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Gearbox Terms of Service, Gearbox Privacy Policy and Relic Hunters Legend Terms of Use
GEARBOX TERMS OF SERVICE
GEARBOX SOFTWARE, 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 SOFTWARE, 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 Software, LLC (the “Company”), which reserves all rights.
The Terms and Conditions herein are in addition to and supplement the terms governing use of all software 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 software, 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 software 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, software 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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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@gearboxsoftware.com as well as by U.S. Mail to Gearbox Software, 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@gearboxsoftware.com as well as by U.S. Mail to Gearbox Software, 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@gearboxsoftware.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.gearboxsoftware.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 Software, 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@gearboxsoftware.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.
GEARBOX PRIVACY POLICY
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.
Categories of Personal Information Sources Purposes for Collection Categories of Third Parties Information is Disclosed to for a Business Purpose
Personal Identifiers, such as your account name, SHiFT ID, name, email address, phone numbers, social media handles • 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 • Provide our Online Services
• Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, Surveys • 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 • You, both directly and through your use of our Online Services
• Our third-party providers
• Our affiliates and business partners • Make sure you are of an appropriate age to play our games
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, Surveys • Data Analytics providers
• Service Providers
Commercial Information, such as your order details/history, subscriptions, refunds, payments, shipping details • You, both directly and through your use of our Online Services
• Our third-party providers
• Our affiliates and business partners • Fulfill orders
• Communicate with you
• Customer service
• Marketing • Service Providers
• Data analytics providers
• Advertising networks
Activity Information, such as your region, activity log, cookies, operating systems and versions, forum content • You, both directly and through your use of our games and services
• Our third-party providers
• Our affiliates and business partners
• Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Other forum users
Inferences about a Person, such as your reputation, experience • 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 • Communicate with you
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Advertising networks
Geolocation Data, such as your geolocation based on IP address, IP address • You, both directly and through your use of our games and services
• Our third-party service providers
• Our affiliates and business partners • Provide our Online Services
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Advertising networks
Customer Service, such as your account restriction history, case details, complaints and penalty histories, issue raised • You, both directly and through your use of our games and services • Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
Tournament/Match Data, such as your match details, team profile, performance stats, tournament details, player handle • You, both directly and through your use of our games and services
• Third-party service providers
• Our affiliates and business partners • Provide our Online Services
• Game rankings; leaderboards
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Other users
Game Data, such as your purchased items in game, unlocks, social, progression • You, both directly and through your use of our games and services
• Third-party service providers • Provide our Online Services
• Customer service
• Personalize and improve your experience on our systems and websites
• Newsletters, Marketing, and Surveys • 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.
RELIC HUNTERS LEGEND - TERMS OF USE
1. Application of Terms of Use: Welcome to ROGUE SNAIL CRIAÇÃO DE JOGOS LTDA ME ("Rogue Snail") “Relic Hunters Legend” online game ("RHL"). These terms of use ("Terms of Use") apply to your use of the RHL software, documentation and any associated materials comprising or made available to you in relation to RHL (the "Program"), the website ("Website") at https://www.relichunters.com/ (or such other URL as the Website may subsequently be hosted at), as well as any services (including, without limitation, any Program APIs (as defined in clause 15) offered or provided by Rogue Snail or its nominated third parties in relation to RHL (the "Services"). These Terms of Use incorporate and must be read in conjunction with our Privacy Notice and Cookies Notice. By making use of any of the Program, Website and Services, you are deemed to have read and agree to be bound by these Terms of Use, our Privacy Notice and our Cookies Notice. If you do not agree to these Terms of Use, our Privacy Notice or our Cookies Notice, you are not authorized to access and use the Program, Website and Services, and you must immediately stop doing so. Rogue Snail reserves the right to amend these Terms of Use and the License from time to time upon placing any such amendments on the Program the Website or by providing you direct notice of any such changes. Your continued use of any of the Program, Website and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.
2. Age restriction: If you are under the age of majority in your jurisdiction or eighteen (18) years of age, whichever is older, please ask your parent or guardian to read and accept this agreement on your behalf. RHL rating is still pending and if you are under 18 years you must have your parent or legal guardian consent to your use of RHL.
3. License: Rogue Snail grants you a non-exclusive, personal, non-transferable, limited right and license ("License") to install and use one copy of this Program (RHL) solely for your non-commercial use, and making use of the Program, Website and Services (or any parts of such as Rogue Snail may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, any rights you may have in respect of any elements or aspects of RHL (including without limitation in respect of the in-game characters and Virtual Items) are strictly limited to a personal 'license to use' such as part of the License and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Rogue Snail or any behavior which Rogue Snail deems in its sole discretion is not in keeping with the intended spirit of participation in RHL, immediately terminates the License, or such aspect of the License as Rogue Snail may otherwise provide you notice of. Termination of the License, or any aspect of the License, by Rogue Snail may without limitation also result in the taking of any of the further actions described in clause 14.
4. Rights: Unless otherwise stated in these Terms of Use, Rogue Snail is the owner or licensee of all rights including all copyright, trademarks and other intellectual property rights relating to or included within the Program, Website and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, music, sound effects, text, images and all other elements included in and deriving from the gameplay and virtual world featured in RHL, including without limitation in-game names, characters, locations and any virtual items ("Virtual Items") and their associated benefits or properties acquired or provided for use within RHL. Rogue Snail at all times retains the right to deal with the Rights as Rogue Snail at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Program (including without limitation the Virtual Items), Website and Services.
