Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
• New Relic. For more information, please visit New Relic’s Privacy Policy. To opt-out of interest-based advertising click here (or, if located in the European Union, click here).
• Hotjar. For more information, please visit Hotjar’s privacy policy. To opt out, please visit here.
• Bugsnag. For more information and instructions on how to opt out, please visit Bugsnag’s privacy policy.
Some of our advertising partners include:
• Google (Audiences and DoubleClick). For more information, see Google’s privacy policy. To opt out, please visit here.

• Facebook. For more information including how to opt out, please visit here.
For more information about the advertising-related cookies we use and your opt-out options, please visit our Cookie Policy. Additionally, for information and to opt out of receiving targeted ads from participating third-party ad networks, please go to:
o U.S. Users: aboutads.info/choices (Digital Advertising Alliance) (You can also download the DAA AppChoices tool in order to help control interest-based advertising on apps on your mobile device) or https://www.networkadvertising.org/managing/opt_out.asp (Network Advertising Initiative)
o EU Users: youronlinechoices.eu (European Interactive Digital Advertising Alliance)
o Canada Users: youradchoices.ca/choices/ (Digital Advertising Alliance of Canada)
Opting out of tracking by participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Online Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
DO NOT TRACK
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
HOW WE USE INFORMATION WE COLLECT
While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth below. Where GDPR or other similar laws apply, our processing is pursuant to our contract with you, with your consent, and/or as needed to comply with our legal obligations or further our legitimate business objectives. Some of our bases for processing are described below:
• Providing our Online Services: We and our service providers use the information we collect to operate our Online Services, including to administer tournaments, contests, sweepstakes and promotions; to communicate with users about their access to and use of our Online Services; to respond to user inquiries, comments and complaints; to fulfil orders and requests; to process payments; to provide troubleshooting and other technical support; and for other customer service and support purposes.
These uses of the personal information we collect are necessary for us to perform our contract with you, on the basis of your consent, and/or to serve our legitimate business interests.
• Protecting the integrity of the Online Services: We use the information we collect to verify your identity; to detect and prevent fraud, cheating and unauthorized activities; to facilitate Publishing updates; to secure our systems and the Online Services; to prevent hacking, cheats and spamming; to enforce our End User License Agreement and other applicable terms; and to protect the rights and safety of our users. Gearbox reserves the right to terminate any Gearbox license upon violating these policies.
These uses of the personal information we collect are necessary for us to perform our contract with you, on the basis of your consent, and/or to serve our legitimate business interests. They may also be necessary to comply with the law.
• Analyzing and improving the Online Services: We use the information we collect to better understand how users access and use our Online Services; to evaluate and improve the Online Services and our business operations; to develop new games, features, offerings and services; to conduct surveys and other evaluations; and for other research and analytical purposes.
We collect and process this information on the basis of your consent, and/or as needed to serve our legitimate business interests.
• Personalizing the Online Services: We use the information we collect to tailor content we send or display on our Online Services (e.g., for your geographic area); to offer personalized help and instructions; to tailor your gameplay experiences; and to otherwise personalize your experiences with the Online Services.
These uses of the personal information we collect serve our legitimate business interests, and may also be processed on the basis of your consent.
• Advertising, marketing and promotional purposes: We use the information we collect to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Online Services or information we think may interest you; and to administer promotions, sweepstakes and contests. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes.
These uses of the personal information we collect serve our legitimate business interests. In some circumstances, we will also obtain and rely upon your consent, which you can then withdraw at any time.
• Defending our legal rights: We may use the information we collect to manage and respond to legal disputes and claims, and to otherwise establish, defend or protect our rights or interests.
These uses of the personal information we collect serve our legitimate business interests. They may also be necessary to comply with the law.
• Complying with legal obligations: To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
These uses of the personal information we collect serve our legitimate business interests. They may also be necessary to comply with the law.

HOW WE SHARE INFORMATION WE COLLECT
In this section, we describe how we may disclose your personal information. When required by applicable law, we will obtain your consent prior to disclosure.
• Service Providers: We may engage third-party service providers to provide services to us or to users on our behalf, such as support for the internal operations of our Online Services (e.g., payment processing, forum operations, contest operations, email fulfillment, technical support processing, etc.), as well as related offline product support services, data storage and other services. In providing their services, the service providers may access, receive, maintain or otherwise process personal information on our behalf. We endeavor to ensure that our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes. In the event we offer services or promotions where your personal information is separately collected and used according to the privacy policy of a third party, we will endeavor to inform you of that at the time of collection and you may elect not to participate in the service or promotion.

