By registering, you will open an account with Deep Silver in the Unites States. Information that is collected by or sent to Deep Silver may be stored and processed in the United States or any other country in which Deep Silver or its affiliates or subsidiaries maintain facilities.
1. What information does this Privacy Statement cover?
2. What types of information does Deep Silver collect?
We collect several types of personal information about our guests in connection with anyone of the following features or services:
• Website and game-specific registration
• Online store
• Contests, sweepstakes and other promotions
• Newsletter subscription
• General support
• Product support
• Polls, surveys, or questionnaires
• Message boards
• Other features such as e-cards, wish lists, and tell-a-friend
Personal information is information that identifies you and may be used to contact you on-line or off-line. Typically, this information includes:
• Email address
• Telephone number
• Shipping and billing address, and
• For those purchasing products online, credit card information.
For some activities, we may ask you to create a username and password and to provide other non-personal information (known as demographic information) such as your age or date of birth, gender, country and zip code of residence, recent game purchases, game ownership and preferences. This demographic information may be associated with your personal information.
If you wish to subscribe to our newsletter(s), we will use you name and email address to send the newsletter to you. Please see the “Choice and Opt out” section below.
If you choose to use our referral service to “tell a friend” about a Deep Silver product or site, we will ask you for your friend’s name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. Deep Silver stores your friend’s name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.
No matter what method we use to collect information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives.
We reserve the right to conduct statistical analysis of ananymous data sets.
3. Online Chat Rooms and Profiles
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user profiles for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Deep Silver is not responsible for the personally identifiable information you choose to submit in these forums.
4. Cookies and other technologies
Other technologies used include clear GIFs and IP address logging. Clear GIFs (web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs capture statistical usage information for our web pages, features or other elements on a web page.
Deep Silver also maintains log files which contain Internet Protocol (“IP”) addresses.
An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information to our advertisers and to troubleshoot technical problems.
Deep Silver may collect information in the form of logs- files that record website activity and gather statistics about web users browsing habits. Log files are used internally only, and are not associated with any particular user, computer, or browser.
5. What happens if I refuse to provide my personal information to Deep Silver?
If you choose not to submit personal information when requested, you may not be able to participate in certain activities on our Websites and may limit the services we can provide you.
6. What happens to the information provided?
Deep Silver does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Deep Silver’s customer information may be transferred to its successor or assign.
The personal information you provide will allow us to alert you to new products, features and enhancements, special offers; upgrade opportunities, and contests and events of interest.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt-out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly.
7. Where is the information held?
8. Choice and Opt-out
9. Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account
California Residents: Your California Privacy Rights
• Collection, Use, and Disclosure of Information
We allow children to surf the Deep Silver Websites, look at content, and play some games without giving us any personally identifiable information. We do not collect personal information from children unless they register on one of the Deep Silver Websites for access to exclusive content and to receive newsletters regarding upcoming Deep Silver videogame releases.
During registration for the Deep Silver Websites, Deep Silver requests and collects from children their e-mail address and birth date, a parent’s e-mail address, and a member/user name. Birth dates are collected to validate the ages of our users, including children, and we collect a parent’s e-mail address to let parents know that their child has signed up with the Deep Silver Websites, to verify their consent and send future notices about their child’s account. We also collect the child’s e-mail address for the purpose of sending the child e-mail related to their subscription to the Deep Silver Websites and newsletters as mentioned above. We ask that parents set their child’s password, so that the parent has access to their child’s account and personally identifiable information at all times. This password can easily be retrieved or modified by a parent at any time using instructions provided below.
Please note that any sites directed at children under 13 are prohibited by law from conditioning a child’s participation in an online activity on the child’s providing more personal information than is reasonably necessary.
Deep Silver does not sell, market, trade, or otherwise distribute personally identifiable information to third parties outside of our company. We will not use any of the information we collect from any registrant of the Deep Silver Websites for any purpose other than to access the website, e-mailings as described above and for the purposes of contacting the parent. Situations in which we may share a child’s personal information with third parties would include those in which it is reasonably necessary to: protect the security of integrity of the Deep Silver Websites; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies, or for an investigation related to public safety.
• Sweepstakes and Contests
We send parents an e-mail when their child registers to enter a sweepstakes or contest on one of the Deep Silver Websites. We provide parents 48 hours to confirm their child’s registration and entry in the sweepstakes or contest. If a parent does not confirm their child’s registration request in this timeframe, we assume it is not acceptable for the child to enter the sweepstakes or contest, and we will delete their child’s information from our database of entries. Once a parent permits a child to register, the child will be allowed to complete their entry into the sweepstakes or contest. Only enough information as is required to enroll in the sweepstakes or contest will be collected. After the drawing or contest is concluded, we will not retain any additional personally identifiable information collected beyond the information already provided at the time of registration for the Deep Silver Websites. If a child wins a sweepstakes or contest, we notify the parent at the parent’s e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner’s first name, first initial of last name, city, and state of residence on the Deep Silver Websites.
• Parental Consent
We require that parents give us express permission for their child to register with the Deep Silver Websites. Additionally, at any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our database. The parent will need to have their child’s member name and password. If the password has been lost or forgotten, there are instructions on the Deep Silver Account Maintenance for Parents page explaining how to recover or set a new password for access.
• Links to Other Sites
When children click on links from the Deep Silver Websites to other sites, we may open the other sites in a new browser window. We make every effort to only link the Deep Silver Websites to appropriate outside sites for children, and will advise a user when leaving the Deep Silver Websites. Unlike the Deep Silver Websites, however, these outside sites may collect personal information, which is outside of the control of Deep Silver.