5. Restrictions: Under no circumstances, without the prior written approval of Rogue Snail, may you:
a. Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Program, Website or Services other than in accordance with the License.
b. Modify or adapt (including through third parties and third-party tools) the game client or its data, other than in the normal course of RHL gameplay as permitted in accordance with the License.
c. Utilize any automated software or 'bots' in relation to your access or use of the Program, Website or Services.
d. Knowingly perform any actions that may cause the computers used to support the Program, Website and Services (the "Servers") to become overloaded or crash.
e. Connect to the Servers through any software other than the authorized game client software.
f. Use any data gathering and extraction tools or software to extract information from the Program, Website and Services or utilize framing techniques to enclose any of the contents of the Program, Website and Services.
g. Use any meta tags or other hidden text which incorporate Rogue Snail’ name or any of its intellectual property including trademarks.
h. Perform in-game services during your use of the Program, Website or Services for any form of compensation outside of RHL.
i. Reverse engineer, de-compile or disassemble the Program, Website or Services or seek to establish the technical processes, operations and communication protocols of the Program, Website or Services through any means, including without limitation by reference to the input or output of the Program, Website or Services or the internal structure and workings of the Program, Website or Services.
VIOLATION OF THESE LICENSE RESTRICTIONS BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT MAY RESULT IN A SUSPENSION OR BAN, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO ROGUE SNAIL.
6. User Generated Content: We encourage our end users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our community (herein “User Generated Content”) as an exception to 6.a. We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv, subject to your compliance with any further obligations imposed by the applicable sites you wish to make the gameplay available through —for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”. We only ask that, as a courtesy, you send us a note or @ us in a tweet to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our RHL. By sharing your User Generated Content, you grant Rogue Snail an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with Rogue Snails´s Services, Website and Program. Notwithstanding the foregoing, you agree that on request from Rogue Snail you will immediately arrange for the removal from or alteration of any User Generated Content, that violates Rogue Snail Code of Conduct included on any such social media video streaming services and further agree that you will not pursue Rogue Snail for any actual or potential loss you may suffer in such regard.
7. Indemnity: You agree to fully indemnify Rogue Snail for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the License and your use or any third-party use of any User Generated Content created by you including, in respect of any third-party claims against Rogue Snail, its related parties, employees, contractors or agents.
8. Communication Policy: The Rogue Snail´s Services may contain communication tools such as chat areas, forums, groups, communities, and others where enabling you to make post, comments, statements or any messages you send to other users of the Program, Website and Services (including as part of the RHL gameplay) including any images you make available by any manner whether facilitated or otherwise allowable by the Program, Website and Services (“Communications”):
a. All Communications made by you must represent your genuine opinion of the matter in question;
b. All rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any images you post as part of the Communications must belong to you or you must have the right to make the images available in relation to the Program, Website and Services in accordance with this Communication Policy;
c. Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Rogue Snail in its sole discretion, or Images otherwise in contravention of any law or court order, are not permitted;
d. Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Rogue Snail in its sole discretion, or Communications otherwise in contravention of any law or court order, are not permitted;
e. Communications advertising or promoting any person or entity or their goods or services without the prior written approval of Rogue Snail are not permitted;
f. You grant Rogue Snail a perpetual, non-revocable royalty-free license to:
i. make use of any Communications as Rogue Snail deems appropriate in relation to any of the Program, Website and Services or the promotion of the same; and
ii. sub-license third parties, on such terms as Rogue Snail deems appropriate, to make use of any Communications as Rogue Snail deems appropriate in relation to any of the Program, Website and Services or the promotion of the same;
g. Rogue Snail reserves the right without notice, explanation or liability to:
i. restrict or remove your ability to make Communications and/or trade Virtual Items;
ii. disallow the posting of any specific Communication;
iii. edit any specific Communication; and
iv. completely remove any Communications from the Website or anywhere else related to the Program and Services (including as part of the RHL gameplay) where they appear or are stored; and
h. You agree to indemnify Rogue Snail on demand for any loss or costs of whatever nature suffered by Rogue Snail whether direct or consequential as a result of any breach by you of clauses 8(a)-(e).
9. Content: While Rogue Snail has endeavored to take all reasonable and appropriate care in the preparation of the content of the Program, Website and Services and has no reason to believe that any information contained therein is inaccurate or that any Communications are in contravention of the Communication Policy, Rogue Snail does not warrant the accuracy, adequacy, or completeness of any of those information and that such information is error free or that any Communications are not in contravention of the Communication Policy . Rogue Snail does not undertake to keep any of the Program, Website or Services updated. To the greatest extent permitted by law Rogue Snail does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Program, Website or Services or in relation to any Communications, including without limitation where such loss or damage is a result of or contributed to by the negligence of Rogue Snail.
10. Linked Websites: The Program, Website or Services may contain links to other websites not controlled by Rogue Snail ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. Rogue Snail is not responsible for the content or privacy practices associated with Linked Websites. Rogue Snail’ links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use. Rogue Snail recommends that you read Linked Websites’ privacy policies before you provide personal information on any Linked Website.
11. Account Registration: To acquire or make full use of any of the Program. Website and Services you will need to register for a Rogue Snail member account (“Member Account”), either directly with Rogue Snail or through any publisher/distributor arranged by Rogue Snail (currently “Shift”) and in this case you must, in addition to this Terms of Use, review and accept the publisher/distributor own terms of use and code of conduct. If you do choose to register for a Member Account you warrant that all information and personal details you provide to Rogue Snail are correct. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.
12. Usernames: Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Program, Website and Services, may be viewable by other users of any of the Program, Website and Services as applicable and you warrant that any such username or other identifier will not:
a. infringe the rights of whatever nature of any third-party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and
b. contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Rogue Snail in its sole discretion or otherwise be in contravention of any law or court order.
13. Confidentiality of Passwords: You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third-party or allow a third-party access to your Member Account without first obtaining Rogue Snail’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Rogue Snail immediately if you know or suspect that your Member Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.
14. Cancellation of Membership: Rogue Snail reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, Rogue Snail also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Virtual Items, if it believes you have breached these Terms of Use or any other agreements you may have with Rogue Snail, if you have engaged in behavior which Rogue Snail deems in its sole discretion is not in keeping with the intended spirit of participation in RHL or for any other reason whatsoever. In such event you agree that Rogue Snail will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to Rogue Snail. Rogue Snail may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.