• Affiliates: We may share your personal information and other information (including gameplay and analytics information) with our affiliates, including for their own direct marketing, to assist us with marketing our Online Services, analytics, research and demographic studies, development, for administrative purposes, including activities such as IT management, and to help us improve and tailor the Online Services we provide. The affiliate companies with whom we share your personal information are subject to this Privacy Policy when they use your personal information.

• Advertising and Analytics Partners: We may, at times, engage third parties that provide advertising, campaign measurement, analytics, and related services to us (with your consent, where required by applicable laws). They may use this information to help us better reach individuals with relevant ads and to measure and improve our ad campaigns, or to better understand how individuals interact with our Online Services. In addition, these third parties may combine the information collected from us and our Online Services with information collected about you from third-party sites, apps and services, in order to make inferences about you and your interests, to better tailor advertising and content to you across multiple sites, apps, and services, and to collect associated metrics.

• SNS features: Some of our Online Services offer SNS features and widgets, such as the Share This button. These third-party SNS features may set a cookie to enable the feature to function properly and may collect information about you when you use them, such as your IP address and which page you are visiting on our site. SNS features and widgets are either hosted by a third party or hosted directly by our Online Services. Your interactions with these features are governed by the privacy policy of the company providing the feature. Please review each company’s governing policies before using their services.

• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Publishing Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “How to Contact Us” below.

• Legally Required: We may also disclose your personal information if we believe in good faith that we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe necessary or appropriate to disclose personal information to law enforcement or other governmental or regulatory authorities or the courts, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Privacy Policy, our End User License Agreement or other applicable terms; to exercise our rights; to respond to any claims against us; and to protect the rights, property, or personal safety of Gearbox, our customers, or the public.

• Corporate Transactions: Your personal information may be disclosed as part of a proposed or actual merger, sale, or transfer of Gearbox assets, acquisition, bankruptcy, or similar corporate transaction.

• With Consent: We may disclose your personal information where you have consented or requested that we do so.

