This Internet website is the property of 3D Game Market LLC, (the "Company"). By entering the website and using any of its features, functionality, or Company’s software, you must agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not purchase or download Company’s software or use its website.
The Company provides access to its website and any related services provided thereto subject to your compliance with the following Terms & Conditions. These Terms & Conditions constitute an agreement between you and the Company ("Agreement") that governs the relationship between you and the Company with respect to your use of this website, software provided by Company or downloaded from this website, and any related services. It is important that you read these Terms and Conditions carefully and understand them.
1. Description of Services
Subject to full compliance with the Terms & Conditions, the Company may offer to provide certain services and content, as described more fully on the website (the website and services are collectively referred to herein as the "Online Services"). Online Services shall include, but not be limited to, any service, product, or content the Company provides to you, including any materials displayed on the website. The Company may change, suspend or discontinue the Online Services for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.
2. Trademark and Copyright Information
All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. All third party trademarks are the property of their respective owners.
3. Limited License
The Company grants you a limited, personal, non-exclusive, non-transferable, revocable right and license to download, install, and use any software rightfully obtained by you hereunder for non-commercial use and for access to and use of the Online Service. Such license is subject to these Terms & Conditions, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal, and non-commercial use; (ii) you may not copy, distribute, share, modify, or otherwise make derivative uses of the downloadable software or Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Online Services other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms & Conditions may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
4. Use of Company Content and User Content
All materials related to the Online Services of any kind whatsoever sent by or through us to you and other users via Online Services including without limitation, text, images, software, and data, are considered "Company Content".
Company Content
All materials available through the Online Services of any kind whatsoever or sent to us or posted by you, via the Online Services or otherwise are considered "Company Content" (both Company Content and User Content shall hereinafter sometimes be referred to as “Content”). Unless otherwise stated, copyrights, trademarks, and similar rights in and to all Company Content and materials published on the Online Services are owned by or licensed to Company or its third party partners, representatives or agents, if any. You are permitted to print or download extracts of Company’s Content for your personal use only but not for commercial use (retail, and distribution companies, please contact us for specific use licenses or permissions), such as distributing or redistributing, reselling, licensing, or otherwise profiting from Company Content in any way. Except as may be granted in writing, no Content may be used for any commercial or public use and no part of the Service or any Content appearing in the Online Services may be, without limitation, reproduced or stored in, or transmitted to, any other web Online Services or electronic storage device not expressly authorized by Company. No Content appearing on the Online Services may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Company.
User Content
Company does not own User Content, including without limitation, your comments, text, images, photos, or graphics, and expressly disclaims any and all liability that may result from them. By creating User Content of any nature, sharing User Content with Company’s Online Services, or posting comments via Online Services, you agree that you retain all ownership rights in and to your User Content. You agree that you will relieve us from any and all liability that may result from submitting User Content, any User Content you send to us or you post to the Online Services (including without limitation, in addition to the Online Services, any device which can now or hereafter deliver Company Content and/or User Content to users in any medium whatsoever, or to other related sites and services). You further agree to grant Company a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to store, use, transmit, display, publish, reproduce, edit, modify, remove or otherwise distribute your User Content and comments and to make such additional uses of your User Content as may be deemed appropriate by Company in its sole discretion without limitation or compensation to you, or refrain from any of the foregoing.
5. Registration
Company may require that you become a registered user in order to access or benefit from any Online Services, including without limitation, the ability to download software. Registration requires that you provide the Company with accurate and complete registration information (“Registered Account”), and you expressly agree that your failure to do so or to maintain such accurate registration information relieves Company from any liability whatsoever. Each Registered Account is for one (1) user only. You expressly agree that upon registration, minimally you may be required to provide your first name, last name, a valid email address, the country you reside in, and your zip code if you are located in the US. You may be further required to provide us with payment information if applicable, and a user name or ‘screen name’ in order to enable you to personally share User Content with the Online Services. The Company does not permit the following:
any other person or entity sharing or using your user name or registration information;
access through a single name and password being made available to multiple users on a network or in any other form whatsoever.
You are responsible for all use of the Online Services and for preventing unauthorized use of your user name, password and Registered Account. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your Registered Account, you must notify us immediately by email. Please also read our Privacy Policy for further information.