15. Program APIs: Rogue Snail may, from time to time, make available application programming interfaces to enable third-party sites and services to access certain in-game data via the internet (“Program APIs”). Rogue Snail may modify, add, remove, replace or upgrade any or all of its Program APIs (including the data fields of those Program APIs) at any time at its discretion. You must comply with Rogue Snail’ technical documentation and policies (as published and as updated on the Program, Website and Services from time to time or as otherwise notified to you by Rogue Snail) regarding use of the Program APIs (“API Policies”). Without limiting the foregoing, you must comply with the Program API call limits set out in the API Policies or as otherwise notified to you by Rogue Snail, and not attempt to circumvent those limits.
16. Virtual Item Trading: Subject to the remainder of these Terms of Use, you may trade Virtual Items with other game players for your own personal and non-commercial purposes using the in-game trading mechanisms provided by Rogue Snail and through use of official Rogue Snail Program APIs. You agree that to the greatest extent permissible at law Rogue Snail will have no liability to you of any nature arising out of or in connection with any trade or inability to trade.
17. Links: If you provide a link to the Website you agree that you will not use any Rogue Snail logo, trade mark or other proprietary graphic as part of such link without the express prior approval of Rogue Snail.
18. Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general RHL gameplay) relating to you or your use of any of the Program, Website and Services held by Rogue Snail or any third-party on behalf of Rogue Snail is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Rogue Snail in its sole discretion, you agree that to the greatest extent permissible at law Rogue Snail will have no liability to you of any nature relating to any such information or data.
19. Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Program, Website and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Rogue Snail does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Program, Website and Services.
20. Support: Rogue Snail reserves the right to make support services available in relation to any of the Program, Website and Services on such terms and conditions as Rogue Snail at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Rogue Snail at its sole discretion deems appropriate.
21. Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of the Program, Website and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
22. Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will Rogue Snail, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third-party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of any of the Program, Website and Services, including without limitation in relation to any Communications or any breach by you of the Communication Policy, or in respect of any failure or omission on the part of Rogue Snail to comply with its obligations as set out in these Terms of Use.
23. Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Rogue Snail becomes liable for any loss or damage that would otherwise have been excluded, Rogue Snail’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Program, Website and Services is to be limited to USD50(fifty American Dollar).
24. Jurisdiction: The provision and use of the Program, Website and Services is governed by and is to be interpreted in accordance with the laws of Brazil and subject to clause 25, in all matters relating to or arising from your access and use of any of the Program, Website and Services, you agree to submit to the exclusive jurisdiction of the Courts of Brazil. If you are accessing or making use of any of the Program, Website and Services from outside of Brazil, then you agree that you are entirely responsible for ensuring that your access and use of any of the Program, Website and Services will not contravene any laws in your country.
25. Disputes: In the event that you have a dispute in respect of, relating to or arising from any of the Program, Website and Services you must immediately notify Rogue Snail in writing giving details of the dispute. If Rogue Snail and yourself cannot resolve the dispute within fifteen (15) days of receipt by Rogue Snail of such notice then to the greatest extent permitted by law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Rogue Snail or, failing agreement, appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) at the request of either you or Rogue Snail. If the matter is not resolved by mediation within fifteen (15) days from there, the matter will be submitted for arbitration by a single arbitrator agreed to by both yourself and Rogue Snail or, failing agreement, to be appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) at the request of either you or Rogue Snail. Unless agreed otherwise by Rogue Snail, all such mediation and arbitration proceedings shall take place at a venue in Brazil to be chosen by Rogue Snail acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator as applicable or agreed otherwise by the parties.
26. Failure to Comply: Rogue Snail accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
27. Waiver: If Rogue Snail waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
28. Severability: If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.
29. Entire Agreement: These Terms of Use constitute the entire agreement between you and Rogue Snail in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.
30. Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us via email support@roguesnail.com.
RELIC HUNTERS LEGEND – PRIVACY NOTICE
1. Introduction: Rogue Snail complies with the Brazilian Data Protection General Act (Lei 13.709/2018) when dealing with personal information. Personal information is information about an identifiable individual (a natural person). This privacy notice forms sets out how Rogue Snail will treat your personal information.
2. Personal Data Treatments: You hereby expressly and irrevocably agrees and authorizes Rogue Snail to proceed the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, disposal, evaluation or control of information, modification, communication, transfer, dissemination or extraction of your personal data furnished by you while registering a Member Account, accessing, using, and in any way interacting with the Website, the Program and the Services, including (i) your email address; (ii) user name and password; (iii) character names and gameplay information; (iv) any Communications; (v) your credited name (if any); (vi) ‘crash reports’ in the event that a RHL software crash occurs, which may include details of your Member Account, a portion of the memory state of the RHL game when the crash occurred and the game settings you were using; (vii) and the IP address of your machine when connected to the internet, the operating system and the browser your computer uses and any search engine you are using, the date and time you are visiting, the URLs of the Website pages you visit and any telemetry details (such as speed of your connection and how well RHL game client is running) associated with your access and use of RHL.
3. Rogue Snail may also collect:
a. information collected from third parties when you link your Member Account with an approved third-party account (currently Steam and Shift,), where you have authorized this or where the information is publicly available; and
b. information collected through our use of cookies or similar technologies. Please refer to Rogue Snails’ Cookies Notice for further information, including information on how you can disable these technologies.
