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LIGHTS ARE OFF
Zoonomaly TERMS OF USE
LAST MODIFIED ON 3/6/2024
Warning: This game contains sequences of rapidly flashing lights and patterns which may affect players with photosensitive epilepsy or other photosensitive conditions.
Player discretion is advised.
We have made efforts to provide a game experience that is as inclusive as possible. However, certain visual elements designed for gameplay may cause discomfort or seizures in players with particular conditions.
If you or someone you know has an epileptic condition or has had seizures of any kind, consult your physician prior to playing.
Safety Precautions:
* If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, IMMEDIATELY discontinue use and consult a doctor.
* Play in a well-lit room and take regular breaks.
* Avoid playing when you are tired or need sleep.
By playing the game, you acknowledge and accept the risks related to photosensitive triggers and agree that LIGHTS ARE OFF is not liable for any health reactions that may occur as a result of playing this game.
This Terms of Use (the “Agreement”) applies to the “Zoonomaly” video game software (together, the “Service”), provided by LIGHTS ARE OFF LLC (“LIGHTS ARE OFF”, “we”, or “us”).
Section 19 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by LIGHTS ARE OFF from time to time; and
3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Our License to You
LIGHTS ARE OFF grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from LIGHTS ARE OFF
You understand that you may receive business-related communications from LIGHTS ARE OFF through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
4. Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
5. Support Services
LIGHTS ARE OFF may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). LIGHTS ARE OFF is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of LIGHTS ARE OFF under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and LIGHTS ARE OFF will be and remain the sole property of LIGHTS ARE OFF and will be subject to the terms and conditions of this Agreement.
LIGHTS ARE OFF customer support may be reached by contacting us at support@lightsareoff.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to LIGHTS ARE OFF in connection with Support Services.
6. Modification, Termination, and Monitoring of the Service
LIGHTS ARE OFF reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that LIGHTS ARE OFF will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
LIGHTS ARE OFF reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
7. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and LIGHTS ARE OFF or between you and other parties.
LIGHTS ARE OFF and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
8. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). LIGHTS ARE OFF does not control the Linked Services, and LIGHTS ARE OFF and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that LIGHTS ARE OFF has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and LIGHTS ARE OFF cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold LIGHTS ARE OFF or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
9. Trademarks and Copyrights
The Service is owned by LIGHTS ARE OFF and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to LIGHTS ARE OFF. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of LIGHTS ARE OFF or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, LIGHTS ARE OFF. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
10. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by LIGHTS ARE OFF on an as-is basis. LIGHTS ARE OFF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIGHTS ARE OFF makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable. LIGHTS ARE OFF makes no promises that the Service will receive any patches, updates, upgrades, or other modifications, at any time.
No advice or information, whether oral or written, obtained by you from LIGHTS ARE OFF, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
11. Limitation of Liability
You expressly understand and agree that neither LIGHTS ARE OFF nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if LIGHTS ARE OFF or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against LIGHTS ARE OFF, as described in Sections 17 and 19 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LIGHTS ARE OFF and its affiliates will be limited to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold LIGHTS ARE OFF and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will LIGHTS ARE OFF or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
13. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
14. Disclosures Required by Law
LIGHTS ARE OFF reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. LIGHTS ARE OFF reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing LIGHTS ARE OFF to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold LIGHTS ARE OFF harmless from any claims resulting from any action taken by LIGHTS ARE OFF during or as a result of its investigations or from any actions taken as a consequence of investigations by either LIGHTS ARE OFF or law enforcement authorities.
15. Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.
17. Unreal Engine
The “Zoonomaly” game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. LIGHTS ARE OFF, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, LIGHTS ARE OFF, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this game, or will not revoke approval of this game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by LIGHTS ARE OFF and Epic. LIGHTS ARE OFF, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither LIGHTS ARE OFF, Epic, Epic’s licensors, nor its or their affiliates, nor any of LIGHTS ARE OFF’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will LIGHTS ARE OFF, Epic, Epic’s licensors, nor its or their affiliates, nor any of LIGHTS ARE OFF or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of LIGHTS ARE OFF’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if LIGHTS ARE OFF, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LIGHTS ARE OFF, Epic, Epic’s licensors, its and their affiliates, and any of LIGHTS ARE OFF or Epic’s service providers shall be limited to the full extent permitted by law.
18. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with LIGHTS ARE OFF, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with LIGHTS ARE OFF, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 19 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sacramento, California, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with LIGHTS ARE OFF by sending a message via email to support@lightsareoff.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
19. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND LIGHTS ARE OFF AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to support@lightsareoff.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Sacramento, California, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and LIGHTS ARE OFF will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LIGHTS ARE OFF WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and LIGHTS ARE OFF agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
20. Miscellaneous Terms
1. Agreement Revisions. This Agreement may only be revised in writing by LIGHTS ARE OFF’s publication of a new version on the Service.
2. Force Majeure. LIGHTS ARE OFF is not liable for any delay or failure to perform resulting from causes outside the reasonable control of LIGHTS ARE OFF, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LIGHTS ARE OFF’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LIGHTS ARE OFF as a result of this Agreement or your use of the Service.
4. Assignment. LIGHTS ARE OFF may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without LIGHTS ARE OFF’s prior written consent, and any unauthorized assignment by you will be null and void.
5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. Equitable Remedies. You hereby agree that LIGHTS ARE OFF would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and LIGHTS ARE OFF with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and LIGHTS ARE OFF with respect to the Service.
LIGHTS ARE OFF
PRIVACY POLICY
Last Modified on 3/6/2024
1. What’s in this Privacy Policy?
In this Privacy Policy, you’ll find:
* What information we collect about you
* How we might use that information
* What information we might share with others
* Your rights and choices about that information
2. What does this Privacy Policy cover?
We are LIGHTS ARE OFF LLC. In this document, we will refer to ourselves as “LIGHTS ARE OFF,” “we,” or “us.” We will refer to you and any other users as “you.”
This Privacy Policy covers the “Zoonomaly” video game – we’ll refer to this as the “Service”.
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and LIGHTS ARE OFF.
3. Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at support@lightsareoff.com.
4. What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
We do not collect any personal data directly from you when you use the Service.
However, Valve and other third-party platforms that you access the Service through may share certain information with us. Specifically, this information may include game analytics and other user profile information provided by the platform – this data is anonymized by the platforms and not personally identifiable. We use this data for analyzing and improving gameplay, and for operating, updating, and improving the Service.
We may also need to share your personal data in a few other situations:
* To follow the law, a court order, or orders from government agencies
* To detect and combat fraud or security issues
* To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not collect any other personal data or share your personal data with anyone else.
5. How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time.
Please note that we may retain some data, if necessary to:
* resolve disputes,
* enforce our user agreements,
* follow any technical and legal requirements related to the Service.
6. Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States. This processing will be under the privacy policies of third parties that we share personal data with.
If you would like more information, please contact us (see “How to contact us” below).
7. Special terms based on where you live
Depending on where you live, you may be subject to certain laws related to our use of your personal data.
For EU Residents:
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
* You can request a copy of your personal data
* You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
* If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
* In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
California Residents:
We are regulated under the California Consumer Privacy Act (CCPA), which applies to California residents.
Under the CCPA, California residents have several important rights:
Right to Know: You can ask us what personal data we hold about you and request a copy. This includes:
* The type and specific pieces of personal data we have collected
* The types of sources we collect the data from
* The purpose for collecting your personal data
* The third parties we share that data with
Right to Delete: You can request that we erase your personal data. There are some exceptions to this right, if we:
* Need to complete the transaction for which the personal data was collected or if there is an ongoing business relationship or contract with you
* Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
* Need to identify and repair errors affecting Service functionality
* Exercise free speech or ensure another consumer can exercise (or another lawful right)
* Need to comply with the California Electronic Communications Privacy Act
* Engage in research in the public interest
* Enable solely internal uses that are in line with your expectations for using your personal data
* Need to comply with a legal obligation
* Otherwise use your personal data internally, in a way that’s compatible with the reason we collected it in the first place
Sale of your personal data: We don’t sell any of your personal data for any purposes.