• Public Disclosure: Online gaming and social networking services are by their very nature open communities where gameplay information including user names, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, Gearbox will automatically post certain information and gameplay statistics, within the game, on social networking services, and on our other Online Services. We will endeavor not to post information that we know directly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, your gameplay, leaderboards, and multiplayer match information may appear nested in our games or third-party webpages via frames or widgets. Your participation in tournaments or other online game events is conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings, and achievements) generated through your participation.
Notwithstanding anything else in this Privacy Policy, we may share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information could not reasonably be used to identify a particular individual.
YOUR RIGHTS TO REVIEW, CONTROL, CORRECT & DELETE THE USE OR DISPLAY OF DATA
Email Communications. If you do not want to receive certain communications such as newsletters or promotional offers, you may indicate your preference at the time your personal information is requested or later opt-out by using the methods listed below. In addition to the methods below, along with most communications sent to you, Gearbox gives you the opportunity to discontinue receiving future communications by providing links at the bottom of the email communication. If for any reason you wish to unsubscribe from Gearbox mailing lists, please log in to manage your account or use the “unsubscribe from this list” or “update your preferences” links at the bottom of most Gearbox email messages.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
• Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;
• Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;
• Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;
• Request Restriction of or Object to our processing of your personal information when processing is noncompliant;
• Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;
• Request data portability and receive an electronic copy of personal information that you have provided to us;
• Be informed about third parties with which your personal information has been shared; and
• Request the review of decisions taken exclusively based on automated processing if that could affect your data subject rights.
To delete your Gearbox account, sign into your SHiFT account at https://shift.gearboxpublishing.com, click the “Other” link, then click “Delete My Account.”
In addition to the above methods, you may exercise the rights above by making a request via e-mail to privacy@gearboxpublishing.com, or you may write to us at Gearbox Publishing, ATTN: Privacy Policy, 5757 Main St., Suite 500, Frisco, TX 75034. Please indicate your country of residence in your correspondence.
DATA RETENTION
We will retain your personal information for as long as your account is active or as needed to provide the relevant services. After such time, we will either delete or anonymize your information or, if this is not possible (e.g., because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion occurs, as required under applicable law. If you wish to cancel your account or request that we no longer use your personal information to provide you services, please contact us as described above. If your account is inactive for a period of time, it may be deleted. If information is changed or deleted, we may still retain some of your information in our files to resolve disputes, enforce our End User License Agreement or other applicable terms, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Online Services.
In all cases for our Online Services, we will respond to your request for access to update, delete, or correct inaccuracies to your personal information.
LINKS TO OTHER SITES
You should be aware that while you are on our Online Services you could be directed to other websites and services that are operated by third parties and, therefore, governed by different privacy policies and terms of use. The fact that we link to a third party’s website or online service is not an endorsement, authorization, or representation of our affiliation with that third party. We recommend reading the privacy policy and terms of use of any third-party website or online service you link to before you submit any of your personal information.
CHILDREN’S PRIVACY
Gearbox’s Online Services are not intended for users under the age of 16. Gearbox does not knowingly collect personal information from children under 16 years old. If we become aware that a child under 16 has submitted information to Gearbox, we delete this information following its discovery. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet. If you are a parent or guardian and are concerned about the transfer of personal information about your child, please do not allow your child to access the Online Services and contact privacy@gearboxpublishing.com. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected (unless we have a legal obligation to keep it), and terminate the child’s account if applicable.
SAFEGUARDS USED TO PROTECT YOUR PERSONAL INFORMATION
To protect your personal information, Gearbox follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. Gearbox has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. However, no system can be 100% secure and human errors occur, so there is the possibility that there could be unauthorized access to your information. By using our Online Services, you assume all such risks.
YOUR CALIFORNIA PRIVACY RIGHTS
This section provides information for California residents. Gearbox may require proof of California residency before responding to requests made under this section.
YOUR RIGHTS UNDER CALIFORNIA’S SHINE-THE-LIGHT LAW
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may send inquiries regarding our disclosure policy to Gearbox Publishing, LLC, ATTN: Privacy Policy, 5757 Main St., Suite 500, Frisco, TX 75034.
CALIFORNIA CONSUMER PRIVACY ACT OF 2018
Categories of Personal Information Collected and Shared
In the chart below, we identify each category of personal information that we have collected about our users in the last 12 months using the categories enumerated in the California Consumer Privacy Act (“CCPA”). For each category of personal information we have collected, we also identify (i) the source(s) from which the information was collected; and (ii) the purpose(s) for which it was collected. Below the chart, we identify the categories of third parties, if any, with which it has been shared.
Each category of information is collected for the purposes listed below and described above in this Privacy Policy.
Personal Identifiers, such as your account name, SHiFT ID, name, email address, phone numbers, social media handles
• Sources : You, both directly and through your use of our Online Services ; Our third-party service providers ; Our affiliates and business partners ; Social media and other third-party accounts, if you choose to link them
• Purposes for Collection : Provide our Online Services, Communicate with you, Customer service, Personalize and improve your experience on our Online Services, Newsletters, Marketing, Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Data Analytics providers, Service Providers, Other users (Shift ID and social media handles you share via the Online Services), Advertising networks (hashed email only)

Protected Classifications, such as your age/date of birth
• Sources : You, both directly and through your use of our Online Services, Our third-party providers, Our affiliates and business partners
• Purposes for Collection : Make sure you are of an appropriate age to play our games, Personalize and improve your experience on our Online Services, Newsletters, Marketing, Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Data Analytics providers, Service Providers
Commercial Information, such as your order details/history, subscriptions, refunds, payments, shipping details
• Sources : You, both directly and through your use of our Online Services, Our third-party providers, Our affiliates and business partners
• Purposes for Collection : Fulfill orders, Communicate with you, Customer service, Marketing
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Advertising networks
Activity Information, such as your region, activity log, cookies, operating systems and versions, forum content
• Sources : You, both directly and through your use of our games and services, Our third-party providers, Our affiliates and business partners
• Purposes for Collection : Communicate with you, Customer service, Personalize and improve your experience on our Online Services, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Other forum users
Inferences about a Person, such as your reputation, experience
• Sources : You, both directly and through your use of our games and services, Our third-party service providers, Our affiliates and business partners, Social media and other third-party accounts, if you choose to link them
• Purposes for Collection : Communicate with you, Personalize and improve your experience on our Online Services, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Advertising networks
Geolocation Data, such as your geolocation based on IP address, IP address
• Sources : You, both directly and through your use of our games and services, Our third-party service providers, Our affiliates and business partners
• Purposes for Collection : Provide our Online Services, Customer service, Personalize and improve your experience on our Online Services, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Advertising networks
Customer Service, such as your account restriction history, case details, complaints and penalty histories, issue raised
• Sources : You, both directly and through your use of our games and services
• Purposes for Collection : Communicate with you, Customer service, Personalize and improve your experience on our Online Services, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers
Tournament/Match Data, such as your match details, team profile, performance stats, tournament details, player handle
• Sources : You, both directly and through your use of our games and services, Third-party service providers, Our affiliates and business partners
• Purposes for Collection : Provide our Online Services, Game rankings; leaderboards, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Other users
Game Data, such as your purchased items in game, unlocks, social, progression
• Sources : You, both directly and through your use of our games and services, Third-party service providers
• Purposes for Collection : Provide our Online Services, Customer service, Personalize and improve your experience on our systems and websites, Newsletters, Marketing, and Surveys
• Categories of Third Parties Information is Disclosed to for a Business Purpose : Service Providers, Data analytics providers, Other users