4. Use of Information:
a. Rogue Snail uses the information provided by you:
i. to provide the Program, Website and Services to you;
ii. to verify your identity and verify that your Member Account is not being used by others;
iii. to fulfill any orders for in game currency (when available) ordered through the Program;
iv. to market products and services to you, including contacting you via email that you may choose (or opt in) to receive. You can stop receiving Rogue Snail’s promotional emails by following the unsubscribe instructions included in those emails; and
v. to respond to communications from you.
b. Rogue Snail uses the information generated by your access or use of the Program, Website or Services:
i. to monitor the performance of the Program, Website and Services and ensure that the Program, Website and Services perform in the best manner possible;
ii. for security and system integrity purposes; and
iii. to conduct research and statistical analysis (on an anonymized basis) (see more in the Statistics section of this privacy notice below);
c. Rogue Snail may also use your personal information:
i. to protect and/or enforce Rogue Snail’s legal rights and interests, including defending any claim;
ii. for any other purpose authorized by you, the Act or other applicable law;
iii. to respond to lawful requests by public authorities, including to meet law enforcement requirements; and
iv. where this is necessary for Rogue Snail’s legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
Rogue Snail does not use personal information to make any automated decisions – automated processes do monitor gameplay to identify cheating and fraud but human intervention is applied in the decision-making process. Information is gathered transiently for these purposes but is not stored.
5. Disclosing Information:
a. Rogue Snail does not sell your personal data to third parties or provide such data to direct marketing companies or other such organizations without your prior consent.
b. Rogue Snail may disclose your personal information to:
i. any business that supports Rogue Snails’ products or services, including any person that hosts or maintains any underlying IT system or data center that Rogue Snail use to provide the Program, Website, or Services, or to process payments, or to fulfill currency orders;
ii. its professional advisers e.g. accountants, lawyers, auditors; and
iii. any other person authorized by you;
c. Your personal information may be viewable by other game players or the public in general if you use certain features in RHL (e.g. making your Virtual Item stash public, engaging in a trade) or make Communications in forums and community servers.
d. If you choose to log in with or link to your Member Account on a third party website or service, the third party site or service will have access to certain information from your Member Account. These third-party sites and services have their own privacy policies, and you may be giving them permission to use your data in ways we would not. We suggest you review the privacy policy for any third-party site or service before using or allowing access to your Member Account.
e. Rogue Snail may disclose research and statistical analysis (on an anonymized basis) derived from your personal information to third parties (see more in the Statistics section of this privacy notice below).
f. Rogue Snail also may disclose information it holds about you without your prior permission if Rogue Snail reasonably believes that such disclosure is necessary:
i. to meet legal requirements;
ii. to comply with legal process or help to maintain the law;
iii. to protect Rogue Snail' rights or property or that of Rogue Snail' related companies;
iv. to enforce these Terms of Use or any other agreement that Rogue Snail may have with you.
v. for Rogue Snail' other legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
6. Statistics: Rogue Snail may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Program, Website or Services and their usage of any of the Program, Website or Services.
7. Protecting your personal information: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Rogue Snail will take reasonable steps to keep your personal information safe from loss, unauthorized activity or other misuse. Rogue Snail implements appropriate technical and organizational measures to ensure a level of security appropriate to the risks inherent in processing personal information. You can play an important role in keeping your personal data secure by maintaining the confidentiality of any password and accounts used in relation to the Program, Website and Services, including using a unique password that you do not use on any third-party websites or related services. Please do not disclose your Member Account password to third parties. Please notify Rogue Snail immediately if there is any unauthorized use of your account or any other breach of security.
8. Internet use: While Rogue Snail takes reasonable steps to maintain secure internet connections, if you provide Rogue Snail with personal information over the internet, the provision of that information is at your own risk. If you post your personal information on the Website's public pages or make yourself identifiable using the chat you acknowledge that the information you post is publicly available. If you follow a link on the Website to another website, the owner of that website will have its own privacy notice relating to your personal information that you should review before you provide any personal information.
9. Accessing and correcting your personal information: Subject to certain grounds for refusal set out in any applicable law, you are entitled to access any information which Rogue Snail may hold about you and Rogue Snail is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Rogue Snail to correct any inaccuracies in any information which Rogue Snail holds about you and, as provided in the applicable law, to exclude your information.
10. Contact us: If you have any questions about this privacy notice, Rogue Snail' privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact Rogue Snail here: support@roguesnail.com.
RELIC HUNTERS LEGEND – COOKIES NOTICE
1. Cookies notice: This Cookies Notice forms part of Rogue Snail’ Terms of Use.
2. Use of cookies: Rogue Snail may place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Rogue Snail to recognize you whenever you access the Website and therefore better personalize your access of and use of the Program, Website and Services. A cookie does not identify you personally, but it does identify your computer. Rogue Snail uses cookies for the following purposes:
a. a login cookie, which tells Rogue Snail which Member Account you are currently logged in to the Website with; and
b. a language cookie, which tells Rogue Snail what language you have set the Website to.
Rogue Snail’ partners, Youtube and Twitch, may also place cookies on your computer when you view Twitch streams of RHL gameplay embedded on the Website or Youtube videos embedded on the Website. Youtube’s privacy policy is available at: https://policies.google.com/privacy and its cookies policy is available at: https://policies.google.com/technologies/cookies. Twitch’s privacy policy is available at: https://www.twitch.tv/p/legal/privacy-policy/ and its cookie policy is available at: https://www.twitch.tv/p/legal/cookie-policy.
Rogue Snail also uses Google Analytics to analyze your use of the Website and to analyze the demographics (on an aggregated and anonymous basis) of users of the Website. If you would like to customize or opt out of these settings please visit: https://tools.google.com/dlpage/gaoptout. Information about Google’s cookies is available from: https://www.google.com.au/policies/technologies/types. Google’s privacy policy relating to its cookies is available at https://www.google.com/policies/privacy/partners/.
3. Control and deletion of cookies: You can control and/or delete cookies as you wish. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note, however, that if you do not allow the use of cookies or do not wish to provide certain information to Rogue Snail, you may not be able to take full advantage of the Program, Website and Services. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.