6. Content by Email
Company may give you the option to request Content by email. We may also send you email to keep you updated on Online Services developments or your registration status. Your use of the Content received through these email services will be subject to these Terms. You can unsubscribe to our email service by notifying us or opting out, however we may still send you email regarding non-marketing related issues such as your Registered Account or your use of the Online Services.
7. Refund Policy
By purchasing and downloading Company’s software you expressly agree that the software is not returnable nor is its cost refundable. All sales regarding Online Services and downloads are final.
Company might give you store credit for the item purchased at its own discretion, based on information provided by you about the defective item.
8. No Warranties, Limitation of Liability
Software Applications and Content of the Online Services is only for your general information and use and is not intended to address your particular requirements. You agree that your use of the Online Services, including without limitation, any arrangements made between you and any third party found on the Online Service or through any Content is at your sole risk and you acknowledge and agree that the Online Services and anything contained therein, including, but not limited to, Content, software, software applications, goods, or advertisements (the "Items") are provided "AS IS" and that Company makes no warranty of any kind, express or implied, as to the Items, including but not limited to, merchantability, or fitness for a particular purpose or use. Company does not warrant that the Online Services will be available at all times or is compatible with your electronic equipment or that the Online Services is free of errors or viruses, worms, "Trojan horses" or similar programs and you agree that Company is not liable for any damage you may suffer as a result of such destructive features. Company does not warrant that its software applications will be compatible with any particular equipment, that it will operate without errors or defects, or will address your particular needs.
SOME STATES DO NOT ALLOW LIMITS OF LIABILITIES, HOWEVER, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU AGREE THAT Company, its shareholders, directors, officers, employees, contractors, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF Company, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SUBCONTRACTORS, VENDORS, SUPPLIERS, OR OTHERWISE, ARISING IN CONNECTION WITH THE Online SERVICEs or Items AND AS SUCH SHALL NOT BE LIABLE FOR ANY MONETARY LOSS, DIRECT OR INDIRECT DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ANY CLAIM AGAINST Company BY YOU OR ANY OTHER PARTY OR ENTITY THAT HAS ACCESSED THE Online SERVICEs or Items VIA YOUR REGISTERED ACCOUNT, OR ANY CLAIM AGAINST Company REGARDING OR RELATED TO ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE Online SERVICEs or Items CAUSED BY Company’s design, SERVERS, COMPUTERS OR OTHER EQUIPMENT, OR YOUR ELECTRONIC EQUIPMENT OR ARISING FROM YOUR USE OR ATTEMPTED USE OF THE Online SERVICEs or Items ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online services, IF ANY, IS NOT MAINTAINED OR CONTROLLED BY Company AND THEREFORE Company IS NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO OR ADVERTISED in THE Online SERVICEs. Company DOES NOT (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE Online SERVICEs INCLUDING WITHOUT LIMITATION ANY CONTENT, (B) GUARANTEE THE ACCURACY, COMPLETENESS, ACCESSIBILITY TO, USEFULNESS OR ADEQUACY OF THE SERVICE OR ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online SERVICEs OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online SERVICEs. Company IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF ANY CONNECTIONS AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND AND AGREE THAT Company AND/OR THIRD-PARTY CONTRIBUTORS TO THE Online SERVICEs MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT its CONTENT FROM BEING ACCESSED UNDER THE TERMS OF THIS AGREEMENT. Company EXPRESSLY DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT ANY Content DISPLAYED IN Online Services or software applications CONVEYED TO YOU VIA ITS Online SERVICEs, WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME OR AT ALL, or always SOLD FOR a particular PRICE. Any contact you make with any other person, from within the Online Services or outside of the Online Services, is done at your sole risk and company disclaims any liability whatsoever related to or arising from such activity. IN NO EVENT SHALL Company’s LIABILITY TO YOU EXCEED THE AMOUNT OF FEES RECEIVED BY Company UNDER THIS AGREEMENT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
9. Rules of Conduct
Company does not own User Content, your comments, or your posted information and expressly disclaims any and all liability that may result therefrom. By commenting, posting, or otherwise sharing information on our Online Services and/or in the Company User Community in any format, and by any means whatsoever, you agree that you retain all ownership rights in your User Content and that you will relieve Company from any and all liability that may result from such User Content. You further agree to grant Company a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to store, use, transmit, display, edit, modify, publish, reproduce, or otherwise distribute your User Content without limitation, as well as to make such additional uses of User Content as may be deemed advisable by Company or any affiliated entity.