In addition to the sharing described above, we may share the above personal information with affiliates government entities and law enforcement. The purposes for which we share the personal information is described in detail above.

Rights of California Residents
Right to Know: If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:
• The specific pieces of personal information we have about you;
• The categories of personal information we collected, sold, or disclosed for a business purpose about you within the last 12 months;
• The categories of sources from which the personal information was collected;
• The purposes for which the information was collected or sold; and
• The categories of third parties to whom the information was sold, disclosed for a business purpose, or otherwise shared.
If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.
To submit a request, please email us at privacy@gearboxpublishing.com. Email requests must include “Your California Privacy Rights” in the subject field. Within 10 days of receipt, we will let you know we received your request. We will provide a substantive response within 45 days, unless we need more time, in which case we will notify you. If we need additional information to verify your identity, we will contact you to request that information (e.g., we may ask you to answer questions regarding your use of our Online Services). If we are not able to verify your identity, we will deny your request, but if applicable, we will refer you to the applicable sections of this Privacy Policy that address our data collection and use practices. If we deny your request, even if only in part, we will explain the reason in our response.
Right to Delete: If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you. To submit a request, please email us at privacy@gearboxpublishing.com or by regular mail at Gearbox Publishing, LLC, ATTN: Privacy Policy, 5757 Main St., Suite 500, Frisco, TX 75034. Email requests must include “Your California Privacy Rights” in the subject field. Within 10 days of receipt, we will confirm receipt of your request. We will provide a substantive response within 45 days, unless we need more time, in which case we will notify you. If we need additional information to verify your identity, we will contact you to request that information. If we are not able to verify your identity, we will deny your request to delete. If we deny your request, even if only in part, we will explain the reason in our response.
Right to be Free from Discrimination: We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our Online Services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.
Right to Opt-Out: California residents may opt out of the “sale” of their personal information, as defined by the CCPA. This does not include when:
• You direct us to disclose your personal information or use us to interact with a third party and the third party does not sell the personal information;
• We use or share an identifier solely to alert a third party you have opted out of the sale of your personal information;
• Your personal information is transferred as an asset as part of a transaction in which the third party assumes control of all or part of our business, in which case the third party would have to tell you in writing if it materially changes how the information is used or shared; and
• We use or share your personal information under a written contract with a service provider necessary to perform a business purpose. Here, the service the service provider performs is on our behalf, and our written contract prohibits it from keeping, using or disclosing your personal information for any purpose other than for the specific purpose identified in the contract.
In these cases, the disclosure of your personal information would not be considered a “sale” under CCPA. We use and share your information as described in this privacy policy. We have not sold personal information about you in the last 12 months (as the term “sale” is defined under the CCPA) and currently have no plans to do so in the future. However, we have provided you with a system to record your preference that your data not be sold in the future. You may make this request by contacting us at privacy@gearboxpublishing.com or mailing it to us at Gearbox Publishing, LLC, ATTN: Privacy Policy, 5757 Main St., Suite 500, Frisco, TX 75034.
Exercising Your Rights: To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above. If you would like to designate an authorized agent to make a request on your behalf, please be sure the agent can (i) demonstrate you have provided written permission for the agent to submit the request on your behalf, and (ii) provide proof of his or her own identity. If the agent does not satisfy these requirements, we will deny the request.
Children: Our Services are not directed to children, and we do not knowingly collect personal information from children under the age of 16. Nor do we knowingly sell personal information of children under 16 years old. If you learn that a child has provided us with personal information, then you may contact us as indicated above.
Refer-a-friend programs. As described above, we may offer “refer-a-friend” programs. We may offer incentives to you such as discounts or promotional credit in connection with these programs, wherein you provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Online Services. (The referred party may also receive rewards for signing up via your referral.) These referral programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of the referred party’s data to us depends on whether the referred party ultimately uses our Online Services. Said value will be reflected in the incentive offered for each referral.
Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.
Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us as set forth below, or by logging into their account and removing the content or information using our self-service tools, where available.
NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@gearboxpublishing.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
WHERE INFORMATION IS STORED
All information collected or received by Gearbox in connection with the Online Services is collected in, processed in, or transferred to the United States of America. While your information is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities pursuant to the laws of those jurisdictions. . Backup data, matchmaking data, and administrative data may also be stored on media or servers located in the United States of America. We endeavor to safeguard your information consistent with the requirements of applicable laws.
HOW TO CONTACT US
For all questions or complaints about this Privacy Policy, contact our Data Protection Officer via email at privacy@gearboxpublishing.com; or by regular mail at Gearbox Publishing, LLC, ATTN: DPO, 5757 Main St., Suite 500, Frisco, TX 75034. If you have a disability that makes exercising any of your rights in this Privacy Policy difficult, we want to help you through alternative means. Please contact us using the contact information above and let us know how we may best help you.
If you are located in the European Union, please indicate that in your email or letter, with the understanding that you may also have the right to complain to an EU data protection authority.
As mentioned above, Gearbox is a member of the ESRB’s Privacy Certified Program. If you believe we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, you may contact ESRB Privacy Certified by email at privacy@esrb.org or via its online contact form available at https://www.esrb.org/privacy/contact/.
All rights reserved.
© 2022 Gearbox. All rights reserved.