GEARBOX TERMS OF SERVICE
GEARBOX SOFTWARE, 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 SOFTWARE, 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 Software, LLC (the “Company”), which reserves all rights.
The Terms and Conditions herein are in addition to and supplement the terms governing use of all software 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 software, 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 software 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, software 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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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.gearboxsoftware.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@gearboxsoftware.com as well as by U.S. Mail to Gearbox Software, 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@gearboxsoftware.com as well as by U.S. Mail to Gearbox Software, 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@gearboxsoftware.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.gearboxsoftware.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 Software, 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@gearboxsoftware.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.
GEARBOX PRIVACY POLICY
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.
Categories of Personal Information Sources Purposes for Collection Categories of Third Parties Information is Disclosed to for a Business Purpose
Personal Identifiers, such as your account name, SHiFT ID, name, email address, phone numbers, social media handles • 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 • Provide our Online Services
• Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, Surveys • 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 • You, both directly and through your use of our Online Services
• Our third-party providers
• Our affiliates and business partners • Make sure you are of an appropriate age to play our games
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, Surveys • Data Analytics providers
• Service Providers
Commercial Information, such as your order details/history, subscriptions, refunds, payments, shipping details • You, both directly and through your use of our Online Services
• Our third-party providers
• Our affiliates and business partners • Fulfill orders
• Communicate with you
• Customer service
• Marketing • Service Providers
• Data analytics providers
• Advertising networks
Activity Information, such as your region, activity log, cookies, operating systems and versions, forum content • You, both directly and through your use of our games and services
• Our third-party providers
• Our affiliates and business partners
• Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Other forum users
Inferences about a Person, such as your reputation, experience • 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 • Communicate with you
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Advertising networks
Geolocation Data, such as your geolocation based on IP address, IP address • You, both directly and through your use of our games and services
• Our third-party service providers
• Our affiliates and business partners • Provide our Online Services
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Advertising networks
Customer Service, such as your account restriction history, case details, complaints and penalty histories, issue raised • You, both directly and through your use of our games and services • Communicate with you
• Customer service
• Personalize and improve your experience on our Online Services
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
Tournament/Match Data, such as your match details, team profile, performance stats, tournament details, player handle • You, both directly and through your use of our games and services
• Third-party service providers
• Our affiliates and business partners • Provide our Online Services
• Game rankings; leaderboards
• Newsletters, Marketing, and Surveys • Service Providers
• Data analytics providers
• Other users
Game Data, such as your purchased items in game, unlocks, social, progression • You, both directly and through your use of our games and services
• Third-party service providers • Provide our Online Services
• Customer service
• Personalize and improve your experience on our systems and websites
• Newsletters, Marketing, and Surveys • 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.
RELIC HUNTERS LEGEND - TERMS OF USE
1. Application of Terms of Use: Welcome to ROGUE SNAIL CRIAÇÃO DE JOGOS LTDA ME ("Rogue Snail") “Relic Hunters Legend” online game ("RHL"). These terms of use ("Terms of Use") apply to your use of the RHL software, documentation and any associated materials comprising or made available to you in relation to RHL (the "Program"), the website ("Website") at https://www.relichunters.com/ (or such other URL as the Website may subsequently be hosted at), as well as any services (including, without limitation, any Program APIs (as defined in clause 15) offered or provided by Rogue Snail or its nominated third parties in relation to RHL (the "Services"). These Terms of Use incorporate and must be read in conjunction with our Privacy Notice and Cookies Notice. By making use of any of the Program, Website and Services, you are deemed to have read and agree to be bound by these Terms of Use, our Privacy Notice and our Cookies Notice. If you do not agree to these Terms of Use, our Privacy Notice or our Cookies Notice, you are not authorized to access and use the Program, Website and Services, and you must immediately stop doing so. Rogue Snail reserves the right to amend these Terms of Use and the License from time to time upon placing any such amendments on the Program the Website or by providing you direct notice of any such changes. Your continued use of any of the Program, Website and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.
2. Age restriction: If you are under the age of majority in your jurisdiction or eighteen (18) years of age, whichever is older, please ask your parent or guardian to read and accept this agreement on your behalf. RHL rating is still pending and if you are under 18 years you must have your parent or legal guardian consent to your use of RHL.
3. License: Rogue Snail grants you a non-exclusive, personal, non-transferable, limited right and license ("License") to install and use one copy of this Program (RHL) solely for your non-commercial use, and making use of the Program, Website and Services (or any parts of such as Rogue Snail may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, any rights you may have in respect of any elements or aspects of RHL (including without limitation in respect of the in-game characters and Virtual Items) are strictly limited to a personal 'license to use' such as part of the License and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Rogue Snail or any behavior which Rogue Snail deems in its sole discretion is not in keeping with the intended spirit of participation in RHL, immediately terminates the License, or such aspect of the License as Rogue Snail may otherwise provide you notice of. Termination of the License, or any aspect of the License, by Rogue Snail may without limitation also result in the taking of any of the further actions described in clause 14.
4. Rights: Unless otherwise stated in these Terms of Use, Rogue Snail is the owner or licensee of all rights including all copyright, trademarks and other intellectual property rights relating to or included within the Program, Website and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, music, sound effects, text, images and all other elements included in and deriving from the gameplay and virtual world featured in RHL, including without limitation in-game names, characters, locations and any virtual items ("Virtual Items") and their associated benefits or properties acquired or provided for use within RHL. Rogue Snail at all times retains the right to deal with the Rights as Rogue Snail at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Program (including without limitation the Virtual Items), Website and Services.
