Terms & Conditions + Privacy Policy
Xplody Games is committed to protecting your privacy and security and explain below in detail the steps we take to do so. We urge you to read this Privacy Policy.
MISCELLANEOUS
These terms will be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to any jurisdiction’s conflicts of law provisions. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the laws of the State of Pennsylvania. If any of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. XPLODY GAMES’ ONLINE PRIVACY POLICY
We are committed to protecting the privacy and security of the users of our sites. This privacy policy will advise you about how we protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail or contact us SCOPE OF PRIVACY POLICY
This policy applies to your use of all of the sites and services owned or operated by Xplody Games, LLC and affiliated companies (collectively referred to as “we,” “us,” or “our”), including xplodygames.com and any other site that we may own or operate currently or in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the Sites only link. This policy covers only information collected on the Sites and does not cover any information collected offline by us. PERSONAL IDENTIFICATION INFORMATION
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for Xplody Games, LLC, and correspondence (including via email to us) with and requests for correspondence with us. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology (discussed in detail below) to improve your experience of these activities, to remember your preferences, customize the content and advertisements that you see on our website, or authenticate your access to your personal information. In addition, in the event your personally identifiable information is requested as part of our surveys or polls, such personally identifiable information may be added to your registration information unless otherwise stated). We may also contact you to confirm your registration and about your account status, and regarding changes to the Sites’ Terms and Conditions and this Privacy Policy. We do not intend to use customer information collected through this website in any way not described here without first providing you the opportunity to opt-out of that use. We use customer information collected in conjunction with the purchase of products on this website to complete transactions and fulfill requests for services. We may also use customer information to provide a more effective and efficient customer experience. We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute, or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. NON-PERSONAL IDENTIFICATION INFORMATION
We collect non-personal identification information through the use of: “Cookie” technology: A “cookie” is an element of data that a web site can send to your browser, which may then store it on your system. “IP address tracking”: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address. Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our site-such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our sites and about the links you may select from within our site to other areas of the World Wide Web or elsewhere online. We may use such information to administer the site and, in the aggregate, to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you. USE OF GOOGLE ADWORDS SERVICES
This website may use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Xplody Games website(s). Collected data may include age, gender, and interests. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. Xplody Games will never run ads that collect personally identifiable information, use interest-based advertising or implement the remarketing tag on any site or app directed to children under 13 or which stores or solicits age information from people under the age of 13, create a remarketing list or create ad content that specifically seeks to reach people in ways that are prohibited by law, Google policy, or Xplody Games policy, create ad content which implies knowledge of personally identifiable or sensitive information about the site or app visitor, even when the remarketing list has been created without using such information, or include products which fall into these sensitive categories in any data feeds. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently opt out by using a browser plugin. SECURITY POLICY
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. xplodygames.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from xplodygames.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer). CONSENT TO TRANSFER
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer. YOUR ACCEPTANCE OF THESE TERMS
By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes. XPLODY GAMES, LLC’S WEBSITE TERMS & CONDITIONS
Please carefully read the following terms and conditions relating to your use of this site. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site. SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to your use of all of the sites and services owned or operated by Xplody Games, LLC. and affiliated companies, (collectively referred to as “we,” “us,” or “our”), including xplodygames.com and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links. RESTRICTIONS ON USE OF MATERIALS
The contents of our sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites for your personal use only. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from the Sites. You must abide by all additional copyright notices or other restrictions contained in any of the Sites. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Xplody Games, LLC, xplodygames.com, and their affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use. DISCLAIMERS
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES. PARENTAL PERMISSION
WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.