GEARBOX PUBLISHING®, LLC
END USER LICENSE AGREEMENT (“EULA”)
LAST UPDATED 9.9.19

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT

PLEASE READ THIS EULA CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA WITH THE UNITED STATES COMPANY GEARBOX PUBLISHING, LLC (“LICENSOR”), AS WELL AS THE PRIVACY POLICY LOCATED AT WWW.GEARBOXPUBLISHING.COM/PRIVACY AND TERMS OF SERVICE LOCATED AT WWW.GEARBOXPUBLISHING.COM/TERMS-OF-SERVICE.

This limited software warranty and license agreement (“EULA”) may be periodically updated; the most current version is posted at www.gearboxpublishing.com/eula (the website, “Site”). Your continued use of the Software following such posting constitutes your acceptance of its terms.

LICENSE

Subject to this EULA and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable license to use one copy of the Software for your personal, non-commercial use for gameplay on a single Game Platform (e.g., computer, mobile device, or gaming console). Your license rights are subject to your full and uninterrupted compliance with this EULA. The term of the license under this agreement commences on the date that you install or otherwise use the Software and ends upon the earlier date of (i) your disposal of the Software; or (ii) termination by Licensor (for more information, see below).

The Software is licensed, not sold, to you. You hereby acknowledge that no title or ownership in the Software is being transferred or assigned, and this EULA does not represent a sale of any individual rights in the Software to you. Licensor retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights (“Assets”). The software is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. and their country of origin. Be advised that U.S. copyright violations are subject to statutory penalties. The Software contains certain licensed materials, for which other licensors may also assert their rights against you in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.

LICENSE CONDITIONS

You agree not to:

Commercially exploit the Software or any Assets in the game;
Distribute, lease, license, sell, rent, or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as expressly set forth in this EULA;
Copy the Software or any part thereof (other than as set forth herein);
Make any copy of the Software available on a network for use or download by multiple users;
Except as otherwise specifically authorized under this EULA, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
Copy the Software without authorization onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM;
Use or copy the Software at a computer gaming center or any other location-based site;
Reverse engineer, decompile, disassemble, display, perform, prepare derivate works based on, or otherwise modify the Software, in whole or in part;
Remove or modify any proprietary notices, marks, or labels contained on or within the Software;
Restrict or inhibit any other, authorized user from using and enjoying any online features of the Software;
Cheat or utilize any unauthorized code, robot, spider, or other program in connection with any online features of the Software;
Violate any terms, policies, licenses, or code of conduct for any online features of the Software; or
Transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any U.S. export laws or regulations or US. Economic sanctions or otherwise violate any laws or regulations or the laws of the country in which the Software was obtained, which may be amended from time to time.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES

Software download, redemption of a unique serial code, registration of the Software, membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to activate the Software, access digital copies of the Software, or access certain un-lockable, downloadable, online, or other special content, services, and/or functions (collectively, “Special Features”). Access to Special Features is limited to a single User Account (as defined below) per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, converted into convertible virtual currency, or re-registered by another user unless otherwise expressly specified.