5. Restrictions: Under no circumstances, without the prior written approval of Rogue Snail, may you:
a. Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Program, Website or Services other than in accordance with the License.
b. Modify or adapt (including through third parties and third-party tools) the game client or its data, other than in the normal course of RHL gameplay as permitted in accordance with the License.
c. Utilize any automated software or 'bots' in relation to your access or use of the Program, Website or Services.
d. Knowingly perform any actions that may cause the computers used to support the Program, Website and Services (the "Servers") to become overloaded or crash.
e. Connect to the Servers through any software other than the authorized game client software.
f. Use any data gathering and extraction tools or software to extract information from the Program, Website and Services or utilize framing techniques to enclose any of the contents of the Program, Website and Services.
g. Use any meta tags or other hidden text which incorporate Rogue Snail’ name or any of its intellectual property including trademarks.
h. Perform in-game services during your use of the Program, Website or Services for any form of compensation outside of RHL.
i. Reverse engineer, de-compile or disassemble the Program, Website or Services or seek to establish the technical processes, operations and communication protocols of the Program, Website or Services through any means, including without limitation by reference to the input or output of the Program, Website or Services or the internal structure and workings of the Program, Website or Services.
VIOLATION OF THESE LICENSE RESTRICTIONS BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT MAY RESULT IN A SUSPENSION OR BAN, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO ROGUE SNAIL.
6. User Generated Content: We encourage our end users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our community (herein “User Generated Content”) as an exception to 6.a. We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv, subject to your compliance with any further obligations imposed by the applicable sites you wish to make the gameplay available through —for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”. We only ask that, as a courtesy, you send us a note or @ us in a tweet to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our RHL. By sharing your User Generated Content, you grant Rogue Snail an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with Rogue Snails´s Services, Website and Program. Notwithstanding the foregoing, you agree that on request from Rogue Snail you will immediately arrange for the removal from or alteration of any User Generated Content, that violates Rogue Snail Code of Conduct included on any such social media video streaming services and further agree that you will not pursue Rogue Snail for any actual or potential loss you may suffer in such regard.
7. Indemnity: You agree to fully indemnify Rogue Snail for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the License and your use or any third-party use of any User Generated Content created by you including, in respect of any third-party claims against Rogue Snail, its related parties, employees, contractors or agents.
8. Communication Policy: The Rogue Snail´s Services may contain communication tools such as chat areas, forums, groups, communities, and others where enabling you to make post, comments, statements or any messages you send to other users of the Program, Website and Services (including as part of the RHL gameplay) including any images you make available by any manner whether facilitated or otherwise allowable by the Program, Website and Services (“Communications”):
a. All Communications made by you must represent your genuine opinion of the matter in question;
b. All rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any images you post as part of the Communications must belong to you or you must have the right to make the images available in relation to the Program, Website and Services in accordance with this Communication Policy;
c. Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Rogue Snail in its sole discretion, or Images otherwise in contravention of any law or court order, are not permitted;
d. Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Rogue Snail in its sole discretion, or Communications otherwise in contravention of any law or court order, are not permitted;
e. Communications advertising or promoting any person or entity or their goods or services without the prior written approval of Rogue Snail are not permitted;
f. You grant Rogue Snail a perpetual, non-revocable royalty-free license to:
i. make use of any Communications as Rogue Snail deems appropriate in relation to any of the Program, Website and Services or the promotion of the same; and
ii. sub-license third parties, on such terms as Rogue Snail deems appropriate, to make use of any Communications as Rogue Snail deems appropriate in relation to any of the Program, Website and Services or the promotion of the same;
g. Rogue Snail reserves the right without notice, explanation or liability to:
i. restrict or remove your ability to make Communications and/or trade Virtual Items;
ii. disallow the posting of any specific Communication;
iii. edit any specific Communication; and
iv. completely remove any Communications from the Website or anywhere else related to the Program and Services (including as part of the RHL gameplay) where they appear or are stored; and
h. You agree to indemnify Rogue Snail on demand for any loss or costs of whatever nature suffered by Rogue Snail whether direct or consequential as a result of any breach by you of clauses 8(a)-(e).
9. Content: While Rogue Snail has endeavored to take all reasonable and appropriate care in the preparation of the content of the Program, Website and Services and has no reason to believe that any information contained therein is inaccurate or that any Communications are in contravention of the Communication Policy, Rogue Snail does not warrant the accuracy, adequacy, or completeness of any of those information and that such information is error free or that any Communications are not in contravention of the Communication Policy . Rogue Snail does not undertake to keep any of the Program, Website or Services updated. To the greatest extent permitted by law Rogue Snail does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Program, Website or Services or in relation to any Communications, including without limitation where such loss or damage is a result of or contributed to by the negligence of Rogue Snail.
10. Linked Websites: The Program, Website or Services may contain links to other websites not controlled by Rogue Snail ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. Rogue Snail is not responsible for the content or privacy practices associated with Linked Websites. Rogue Snail’ links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use. Rogue Snail recommends that you read Linked Websites’ privacy policies before you provide personal information on any Linked Website.
11. Account Registration: To acquire or make full use of any of the Program. Website and Services you will need to register for a Rogue Snail member account (“Member Account”), either directly with Rogue Snail or through any publisher/distributor arranged by Rogue Snail (currently “Shift”) and in this case you must, in addition to this Terms of Use, review and accept the publisher/distributor own terms of use and code of conduct. If you do choose to register for a Member Account you warrant that all information and personal details you provide to Rogue Snail are correct. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.
12. Usernames: Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Program, Website and Services, may be viewable by other users of any of the Program, Website and Services as applicable and you warrant that any such username or other identifier will not:
a. infringe the rights of whatever nature of any third-party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and
b. contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Rogue Snail in its sole discretion or otherwise be in contravention of any law or court order.
13. Confidentiality of Passwords: You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third-party or allow a third-party access to your Member Account without first obtaining Rogue Snail’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Rogue Snail immediately if you know or suspect that your Member Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.
14. Cancellation of Membership: Rogue Snail reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, Rogue Snail also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Virtual Items, if it believes you have breached these Terms of Use or any other agreements you may have with Rogue Snail, if you have engaged in behavior which Rogue Snail deems in its sole discretion is not in keeping with the intended spirit of participation in RHL or for any other reason whatsoever. In such event you agree that Rogue Snail will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to Rogue Snail. Rogue Snail may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.
