This Policy describes the types of information we collect through the Services, how that information may be used and/or with whom it may be shared; and how you can reach us to update your contact information, access and control the use of the information we may collect in connection with our marketing communications and activities or get answers to questions you may have about our privacy practices on these Services. Please read this Policy carefully, because by using the Services you are acknowledging that you understand and agree to the terms of this Policy. In addition, please review our Terms of Service which govern your use of the Services and any content you submit to the Services.
What is Personal Information?
As used herein, the term “Personal Information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number), or information about that individual that is directly linked to personally identifiable information. Personal Information does not include “aggregate information”, which is data we collect about the use of the Services or about a group or category of services or users from which individual identities or other Personal Information has been removed. Personal Information also does not include Usage Information (as defined below) or Device Identifier (as defined below) that is not connected to Personal Information. This Policy in no way restricts or limits our collection and use of aggregate or Usage Information that is not connected to Personal Information.
Information Collected on Our Services
Information You Provide To Us
You may choose to provide Personal Information through the Services. The Company will collect Personal Information when you register on the Services, create a new user account, request information, submit comments or participate in some promotion, survey or other feature of the Services, or otherwise communicate or interact with us. Personal Information required to create a new user account includes your name, date of birth, gender, and email address. A credit card number may be required to purchase products or subscriptions. In addition, for some feature of the Services, you may be able to submit Personal Information about other people. For instance, if you wish to invite a friend to join the Services you may submit some of your friend’s Personal Information. The Company will use any information that we collect from you about another person to carry out your request. The Company may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences, product use, and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. If you do not want your Personal Information collected, please do not submit it.
Information Collected by Automated Means
Whenever you visit or interact with the Services, the Company, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Services are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, how many users visited the Services, and the preceding page views. This statistical data provides us with information about the use of the Services, such as how many visitors visit a specific page on the Services, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us to keep the Services fresh and interesting to our visitors and to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if the Company associates it with you as a specific and identifiable person, the Company treats it as Personal Information.
In the course of collecting Usage Information, the Company also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Services. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. When you visit the Services, we may view your Device Identifier. We use this information to determine the general physical location of your Device and understand from what regions of the world the visitors to the Services come. We also may use this information to enhance the Services.
The technologies used on the Services to collect Usage Information, including Device Identifiers, may include, without limitation:
Cookies. Like many companies, we use “cookies” on the Services. Cookies are data files placed on a Device when it is used to visit the Services. The Company, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to tell us whether you have visited the Services before, if you are a new visitor or to otherwise facilitate site navigation, and to personalize your experience while visiting our Services. Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Services and pages visited. Cookies also allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. Cookies may enhance your online experience by saving your preferences while you are visiting a particular Service. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies. However, please be aware that if you disable or reject cookies, some features and services on our Services may not work properly because we may not be able to recognize and associate you with your profile. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Web Beacons. Certain pages on the Services may contain “web beacons” (also known as Internet tags, pixel tags, tracking beacons and clear GIFs). A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.
Information We Receive from Third Parties
We may receive information about you from third parties. For example, if you are on another web site and you opt-in to receive information from the Company, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in one of our applications or features on third party site (such as one of our Facebook applications) through which you allow us to collect and share (or the third party to collect and share) information about you, including Personal Information. If you access the Services through a third-party connection or log-in, we may also collect your user ID and/or username associated with that third-party service, and any information you have made public in connection with that service or which the third party shares with partner services. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” webpage, profile page, or similar page on a social networking or other third party website or interactive service. The collection and use of this information is pursuant to such third party’s information collection practices, which are typically outlined in a policy like this one, provided on the third party’s website or application.
We also may supplement the information we collect about you through the Services with other information from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Services. In those cases, we will apply this Policy to any Personal Information received, unless we have disclosed otherwise.
How We Use the Information Collected
We use Personal Information we collect through the Services for the purposes described in this Policy or elsewhere on the Services. For example, we may use Personal Information and other information we collect:
to provide the services, products, or information you request and to process and complete any transactions in connection therewith;
to request feedback and to otherwise contact you about your account or your use of the Services;
to communicate with you and respond to your emails, submissions, questions, inquiries, comments, requests, and complaints and to provide customer service;
to personalize and improve the Services and users’ experiences, to increase the functionality and user friendliness of the Services, to deliver advertisements, content, or features that match user profiles or interests, and to provide recommendations as to other advertisements, content or features that may be of interest to users;
to monitor and analyze Services usage and trends and otherwise measure the effectiveness of the Services;
to provide you with news and information about our or third party offers, promotions, products, and services we think will be of interest to you;
to send you confirmations, updates, security alerts, and support and administrative messages, to detect and prevent fraud, and to otherwise facilitate your use of, and our administration and operation of, the Services;
to notify you about important changes to our Services;
to process credit card payments,
to conduct surveys and to notify and contact contest and sweepstakes entrants; and
for any other purpose for which the information was collected.