TECHNICAL PROTECTIONS

The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor use of the Software as Licensor deems appropriate. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. If the Software permits access to Special Features, only one copy of the Software may be used to access those Special Features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time, in any manner, and in Licensor’s sole discretion.

USER CREATED CONTENT

The Software may allow you to create content, including, but not limited to, a gameplay map, scenario, screenshot, design, item, or video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, and otherwise communicate to the public by any means available, and distribute your contributions without any further notice or compensation to you of any kind. You hereby waive and agree never to assert any rights or claims with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services. This license grant to Licensor, and terms above regarding any applicable moral rights, survive any termination of this Agreement and shall inure to the benefit of Licensor.

MODIFICATIONS (“MODS”)

Any new tools written for the Game from scratch are free to be used by Licensor and other authorized users; Mods and plugins for the Game cannot be sold or otherwise commercially-exploited by users. Such uses are not approved or endorsed by Licensor, and should not be described as such without Licensor’s express authorization. By making any content available on or through our Game or website, you are providing your irrevocable permission for Licensor and authorized users to license, use, copy, modify and adapt that content. Any content you make available on our Game or on our website must be your original creation and, by making it available, you represent and warrant that it does not infringe the rights of anyone else. Any tools provided by Licensor or third parties are provided is “AS IS,” without warranties of any kind, and you accept that your use is of your own free will, exclusive expense and liability.

INTERNET CONNECTION

The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. User experiences will vary.

USER ACCOUNTS

In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third Party Account”), or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor or a Licensor affiliate (“User Account”) in order to access the Software and its functionality and features. Your User Account login may be associated with a Third Party Account. You are responsible for all use and the security of your User Accounts and any Third Party Accounts that you use to access and utilize the Software.

SOFTWARE STORE TERMS

This EULA and the provision of the Software through any Software Store are subject to the additional terms and conditions set forth in or required by the applicable Software Store and, where applicable and consistent with Licensor’s intent, such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is through such Software Store, not Licensor.

This Agreement is solely between you and Licensor. You acknowledge that a Software Store may not have an obligation to furnish any maintenance or support services to you in connection with the Software. Except for the foregoing, to the maximum extent permitted by applicable law, the Software Store shall have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software (e.g., related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement) are governed by this Agreement. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. The Software Store is a third party beneficiary to this Agreement and may also enforce this Agreement, as necessary.

INFORMATION COLLECTION, USAGE & SHARING

By installing and using the Software, you consent to the information collection and usage terms set forth in Licensor’s Privacy Policy, including (where applicable) (i) the transfer of any personal information and other information to Licensor, its partners, affiliates, vendors, and to certain other third parties, such as governmental authorities, in the U.S. and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and Licensor’s partners, affiliates, vendors, and marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in the manner described in Licensor’s Privacy Policy, then you should forego using the Software.

For the purpose all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, please visit the governing Privacy Policy terms located at www.gearboxpublishing.com/privacy.

LIMITED WARRANTY

Licensor warrants to you if you are the initial and original purchaser of the Software that the original storage medium holding the Software is warranted against defects in material and workmanship under normal use and service for 90 days from the date of purchase (“Limited Warranty Period”). Licensor warrants to you that the Software is compatible with a personal computer meeting the minimum system requirements listed in the Software documentation or that it has been certified by the gaming unit producer as compatible with the gaming unit for which it has been published. However, due to variations in hardware, software, internet connections, and individual usage, Licensor does not warrant the performance of the Software on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.

If for any reason you accurately report a defect in the storage medium or Software during the warranty period, Licensor agrees to replace or repair, in its sole discretion without charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by Licensor. If the Software is no longer available, Licensor retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the storage medium and the Software as originally provided by Licensor and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.

Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor. Licensor does not warrant that the operation of the Software will be uninterrupted or error-free. Licensor is not responsible for any damage arising from failure to follow instructions relating to the Software’s use.