15. Program APIs: Rogue Snail may, from time to time, make available application programming interfaces to enable third-party sites and services to access certain in-game data via the internet (“Program APIs”). Rogue Snail may modify, add, remove, replace or upgrade any or all of its Program APIs (including the data fields of those Program APIs) at any time at its discretion. You must comply with Rogue Snail’ technical documentation and policies (as published and as updated on the Program, Website and Services from time to time or as otherwise notified to you by Rogue Snail) regarding use of the Program APIs (“API Policies”). Without limiting the foregoing, you must comply with the Program API call limits set out in the API Policies or as otherwise notified to you by Rogue Snail, and not attempt to circumvent those limits.
16. Virtual Item Trading: Subject to the remainder of these Terms of Use, you may trade Virtual Items with other game players for your own personal and non-commercial purposes using the in-game trading mechanisms provided by Rogue Snail and through use of official Rogue Snail Program APIs. You agree that to the greatest extent permissible at law Rogue Snail will have no liability to you of any nature arising out of or in connection with any trade or inability to trade.
17. Links: If you provide a link to the Website you agree that you will not use any Rogue Snail logo, trade mark or other proprietary graphic as part of such link without the express prior approval of Rogue Snail.
18. Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general RHL gameplay) relating to you or your use of any of the Program, Website and Services held by Rogue Snail or any third-party on behalf of Rogue Snail is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Rogue Snail in its sole discretion, you agree that to the greatest extent permissible at law Rogue Snail will have no liability to you of any nature relating to any such information or data.
19. Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Program, Website and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Rogue Snail does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Program, Website and Services.
20. Support: Rogue Snail reserves the right to make support services available in relation to any of the Program, Website and Services on such terms and conditions as Rogue Snail at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Rogue Snail at its sole discretion deems appropriate.
21. Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of the Program, Website and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
22. Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will Rogue Snail, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third-party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of any of the Program, Website and Services, including without limitation in relation to any Communications or any breach by you of the Communication Policy, or in respect of any failure or omission on the part of Rogue Snail to comply with its obligations as set out in these Terms of Use.
23. Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Rogue Snail becomes liable for any loss or damage that would otherwise have been excluded, Rogue Snail’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Program, Website and Services is to be limited to USD50(fifty American Dollar).
24. Jurisdiction: The provision and use of the Program, Website and Services is governed by and is to be interpreted in accordance with the laws of Brazil and subject to clause 25, in all matters relating to or arising from your access and use of any of the Program, Website and Services, you agree to submit to the exclusive jurisdiction of the Courts of Brazil. If you are accessing or making use of any of the Program, Website and Services from outside of Brazil, then you agree that you are entirely responsible for ensuring that your access and use of any of the Program, Website and Services will not contravene any laws in your country.
25. Disputes: In the event that you have a dispute in respect of, relating to or arising from any of the Program, Website and Services you must immediately notify Rogue Snail in writing giving details of the dispute. If Rogue Snail and yourself cannot resolve the dispute within fifteen (15) days of receipt by Rogue Snail of such notice then to the greatest extent permitted by law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Rogue Snail or, failing agreement, appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) at the request of either you or Rogue Snail. If the matter is not resolved by mediation within fifteen (15) days from there, the matter will be submitted for arbitration by a single arbitrator agreed to by both yourself and Rogue Snail or, failing agreement, to be appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) at the request of either you or Rogue Snail. Unless agreed otherwise by Rogue Snail, all such mediation and arbitration proceedings shall take place at a venue in Brazil to be chosen by Rogue Snail acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator as applicable or agreed otherwise by the parties.
26. Failure to Comply: Rogue Snail accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
27. Waiver: If Rogue Snail waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
28. Severability: If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.
29. Entire Agreement: These Terms of Use constitute the entire agreement between you and Rogue Snail in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.
30. Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us via email support@roguesnail.com.
RELIC HUNTERS LEGEND – PRIVACY NOTICE
1. Introduction: Rogue Snail complies with the Brazilian Data Protection General Act (Lei 13.709/2018) when dealing with personal information. Personal information is information about an identifiable individual (a natural person). This privacy notice forms sets out how Rogue Snail will treat your personal information.
2. Personal Data Treatments: You hereby expressly and irrevocably agrees and authorizes Rogue Snail to proceed the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, disposal, evaluation or control of information, modification, communication, transfer, dissemination or extraction of your personal data furnished by you while registering a Member Account, accessing, using, and in any way interacting with the Website, the Program and the Services, including (i) your email address; (ii) user name and password; (iii) character names and gameplay information; (iv) any Communications; (v) your credited name (if any); (vi) ‘crash reports’ in the event that a RHL software crash occurs, which may include details of your Member Account, a portion of the memory state of the RHL game when the crash occurred and the game settings you were using; (vii) and the IP address of your machine when connected to the internet, the operating system and the browser your computer uses and any search engine you are using, the date and time you are visiting, the URLs of the Website pages you visit and any telemetry details (such as speed of your connection and how well RHL game client is running) associated with your access and use of RHL.
3. Rogue Snail may also collect:
a. information collected from third parties when you link your Member Account with an approved third-party account (currently Steam and Shift,), where you have authorized this or where the information is publicly available; and
b. information collected through our use of cookies or similar technologies. Please refer to Rogue Snails’ Cookies Notice for further information, including information on how you can disable these technologies.