Other Rights: California residents also have the right to request information about our disclosure of personal data to third parties for direct marketing purposes during the calendar year before your request. This request is free and may be made only once a year.
We also won’t discriminate against you for exercising any of the rights listed above.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Virginia Residents:
We are regulated under the Virginia Consumer Data Protection Act (VCDPA), which applies to Virginia residents.
Under the VCDPA, Virginia residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
* The right to opt-out of processing of personal data for targeted advertising, sale of personal data and profiling.
Sale of your personal data: We do not sell personal data as the VCDPA defines the term “sale.”
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Colorado Residents:
We are regulated under the Colorado Privacy Act (CPA), which applies to Colorado residents.
Under the CPA, Colorado residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request a copy of their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
* The right to opt-out of processing of personal data for targeted advertising, sale of personal data and profiling.
Sale of your personal data: We do not sell personal data as the CPA defines a “sale”.
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Connecticut Residents:
We are regulated under the Connecticut Data Privacy Act (CTDPA), which applies to Connecticut residents.
Under the CTDPA, Connecticut residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request a copy of their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
Right to Opt Out: The CTDPA allows Connecticut residents to “opt out” of the processing of personal data for targeted advertising, the sale of personal data and profiling. If you are under the age of 16, you have the right to “opt in” to the processing of personal data for targeted advertising, the sale of personal data and profiling.
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
8. How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We also have procedures in place to deal with any suspected data security breach. We’ll notify you and any applicable regulator of a suspected data security breach when legally required.
9. Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at support@lightsareoff.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
10. How will we notify you of changes?
We last updated this Privacy Policy on 3/6/2024
We may make further updates from time to time. If so, we will post a message on the Service about the change.
11. How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so using the following contact info:
* Email: support@lightsareoff.com
* Postal Mail: 1401 21ST ST #4450 SACRAMENTO, CA95811
Zoonomaly TERMS OF USE
LAST MODIFIED ON 3/6/2024
Warning: This game contains sequences of rapidly flashing lights and patterns which may affect players with photosensitive epilepsy or other photosensitive conditions.
Player discretion is advised.
We have made efforts to provide a game experience that is as inclusive as possible. However, certain visual elements designed for gameplay may cause discomfort or seizures in players with particular conditions.
If you or someone you know has an epileptic condition or has had seizures of any kind, consult your physician prior to playing.
Safety Precautions:
* If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, IMMEDIATELY discontinue use and consult a doctor.
* Play in a well-lit room and take regular breaks.
* Avoid playing when you are tired or need sleep.
By playing the game, you acknowledge and accept the risks related to photosensitive triggers and agree that LIGHTS ARE OFF is not liable for any health reactions that may occur as a result of playing this game.
This Terms of Use (the “Agreement”) applies to the “Zoonomaly” video game software (together, the “Service”), provided by LIGHTS ARE OFF LLC (“LIGHTS ARE OFF”, “we”, or “us”).
Section 19 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by LIGHTS ARE OFF from time to time; and
3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Our License to You
LIGHTS ARE OFF grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from LIGHTS ARE OFF
You understand that you may receive business-related communications from LIGHTS ARE OFF through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
4. Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
5. Support Services
LIGHTS ARE OFF may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). LIGHTS ARE OFF is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of LIGHTS ARE OFF under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and LIGHTS ARE OFF will be and remain the sole property of LIGHTS ARE OFF and will be subject to the terms and conditions of this Agreement.
LIGHTS ARE OFF customer support may be reached by contacting us at support@lightsareoff.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to LIGHTS ARE OFF in connection with Support Services.
6. Modification, Termination, and Monitoring of the Service
LIGHTS ARE OFF reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that LIGHTS ARE OFF will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
LIGHTS ARE OFF reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
7. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and LIGHTS ARE OFF or between you and other parties.