By generating User Content or posting information or comments in the Online Service including without limitation, the User Community, or any other interactive service that may be available to you through the Online Service, you expressly agree to not upload, post, submit, or otherwise distribute or facilitate distribution of any content including, without limitation, text, communications, software, images, sounds, data, or other information that:
➢ contains profane or vulgar language;
➢ contains libelous, defamatory, slanderous, or otherwise untruthful remarks about a person or company, or post or upload copyrighted material from any other source, or invade any person’s privacy for which you may be held legally liable;
➢ is insulting or argumentative without merit, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;
➢ contains explicit or graphic words, descriptions, or accounts of sexual acts;
➢ use vulgar language in the creation of a user name or otherwise violates the Online Services’ rules or policies or these Rules of Conduct;
➢ harasses, degrades, or intimidates an individual or group of individuals;
➢ infringes on any patent, trademark, trade secret, copyright, right of publicity, or any proprietary right of any party;
➢ breaches the terms or conditions of any confidentiality or non-disclosure agreement to which you may be subject;
➢ constitutes unauthorized or unsolicited advertising, including junk, bulk, spam or spam e-mail, any other form of unauthorized solicitation, or any form of lottery or gambling;
➢ contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Company Online Service or any third party;
➢ attempts to, or is intended to, in any way unfairly, falsely, or fraudulently influence, modify, manipulate, or alter data or information, as determined solely by Company;
➢ impersonates any person or entity, including any employee or representative of Company or the Online Service.
Company reserves the right to delete your comments or revoke your access to the Online Service, or User Community access or functionality for any reason. We will usually only do so if you post something that is, in our good-faith opinion, off-topic or related to any of the above restrictions specified in this Section 9.
Collection of information about the Users of this Online Service through any means whatsoever or using such information for the purpose of soliciting business of any kind or transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications is strictly prohibited.
Registration is limited to one username per user. The Online Service may, without prior notice, immediately terminate your ability to use the User Community, Online Services, or portions of the Online Service after discovering you have registered, and/or posted under, multiple usernames.
Advertisements and solicitations of any kind are strictly prohibited. As a person or entity who is not the Company or a Online Service sponsor, you may not solicit any user with any type of commercial offer, or advertise your business through the User Community, which includes, but is not limited to, using email addresses or User names designed to advertise a business or which includes a business name (for example, “ABCCompanydotcom” or “ABCCompany.com”), private messages, profile pages, file attachments, posting your phone or fax number(s), email or postal addresses, and posting any URLs or hyperlinks to your commercial web Online Services(s) or email account(s) or otherwise disclosing any commercial or business contact information to any other user. Company may remove or edit any posted content, without prior notice, that in its sole discretion contains unauthorized advertisements or solicitations and may, without prior notice, immediately terminate your ability to access the Online Services upon discovery of any unauthorized advertising or solicitation.
Other than as specified hereunder, Company does not accept any ideas, text, or content considered to be proprietary. Consequently, you expressly agree that any material you submit to the Online Service in any format whatsoever, will be deemed an unrestricted, irrevocable, and perpetual grant of a royalty free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised, or refrain therefrom in Company’s sole discretion. Additionally, you warrant and represent that you hereby irrevocably waive any moral rights in regard to any material or User Content you submit to the Online Service and you also agree that Company is free to use, for any purpose, any ideas, concepts, know-how, or techniques that you send it, without obligation to you of any kind whatsoever.
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to protect Company’s rights hereunder or comply with law, and respond to claims or comply with legal inquiries about you or your User Content. You represent that you have read and agree to the terms and conditions of our Privacy Policy and how we collect, handle, and use your personal information.