When returning the Software subject to the limited warranty above, you must send the original Software to the Licensor address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

INDEMNITY

You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions when using the Software pursuant to the terms of the Agreement.

IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.

IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE AT ISSUE.

THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD PARTY NETWORKS. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

TERMINATION

This EULA is effective until terminated by you or by the Licensor. This EULA automatically terminates when Licensor ceases to operate the Software servers (for games exclusively operated online), if Licensor determines or believes your use of the Software is unauthorized, inconsistent with the terms of this Agreement, or otherwise fails to comply with terms and conditions stated herein (and incorporated by reference). You may also terminate this Agreement by (i) requesting Licensor to terminate and delete your User Account using the method set forth in the Terms of Service; and (ii) destroying and/or deleting all copies of all Software in your possession, custody, or control. Deleting the Software from your Game Platform will not delete the information associated with your User Account and, if you reinstall the Software using the same User Account, you may still have access to your prior User Account information. If this EULA terminates due to your violation of this EULA, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this EULA, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, and mobile device on which it has been installed. Upon termination of this EULA, your rights to use the Software will terminate immediately, and you must cease all use of the Software. The termination of this EULA will not affect Licensor’s rights or your obligations to Licensor arising under this EULA.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Licensor at the location listed below.

EQUITABLE REMEDIES

You hereby agree that if the terms of this EULA are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect of this EULA, including temporary and permanent injunctive relief, in addition to any other available remedies.

DISPUTE RESOLUTION

This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Texas, notwithstanding its choice of law rules. For any and all legal disputes involving the terms of this Agreement, you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Collin County, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You also agree to attempt in good faith to resolve any claim or dispute with the Company before commencing arbitration. Any claim or dispute notice regarding the Online Service must be sent via email to dispute@gearboxpublishing.com as well as by U.S. Mail to Gearbox Publishing, LLC, ATTN: Legal Department/Arbitration Notice, 5757 Main Street, Suite 500, Frisco, Texas 75034, and must contain a written statement accurately setting forth (1) your name, address and contact information; (2) your email address; (3) all facts giving rise to the claim or dispute; and (4) the relief you seek.

You and the Company further agree as follows: (1) any claim or dispute brought to enforce this Agreement must be commenced within one (1) year of the event giving rise to the alleged claim or dispute; (2) the prevailing party will be entitled to costs and attorneys’ fees; and (3) any claim or dispute must be brought individually and not consolidated as part of a group or class action complaint.

The only disputes not covered by this Agreement to negotiate informally and arbitrate are disputes enforcing, protecting, or concerning the validity of any intellectual property rights asserted by the Company, its partners and affiliates.

BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES REGARDING USE OF THE LICENSED WORKS BETWEEN YOU AND THE COMPANY, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

(a) Dispute. As used in this Agreement, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and the Company concerning the Online Services or Licensed Works, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law.

(b) Informal Resolution Option. You and the Company agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and the Company otherwise agree in writing, the time for informal resolution will be 60 days from the date on which you or the Company mails a notice of the Dispute (“Notice of Dispute”) as specified in Paragraph(c). You and the Company agree that neither party will commence arbitration before the end of the 60-day period provided for informal resolution.

(c) Dispute Notices. Notice of any Dispute with the Company regarding online use of the Licensed Works must be sent via email to dispute@gearboxpublishing.com as well as by U.S. Mail to Gearbox Publishing, LLC, ATTN: LEGAL DEPT/ARBITRATION NOTICE, 5757 Main Street, Suite 500, Frisco, TX 75034, and must contain a written statement setting forth (1) your name, address, and contact information; (2) your email address; (3) all facts giving rise to the Dispute; and (4) the relief you seek. Notice of a Company Dispute with you will be sent to your registered email address and by U.S. Mail to the known mailing address.

(d) BINDING ARBITRATION. IF YOU LIVE IN THE UNITED STATES, YOU AND THE COMPANY AGREE THAT IF YOU AND THE COMPANY DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION UNDER PARAGRAPH (b) ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES IN PARAGRAPH (g) BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY OPTING TO USE THE LICENSED WORKS OR THE SITE, YOU ARE AGREEING TO BINDING ARBITRATION WHICH FORFEITS ANY RIGHTS YOU MAY HAVE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

THE ONLY DISPUTES NOT COVERED BY THIS AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF THE COMPANY’S (OR ANY OF YOUR OR THE COMPANY’S LICENSORS’) INTELLECTUAL PROPERTY RIGHTS.