What Personal Information do we share with third parties?
We will not share the Personal Information we collect from you through the Services with third parties, except as described in this Policy or in the Services. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Policy, and in the following circumstances:
Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the Services, and to respond to your inquiries, we may share your Personal Information or Usage Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: host or operate our Services; analyze data; provide customer service; mail products or manage payments; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as a winners list)
Business Transfers. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates and other entities in the family of companies controlled by the Company for internal reasons, primarily for business, marketing and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or a portion of our assets, Personal Information, Usage Information, and any other information that we have collected about the users of the Services may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use information you have provided through the Services in a manner that is consistent with this Policy. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Legal Disclosure. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Service or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Services or the public.
Your California Privacy Rights
If you are a California resident and you decide that you do not want us to share your Personal Information with third party companies for their marketing and promotional purposes, please send an e-mail to email@example.com. In this e-mail, state that you would like the Company not to share your Personal Information with third parties for their marketing purposes. Your opt out request will be processed within thirty (30) days of the date of which we receive it.
Your Access and Choices
Through your account, you can access, edit or delete your registration information.
You may always direct us not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications by sending us an e-mail at firstname.lastname@example.org; or (ii) by following the removal instructions in the communication that you receive. The Company does not charge for this service, and your opt-out request will be processed within 30 days of the date on which we receive it. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.
In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Services. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Public Venues of the Services
If you use the message board, comment functions, or other public venues of the Services, you will be identified on those venues by the name you submit. If you access the public venues of Services through a social networking site or application, we may post your profile information as allowed by the social networking site. Because the name you choose, or your profile information from a third party social networking site, may be posted on a public venue, please use caution when choosing your name or providing profile information.
Information you provide on message boards or other public venues may also be viewable by the general internet public. We cannot be responsible for any Personal Information you choose to post on public venues and we recommend careful consideration before you post such information. You agree that you will not disclose Personal Information relating to any other person in a public area of the Services without that person’s express consent.
Advertising; How To Opt-Out
The Company may license technology to serve advertisements on its own Services and within its content as that content is served across the Internet. In addition, we may use third party network advertisers to serve advertisements and third party analytics vendors to evaluate and provide us with information about the use of the Services and viewing of our content. We do not share Personal Information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information.We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Services and other web sites. We may use a variety of companies to serve advertisements.
If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
Links to Other Sites
The Services may provide links to other websites that we do not own or operate. This includes links from advertisers, sponsors and partners who may use our logo(s) as part of a co-branding agreement. To the extent that any linked websites are not part of the Services, we do not control, recommend or endorse and are not responsible for these websites or their content, products, services or privacy policies or practices. These other websites may send their own cookies to your Device, may independently collect data or solicit Personal Information, and may have their own privacy notices or policies. You should also independently assess the authenticity of any website which appears or claims that it is one of our Services (including those linked to through an email or social networking page).
How We Protect Personal Information
We maintain certain administrative, technical and physical safeguards to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk. To protect the confidentiality of Personal Information maintained in your profile, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Services by any person using your password. Please advise us immediately if you believe your password has been misused.
Consent to Processing and Transfer of Information.
The Services are operated in the United States. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.
The Services are not directed to children under 18. We do not knowingly collect personally identifiable information from anyone under 18 years of age. If we determine upon collection that a use is under this age, we will not use or maintain his/her Personal Information without the parent/guardian consent.
This Policy and other information on the Services may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the posting of the revised Policy on the Services. However, we will use your Personal Information in a manner consistent with the Policy in effect at the time you submitted the information, unless you consent to the new or revised notice. We will post a prominent notice on the Services to notify you of any significant changes to our Policy and indicate at the top of the notice when it was most recently updated.
How to Contact Us
If you have any questions or comments about this Policy, please contact us at email@example.com.
This software product and the manual are copyrighted. All rights are reserved by Phantom EFX and are protected by the copyright laws that pertain to computer software. You may not loan, sell, rent, lease, give, sub license, or otherwise transfer the software (or any copy). You may not modify, adapt, translate, create derivative works, decompile, disassemble, or otherwise reverse engineer or derive source code from, all or any portion of the software or anything incorporated therein or permit or encourage any third party to do so.