LIGHTS ARE OFF and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
8. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). LIGHTS ARE OFF does not control the Linked Services, and LIGHTS ARE OFF and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that LIGHTS ARE OFF has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and LIGHTS ARE OFF cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold LIGHTS ARE OFF or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
9. Trademarks and Copyrights
The Service is owned by LIGHTS ARE OFF and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to LIGHTS ARE OFF. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of LIGHTS ARE OFF or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, LIGHTS ARE OFF. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
10. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by LIGHTS ARE OFF on an as-is basis. LIGHTS ARE OFF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIGHTS ARE OFF makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable. LIGHTS ARE OFF makes no promises that the Service will receive any patches, updates, upgrades, or other modifications, at any time.
No advice or information, whether oral or written, obtained by you from LIGHTS ARE OFF, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
11. Limitation of Liability
You expressly understand and agree that neither LIGHTS ARE OFF nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if LIGHTS ARE OFF or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against LIGHTS ARE OFF, as described in Sections 17 and 19 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LIGHTS ARE OFF and its affiliates will be limited to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold LIGHTS ARE OFF and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will LIGHTS ARE OFF or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
13. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
14. Disclosures Required by Law
LIGHTS ARE OFF reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. LIGHTS ARE OFF reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing LIGHTS ARE OFF to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold LIGHTS ARE OFF harmless from any claims resulting from any action taken by LIGHTS ARE OFF during or as a result of its investigations or from any actions taken as a consequence of investigations by either LIGHTS ARE OFF or law enforcement authorities.
15. Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.
17. Unreal Engine
The “Zoonomaly” game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. LIGHTS ARE OFF, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, LIGHTS ARE OFF, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this game, or will not revoke approval of this game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by LIGHTS ARE OFF and Epic. LIGHTS ARE OFF, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither LIGHTS ARE OFF, Epic, Epic’s licensors, nor its or their affiliates, nor any of LIGHTS ARE OFF’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will LIGHTS ARE OFF, Epic, Epic’s licensors, nor its or their affiliates, nor any of LIGHTS ARE OFF or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of LIGHTS ARE OFF’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if LIGHTS ARE OFF, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LIGHTS ARE OFF, Epic, Epic’s licensors, its and their affiliates, and any of LIGHTS ARE OFF or Epic’s service providers shall be limited to the full extent permitted by law.
18. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with LIGHTS ARE OFF, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with LIGHTS ARE OFF, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 19 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sacramento, California, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with LIGHTS ARE OFF by sending a message via email to support@lightsareoff.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
19. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND LIGHTS ARE OFF AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to support@lightsareoff.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Sacramento, California, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and LIGHTS ARE OFF will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LIGHTS ARE OFF WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and LIGHTS ARE OFF agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
20. Miscellaneous Terms
1. Agreement Revisions. This Agreement may only be revised in writing by LIGHTS ARE OFF’s publication of a new version on the Service.
2. Force Majeure. LIGHTS ARE OFF is not liable for any delay or failure to perform resulting from causes outside the reasonable control of LIGHTS ARE OFF, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LIGHTS ARE OFF’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LIGHTS ARE OFF as a result of this Agreement or your use of the Service.
4. Assignment. LIGHTS ARE OFF may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without LIGHTS ARE OFF’s prior written consent, and any unauthorized assignment by you will be null and void.
5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. Equitable Remedies. You hereby agree that LIGHTS ARE OFF would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and LIGHTS ARE OFF with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and LIGHTS ARE OFF with respect to the Service.
LIGHTS ARE OFF
PRIVACY POLICY
Last Modified on 3/6/2024
1. What’s in this Privacy Policy?
In this Privacy Policy, you’ll find:
* What information we collect about you
* How we might use that information
* What information we might share with others
* Your rights and choices about that information
2. What does this Privacy Policy cover?
We are LIGHTS ARE OFF LLC. In this document, we will refer to ourselves as “LIGHTS ARE OFF,” “we,” or “us.” We will refer to you and any other users as “you.”
This Privacy Policy covers the “Zoonomaly” video game – we’ll refer to this as the “Service”.
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and LIGHTS ARE OFF.
3. Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at support@lightsareoff.com.
4. What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
We do not collect any personal data directly from you when you use the Service.