• Amendments to this Policy
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
IF YOU BREAK OR VIOLATE ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SITES MAY BE TERMINATED OR SUSPENDED IMMEDIATELY BY DEEP SILVER IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. YOU REPRESENT AND WARRANT THAT YOU ARE EITHER 18 YEARS OLD OR OLDER, OR HAVE OBTAINED EXPRESS CONSENT BY YOUR PARENT OR GUARDIAN.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Deep Silver immediately of any unauthorized use of your account or any other breach of security. Deep Silver will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Deep Silver or another party due to someone else using your account or password.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may not advertise any goods or services on the Sites. Chain letters and pyramid schemes are not allowed. You may not use any of the Sites to collect information about Deep Silver Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Sites, or any games or services offered on the Sites for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at Deep Silver’s discretion.
The communication features provided by Deep Silver including, but not limited to forums, chat rooms and bulletin boards, are free services provided to Members. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Sites, you agree to be bound by the following terms and conditions.
• All Communications are the sole responsibility of those persons posting or transmitting the Communication. Deep Silver has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.
• Deep Silver does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them.
• The Member or user acknowledges that by using the communication features provided on the Site, you may be exposed to Communications and other content that is offensive, indecent or objectionable.
• Under no circumstances will Deep Silver be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the Site.
• If Deep Silver receives notification of a Member or user regarding Communications which allegedly do not conform to this Agreement, Deep Silver may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication.
• Deep Silver reserves the right to expel Members and users and prevent their further access to the Sites for violating this Agreement or violating the law. Deep Silver also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.
• Deep Silver reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if Deep Silver deems it necessary and/or appropriate.
• Deep Silver retains the right to terminate the membership of any Member or Guest who violates the following Rules of Conduct.
RULES OF CONDUCT
• Post, transmit, promote, or distribute Communications or content that is illegal.
• Harass, threaten, embarrass, or stalk or cause distress, unwanted attention or discomfort to another Member or Guest.
• Transmit or facilitate distribution of content or Communications that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
• Post content or send Communications of any form impugning someone’s race, sexual orientation, religion, national origin, political beliefs, or ethnic heritage.
• Post or communicate “Hate speech.”
• Disrupt the flow of chat in chat rooms or within Software that include chat functionality with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text].
• Impersonate another person (including celebrities), impersonate a Deep Silver employee or a representative of Deep Silver, attempt to mislead users by indicating that you represent Deep Silver or any of Deep Silver’s partners or affiliates.
• Attempt to interfere with, hack into or decipher any transmissions to or from Deep Silver servers or otherwise acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
• Organize or form or attempt to organize or form any groups online and/or among other Members or Guests based on slanderous or hate philosophies.
• Modify any part of the Sites and/or Software without the prior written consent of Deep Silver.
• Give false information or intentionally hide any information that is required by the Sites or the Software.
• Share your account password with anyone and/or sell or otherwise transfer your account to anyone.
• Do not follow the instructions of authorized personnel on the Sites.
• Upload or distribute any software or content that you do not own or have permission to freely distribute.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files that contain a virus or corrupted data.
• Post Communications for any purpose other than personal communication, or transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Sites.
• Improperly use the in game support or complaint buttons or make false reports to Deep Silver staff members.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other Member or user from using and enjoying the communication features on the Sites.
• Sell or distribute, outside of the game, any element of the games including without limitation game’s characters, names, weapons, objects, skills, virtual currency and other features.
• If you are younger than 18 years old, incur charges to your Account without the express consent of your parent or guardian.
Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member’s account. Deep Silver shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
LINKS TO THIRD PARTY SITES
Deep Silver Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Deep Silver does not control such web sites, and is not responsible for their content, privacy policies. Or for the collection, use or disclosure of any information those sites may collect.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software (“Software”) that is made available to view, play and/or download in connection with the Sites, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of Deep Silver and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. You acknowledge and agree that you do not acquire any rights of ownership regarding the Sites, and/or any element of the Software including without limitation the universe, characters, plot and names which may be created by you while playing the Software.
Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. DEEP SILVER AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
DEEP SILVER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DEEP SILVER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT DEEP SILVER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT DEEP SILVER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DEEP SILVER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.
DEEP SILVER DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ON THE SITES OR PLAYING THE SOFTWARE. IN THE EVENT THAT DEEP SILVER CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL DEEP SILVER, THEIR PARENT, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND/OR EMOTIONAL DISTRESS AND/OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE OR YOUR TIME SPENT PLAYING THE SOFTWARE. EXCEPT AS PROBITTED BY LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE, OR (ii) $100.
You acknowledge that Deep Silver reserves the right to log off accounts that are inactive for an extended period of time.
DEEP SILVER.COM MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Either you or Deep Silver has the right to terminate or cancel your membership or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Deep Silver.
The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are copyrighted as a collective work under the United States copyright laws. Deep Silver owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Deep Silver enables you to download) without the express written permission of Deep Silver and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Deep Silver and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
GENERAL TERMS AND CONDITIONS
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Deep Silver with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Deep Silver with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Deep Silver at the address provided below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
900 Larkspur Landing Circle, Suite 103
Larkspur, California 94939
YOU ACKNOWLEDGE THAT YOU AGREE TO THESE RULES AND WILL ABIDE BY THEM.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR ACCOUNT OR USER ID AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.
YOU AGREE YOU HAVE READ CAREFULLY!