Software use Limitations:
This game or product (the “software”) is intended solely for your personal non-commercial home entertainment use. You may not modify, adapt, translate, create derivative works, decompile, disassemble, or otherwise reverse engineer the software, except as permitted by law. Phantom EFX retains all right, title and interest in the Software including all intellectual property rights embodied therein and derivatives thereof. The software, including, without limitation, all code, data structures, characters, images, sounds, text, screens, game play, derivative works and all other elements of the software may not be copied, resold, rented, leased, distributed (electronically or otherwise), used on pay-per play, coin-operated, or other for-charge basis, or for any commercial purpose. Any permission granted herein is provided on a temporary basis and can be withdrawn by Phantom EFX at any time. All rights not expressly granted are reserved.
Acceptance of License Terms:
By acquiring and retaining this software, you ascend to the terms and restrictions of the limited license. If you do not accept the terms of this limited license, you must return the software together with all packaging, manuals and other material contained therein to the store where you acquired the software.
All product and game names are trademarks and registered trademarks of Phantom EFX, LLC. or WMS Gaming Inc. ® 2012 WMS Gaming Inc. All rights reserved. Developed, Published & Distributed by Phantom EFXTM All rights reserved.
This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and Williams Interactive LLC and its affiliates, web site developers, and other promotional partners. (“the Company”, “we”, or “us”). This Agreement governs your access and use of the web pages, interactive features, applications, widgets, blogs and their respective contents at www.phantomefx.com; the Company’s pages or applications on Facebook or other social networking sites; and the Company’s mobile applications and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services
We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.
II. Connectivity, Communications, Privacy
You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Company’s mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. the Company is 3-26-13not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
You expressly agree that, as part of the Services, you will receive communications by text message and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by emailing your request to opt out, along with your cell phone number to firstname.lastname@example.org or by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding “stop” to any promotional text received. You may not opt out of service related emails.
III. Copyright; Trademarks
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, PHANTOM EFX, the PHANTOM EFX design mark, and any marks associated with any products available on the Service) are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company. The Company will enforce its intellectual property rights to the fullest extent of the law.
IV. User Content and Conduct
Where applicable at the Services (e.g., on message boards, and/or comments on the PhantomEFX.com blog), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Service user or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. THE COMPANY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content at the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) “stalk” or otherwise harass another;
(l) collect or store personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. the Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Service users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Service users. The Company reserves the right to terminate your Services access if the Company determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to the Company shall become the property of the Company. The Company will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
V. Links; Third Party Websites
Links on the Services to third party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that the Company and its Affiliated Parties (as defined in Section VI below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that the Company and its Affiliated Parties (as defined in Section VI below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.
The Company is not responsible for any product or service (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
VI. Virtual Goods
The Service may include an opportunity to purchase Virtual Goods (as defined below), using real-world money. Virtual Goods include in-game currency, trophies and other virtual items (“Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Company. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.
Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Service. Doing so is a violation of this Agreement and may result in termination of your account with the Service and/or legal action.
Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
VII. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY, ITS OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”). EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR THIRD PARTY APPLICATIONS OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
IX. Service Usage; Termination of Usage
You are required to establish an account and/or to register on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You will create a username and password while completing the Phantom Online Membership subscription process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. The Company reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
The Company makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Company and its Affiliated Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in the Company’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, Upon termination, all achievements that a user has acquired may, in Company’s sole discretion, be terminated and forfeited. You have no property rights in any achievements. As to Virtual Goods, upon termination, your limited license to those Virtual Goods will be terminated and you will have no further rights associated with the Virtual Goods.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that the Company may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or the Company and its Affiliated Parties.
Sections VI-VIII and XI shall survive any termination of this Agreement.
X. Rules For Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
XII. Applicable Law; Jurisdiction; Dispute Resolution
(a) The Services are controlled and operated by the Company from within the United States of America, and are intended for use only by residents of the United States. The Company makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
XIII. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
XIV. Entire Agreement
The failure of the Company and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XVI. Copyright Policy
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Williams Interactive LLC
3401 N. California
Chicago, IL 60618
XVII. Contact Information
If you have any comments, questions or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at email@example.com or Phantom EFX, LLC, 900 Technology Parkway Suite 300, Cedar Falls, IA 50613. We will address any issue to the best of our abilities as soon as possible.