4. Use of Information:
a. Rogue Snail uses the information provided by you:
i. to provide the Program, Website and Services to you;
ii. to verify your identity and verify that your Member Account is not being used by others;
iii. to fulfill any orders for in game currency (when available) ordered through the Program;
iv. to market products and services to you, including contacting you via email that you may choose (or opt in) to receive. You can stop receiving Rogue Snail’s promotional emails by following the unsubscribe instructions included in those emails; and
v. to respond to communications from you.
b. Rogue Snail uses the information generated by your access or use of the Program, Website or Services:
i. to monitor the performance of the Program, Website and Services and ensure that the Program, Website and Services perform in the best manner possible;
ii. for security and system integrity purposes; and
iii. to conduct research and statistical analysis (on an anonymized basis) (see more in the Statistics section of this privacy notice below);
c. Rogue Snail may also use your personal information:
i. to protect and/or enforce Rogue Snail’s legal rights and interests, including defending any claim;
ii. for any other purpose authorized by you, the Act or other applicable law;
iii. to respond to lawful requests by public authorities, including to meet law enforcement requirements; and
iv. where this is necessary for Rogue Snail’s legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
Rogue Snail does not use personal information to make any automated decisions – automated processes do monitor gameplay to identify cheating and fraud but human intervention is applied in the decision-making process. Information is gathered transiently for these purposes but is not stored.
5. Disclosing Information:
a. Rogue Snail does not sell your personal data to third parties or provide such data to direct marketing companies or other such organizations without your prior consent.
b. Rogue Snail may disclose your personal information to:
i. any business that supports Rogue Snails’ products or services, including any person that hosts or maintains any underlying IT system or data center that Rogue Snail use to provide the Program, Website, or Services, or to process payments, or to fulfill currency orders;
ii. its professional advisers e.g. accountants, lawyers, auditors; and
iii. any other person authorized by you;
c. Your personal information may be viewable by other game players or the public in general if you use certain features in RHL (e.g. making your Virtual Item stash public, engaging in a trade) or make Communications in forums and community servers.
d. If you choose to log in with or link to your Member Account on a third party website or service, the third party site or service will have access to certain information from your Member Account. These third-party sites and services have their own privacy policies, and you may be giving them permission to use your data in ways we would not. We suggest you review the privacy policy for any third-party site or service before using or allowing access to your Member Account.
e. Rogue Snail may disclose research and statistical analysis (on an anonymized basis) derived from your personal information to third parties (see more in the Statistics section of this privacy notice below).
f. Rogue Snail also may disclose information it holds about you without your prior permission if Rogue Snail reasonably believes that such disclosure is necessary:
i. to meet legal requirements;
ii. to comply with legal process or help to maintain the law;
iii. to protect Rogue Snail' rights or property or that of Rogue Snail' related companies;
iv. to enforce these Terms of Use or any other agreement that Rogue Snail may have with you.
v. for Rogue Snail' other legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
6. Statistics: Rogue Snail may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Program, Website or Services and their usage of any of the Program, Website or Services.
7. Protecting your personal information: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Rogue Snail will take reasonable steps to keep your personal information safe from loss, unauthorized activity or other misuse. Rogue Snail implements appropriate technical and organizational measures to ensure a level of security appropriate to the risks inherent in processing personal information. You can play an important role in keeping your personal data secure by maintaining the confidentiality of any password and accounts used in relation to the Program, Website and Services, including using a unique password that you do not use on any third-party websites or related services. Please do not disclose your Member Account password to third parties. Please notify Rogue Snail immediately if there is any unauthorized use of your account or any other breach of security.
8. Internet use: While Rogue Snail takes reasonable steps to maintain secure internet connections, if you provide Rogue Snail with personal information over the internet, the provision of that information is at your own risk. If you post your personal information on the Website's public pages or make yourself identifiable using the chat you acknowledge that the information you post is publicly available. If you follow a link on the Website to another website, the owner of that website will have its own privacy notice relating to your personal information that you should review before you provide any personal information.
9. Accessing and correcting your personal information: Subject to certain grounds for refusal set out in any applicable law, you are entitled to access any information which Rogue Snail may hold about you and Rogue Snail is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Rogue Snail to correct any inaccuracies in any information which Rogue Snail holds about you and, as provided in the applicable law, to exclude your information.
10. Contact us: If you have any questions about this privacy notice, Rogue Snail' privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact Rogue Snail here: support@roguesnail.com.
RELIC HUNTERS LEGEND – COOKIES NOTICE
1. Cookies notice: This Cookies Notice forms part of Rogue Snail’ Terms of Use.
2. Use of cookies: Rogue Snail may place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Rogue Snail to recognize you whenever you access the Website and therefore better personalize your access of and use of the Program, Website and Services. A cookie does not identify you personally, but it does identify your computer. Rogue Snail uses cookies for the following purposes:
a. a login cookie, which tells Rogue Snail which Member Account you are currently logged in to the Website with; and
b. a language cookie, which tells Rogue Snail what language you have set the Website to.
Rogue Snail’ partners, Youtube and Twitch, may also place cookies on your computer when you view Twitch streams of RHL gameplay embedded on the Website or Youtube videos embedded on the Website. Youtube’s privacy policy is available at: https://policies.google.com/privacy and its cookies policy is available at: https://policies.google.com/technologies/cookies. Twitch’s privacy policy is available at: https://www.twitch.tv/p/legal/privacy-policy/ and its cookie policy is available at: https://www.twitch.tv/p/legal/cookie-policy.
Rogue Snail also uses Google Analytics to analyze your use of the Website and to analyze the demographics (on an aggregated and anonymous basis) of users of the Website. If you would like to customize or opt out of these settings please visit: https://tools.google.com/dlpage/gaoptout. Information about Google’s cookies is available from: https://www.google.com.au/policies/technologies/types. Google’s privacy policy relating to its cookies is available at https://www.google.com/policies/privacy/partners/.
3. Control and deletion of cookies: You can control and/or delete cookies as you wish. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note, however, that if you do not allow the use of cookies or do not wish to provide certain information to Rogue Snail, you may not be able to take full advantage of the Program, Website and Services. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.