(e) Small Claims Option. Notwithstanding Paragraph (d), you may also have the right to litigate any Dispute regarding your use of the Licensed Works or the Site in small claims court, subject to satisfying all requirements of the small claims court, including any limitations on jurisdiction and the disputed amount at issue.

(f) CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE COMPANY, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. YOU AND THE COMPANY AGREE THAT NO ARBITRATOR SHALL HAVE THE AUTHORITY TO FASHION A PROCEEDING AS A CLASS OR COLLECTIVE ACTION OR TO AWARD RELIEF TO A GROUP OR CLASS OF USERS IN ANY ARBITRATION PROCEEDING.

(g) Arbitration Procedure. Subject to the terms herein, the arbitration of any Dispute will be conducted by, and according to the rules and procedures of, the American Arbitration Association (the “AAA”). Information about the AAA, and how to commence arbitration before it, is available at www.adr.org or by calling 1-800-778-7879. The Commercial Arbitration Rules of the AAA will govern the arbitration. If you are an individual consumer and use the Licensed Works for personal or household use, or if the value of the Dispute is $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes of the AAA will also apply. If the AAA rules or procedures conflict with the provisions of this Agreement, the provisions of this Agreement will govern. You may request a telephonic or in-person hearing by following the AAA rules and procedures. Where the value of a Dispute is $10,000 or less, any hearing will be via electronic communications unless the arbitrator finds good cause to instead hold an in-person hearing.

(h) Arbitration Location. You agree to commence arbitration only in Collin County, Texas. The Company agrees to commence arbitration only in your county of residence.

(i) Costs & Fees. In any arbitration you commence, the Company reserves its right to seek its expenses associated with the arbitration process. In a Dispute involving more than $75,000, the AAA rules will govern payment of filing and AAA administrative fees and arbitrator’s fees and expenses. You and the Company agree that fees and expenses are not counted in determining how much a Dispute involves.

(j) Enforceability. If the class action waiver (which includes a waiver of private attorney-general actions) in Paragraph (f) is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then this Section and its subsections will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a Texas court of law, with the remaining parts proceeding in arbitration. The definition of “Dispute” in Paragraph (a) will still apply to this Agreement.

(k) Rejection Rights. If the Company makes a material change to this Section (other than an administrative change or revision to the notice address in Paragraph (c)) while you are authorized to use the Licensed Works or the Site, you may seek to reject the change by sending the Company written notice (in English, please) within 30 days of the basis for rejection by email to privacy@gearboxpublishing.com and via U.S. Mail to the address contained in Paragraph (c). You agree that you will informally negotiate and arbitrate any Dispute between us in accordance with the most recent version of this Section prior to the change you rejected and that Company reserves all lawful rights irrespective of such rejection.

(l) Severability. If any provision of this Section and its subsections, other than Paragraph (f) (i.e., class action waiver), is found to be illegal or unenforceable, that provision shall be limited or eliminated only to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

(m) Survival. The provisions of this Section will survive termination of this Agreement and the provision of the Online Services, Licensed Works and the Site.

TAXES AND EXPENSES

You shall be responsible for and shall pay and shall indemnify and hold harmless Licensor and any and all of its partners, affiliates, officers, directors, and employees against all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under this EULA, including interest and penalties thereon (exclusive of taxes on Licensor’s net income), irrespective of whether included in any invoice sent to you at any time by Licensor. You shall provide copies of any and all exemption certificates to Licensor if you are entitled to any exemption. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Licensor for any expenses, and will hold Licensor harmless therefrom.

TERMS OF SERVICE

All access to and use of the Software is subject to this EULA, the applicable Software documentation, Licensor’s Terms of Service (www.gearboxpublishing.com/terms-of-service), and Licensor’s Privacy Policy (www.gearboxpublishing.com/privacy), and all terms and conditions of the Terms of Service are hereby incorporated into this EULA by this reference. These agreements represent the complete agreement between you and Licensor relating to use of the Software and related services and products and supersede and replace any prior agreements between you and Licensor.

GOVERNING LAW

This EULA shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Texas, as such law is applied to agreements between Texas residents entered into and to be performed within Texas, except as governed by federal law. Accordingly, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Frisco, Texas, U.S.A.). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the State of Texas or federal law. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, YOU MAY CONTACT US IN WRITING AT: privacy@gearboxpublishing.com.

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