As we provide Online Services involving user-posted messages or content, we do not review every posting, nor do we confirm the accuracy or validity of information posted. We may not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not endorse, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, this website, or any other website controlled by Company. If you feel that any posting is objectionable, we encourage you to contact us by email at support@3dgamemarket.com. We will make every effort to remove objectionable content if we deem removal to be warranted. Removal or editing of any posting is a manual process and might not occur immediately. We reserve the right to remove (or not) any posted message or content for any (or no) reason whatsoever. You remain solely responsible for your postings, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Company reserves the right to suspend or ban Users posting what the Company deems inappropriate content at any time without notice, however, Company is not responsible for any failure or delay in removing or editing such content.
10. Making Purchases
If you wish to purchase any products or services described in the Online Services, you may be required to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, if any, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please refer to our Privacy Policy.
11. Changes to These Terms
Company may add, delete, or otherwise modify the provisions of this Agreement from time to time. Any such changes will be accessible to you by being posted on the Online Service’s webpage located at www.3dgamemarket.com. It is your responsibility as a User to refer to these changes. Unless noted otherwise, any changes will become effective immediately upon being posted and you will be deemed to have accepted them if you access the Online Service after that time. If you do not wish to accept them, you must discontinue accessing the Online Service. You agree to maintain accurate registration information with Company and update it if it changes. If you fail to do so, you will be in breach of this Agreement. You can update your personal details by contacting us at support@3dgamemarket.com.
12. No Waiver
No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition under this Agreement, and no act, omission or course of dealing or course of performance by Company, operates as a waiver or estoppel of any right, remedy or condition, nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13. Choice of Law
The laws of the State of New York, in the United States of America, shall govern these terms and conditions and you hereby irrevocably submit to the exclusive jurisdiction of New York courts. Nothing in this clause shall limit Company’s right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction or jurisdictions, whether concurrently or not, to the extent permitted by law of such other jurisdictions.
14. General
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms. There are no third party beneficiaries to this Agreement. If any provision of these Terms is found to be invalid by a court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect. You also agree to defend, indemnify, and hold harmless Company and its shareholders, directors, officers, employees, independent contractors, affiliates, agents, third party providers and vendors from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use or attempted use of the Online Service, any third party’s unauthorized access to the Online Service via your Registered Account, or your actual or alleged violation of any law, including without limitation, laws governing intellectual property or privacy rights, or your violation of these Terms. You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US government as a “terrorist supporting country” and that you are not listed on any US government list of prohibited or restricted parties. You are responsible for complying with all applicable third party terms of agreement when using the Online Services.
15. Entire Agreement
Company reserves all rights hereunder. These terms and conditions constitute the entire Agreement between you and Company with respect to the subject matter hereof and exclude any representations or warranties previously given or made.
If you agree to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement, click I AGREE. If you decline you will be unable to access the Online Services.
Privacy Policy
3D Game Market LLC and any of its subsidiaries (collectively the "Company"), respects the privacy rights of our users and is committed to protecting the information collected through its online products, Online Services and websites (collectively the " Online Services"). We have adopted this privacy policy to explain how we collect, store, and use the information collected in connection with our Online Services (the "Privacy Policy").
PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. BY REGISTERING OR USING Company’s SERVICES, YOU AGREE THAT WE MAY TRANSFER AND STORE YOUR ACCOUNT INFORMATION IN THE USA, THAT WE MAY PROCESS YOUR DATA IN ACCORDANCE WITH THE FOLLOWING PRIVACY POLICY, THAT YOU AGREE TO BE BOUND BY OUR PRIVACY POLICY, AND THAT YOU WILL ABIDE BY OUR TERMS & CONDITIONS.
WHAT DOES THIS PRIVACY POLICY APPLY TO?
This Privacy Policy applies to the Company's Online Services as defined in the Terms and Conditions Agreement and as it relates to you. In addition, the Company may also from time to time add new sites and services.
Please note that this Privacy Policy applies only to information submitted and collected online through the Online Services, and does not apply to information that may be collected by the Company offline. In addition, this Privacy Policy does not apply to websites or services maintained by other companies or organizations (such as those who might promote the Company's products and services or sell related items) and the Company cannot and does not guarantee the security of any personal information disclosed to those third parties. In addition, please note that we may hire vendors (agents or contractors) to collect personal information on our behalf and in such cases such vendors will be instructed to comply with this Privacy Policy. These vendors may not use your personally identifiable information for their own marketing purposes.