However, Valve and other third-party platforms that you access the Service through may share certain information with us. Specifically, this information may include game analytics and other user profile information provided by the platform – this data is anonymized by the platforms and not personally identifiable. We use this data for analyzing and improving gameplay, and for operating, updating, and improving the Service.
We may also need to share your personal data in a few other situations:
* To follow the law, a court order, or orders from government agencies
* To detect and combat fraud or security issues
* To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not collect any other personal data or share your personal data with anyone else.
5. How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time.
Please note that we may retain some data, if necessary to:
* resolve disputes,
* enforce our user agreements,
* follow any technical and legal requirements related to the Service.
6. Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States. This processing will be under the privacy policies of third parties that we share personal data with.
If you would like more information, please contact us (see “How to contact us” below).
7. Special terms based on where you live
Depending on where you live, you may be subject to certain laws related to our use of your personal data.
For EU Residents:
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
* You can request a copy of your personal data
* You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
* If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
* In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
California Residents:
We are regulated under the California Consumer Privacy Act (CCPA), which applies to California residents.
Under the CCPA, California residents have several important rights:
Right to Know: You can ask us what personal data we hold about you and request a copy. This includes:
* The type and specific pieces of personal data we have collected
* The types of sources we collect the data from
* The purpose for collecting your personal data
* The third parties we share that data with
Right to Delete: You can request that we erase your personal data. There are some exceptions to this right, if we:
* Need to complete the transaction for which the personal data was collected or if there is an ongoing business relationship or contract with you
* Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
* Need to identify and repair errors affecting Service functionality
* Exercise free speech or ensure another consumer can exercise (or another lawful right)
* Need to comply with the California Electronic Communications Privacy Act
* Engage in research in the public interest
* Enable solely internal uses that are in line with your expectations for using your personal data
* Need to comply with a legal obligation
* Otherwise use your personal data internally, in a way that’s compatible with the reason we collected it in the first place
Sale of your personal data: We don’t sell any of your personal data for any purposes.
Other Rights: California residents also have the right to request information about our disclosure of personal data to third parties for direct marketing purposes during the calendar year before your request. This request is free and may be made only once a year.
We also won’t discriminate against you for exercising any of the rights listed above.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Virginia Residents:
We are regulated under the Virginia Consumer Data Protection Act (VCDPA), which applies to Virginia residents.
Under the VCDPA, Virginia residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
* The right to opt-out of processing of personal data for targeted advertising, sale of personal data and profiling.
Sale of your personal data: We do not sell personal data as the VCDPA defines the term “sale.”
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Colorado Residents:
We are regulated under the Colorado Privacy Act (CPA), which applies to Colorado residents.
Under the CPA, Colorado residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request a copy of their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
* The right to opt-out of processing of personal data for targeted advertising, sale of personal data and profiling.
Sale of your personal data: We do not sell personal data as the CPA defines a “sale”.
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
Connecticut Residents:
We are regulated under the Connecticut Data Privacy Act (CTDPA), which applies to Connecticut residents.
Under the CTDPA, Connecticut residents have several important rights:
* The right to access their personal data that we have collected or processed.
* The right to request a copy of their personal data that we have collected or processed.
* The right to request that we delete their personal data.
* The right to correct inaccurate personal data.
Right to Opt Out: The CTDPA allows Connecticut residents to “opt out” of the processing of personal data for targeted advertising, the sale of personal data and profiling. If you are under the age of 16, you have the right to “opt in” to the processing of personal data for targeted advertising, the sale of personal data and profiling.
Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
If you would like to exercise any of those rights, please email us at support@lightsareoff.com. We may ask for additional info to verify that you’re the owner of that data.
8. How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We also have procedures in place to deal with any suspected data security breach. We’ll notify you and any applicable regulator of a suspected data security breach when legally required.
9. Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at support@lightsareoff.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
10. How will we notify you of changes?
We last updated this Privacy Policy on 3/6/2024
We may make further updates from time to time. If so, we will post a message on the Service about the change.
11. How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so using the following contact info:
* Email: support@lightsareoff.com
* Postal Mail: 1401 21ST ST #4450 SACRAMENTO, CA95811