If we may choose to use third parties for various services related to the Online Services, including customer support, contest or game data collection, email fulfillment, and the like. When you enter a contest or sign up to receive a newsletter, we may share your personally identifiable information as necessary for third parties to provide services on our behalf. These third parties are not permitted to use such information for their own marketing purposes.
We reserve the right to make changes to this Privacy Policy. Please check back from time to time to ensure that you are aware of these changes. If we make a material change to this Privacy Policy, we will notify you here or by means of a notice on our home page. Your continued use of the Online Services will signify your acceptance of these changes.
You may choose to voluntarily provide us with various personal information and non-personal information through your use of the Online Services. We also may use "cookies" and other passive technologies to collect certain non-personal information from you in connection with your use of the Online Services, such as the pages you visit and the features you use. Our cookies are linked to personal information.
WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?
Personal information is information that identifies you and that may be used to contact you online or offline. The Company collects personal information from you on a voluntary basis. When you submit personal information to the Company, it will usually take the form of:
- Registration for websites, jobs, online services, products, contests and/or special events;
Subscribing to newsletters or alerts;
Posting in or commenting on our message boards, forums, news blogs, chat rooms or other online services;
Purchasing a product or services through our online stores;
Using "tell a friend," "email this page," or other E-Card features;
Requesting technical support;
Downloading demos, programs, or other software;
Participating in polls, surveys, and questionnaires; or
Otherwise through use of our software, including mobile products, and personal computer products, and through the use of our online products or online services where personal information is required for use and/or participation.
The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal information such as your first and/or last name, e-mail address, phone number, mailing address or payment information. In addition, we may collect demographic information such as your age or date of birth. If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information.
If you use, purchase or register for Online Services through a third-party service such as a gaming console's network service, an internet based gaming service, or a social network website, or request that we associate a Company account with a third-party service account, then limited user account personal information may be transferred to the Company as part of the registration process and we may be able to collect information about your use of the Online Services.
If you use an application on a Social Networking Services ("SNS"), including without limitation Facebook or Twitter, you grant us the right to access certain information from your profile from that SNS. The information you allow us to access is affected by the privacy settings you establish at the SNS. For example, a Facebook application may access and store some or all of the following information, as allowed by you, the SNS and your preferences: your "basic information" you have shared with everyone on the SNS; your profile picture or its URL; your friend's list, your user ID number, which is linked to publicly available information such as name and profile photo; or other information indicated as part of the "Request for Permission" prompt from the SNS. Your agreement to share this information takes place when you "accept" (or similar terms) one of our applications on an SNS. Once your information is received from an SNS, that information is stored and used by us in accordance with this Privacy Policy. The Company is not responsible for the terms, policies, disclosures or actions of any SNS.
When you use Facebook Connect, OpenID or another multisite ID to log in to an Online Service, those ID services will authenticate your identity and provide you the option to share certain personal information with us to pre-populate our sign up form. Depending on your account settings, multisite IDs may also provide other information to us. Please check the terms of those services before using them to log into an Online Service.
WHAT NON-PERSONAL INFORMATION DOES THE COMPANY COLLECT?
In connection with your use of Company’s Online Services, the Company collects certain non-personal and demographic information. Non-personal information cannot be used to specifically identify you, such as zip code, gender, scores, survey data, purchases, Internet Protocol address and other information.
When you play certain software products published by the Company, information about your gameplay may be collected and transmitted to the Company through a gaming consoles network services or any other internet connection method using the hardware on which you play such games (collectively and individually your "Internet Connection").
WHAT GAMEPLAY INFORMATION DOES THE COMPANY COLLECT?
When using Company products or Online Services, the Company may receive information regarding your gameplay without any additional notice to you or actions taken by you. The Company will not receive personal information such as your name and address but may receive other information such as your Device ID, game achievements, game scores and performance, Internet Protocol (IP) address, or other information and statistics regarding your usage of the games. Information about gameplay may be collected while you are offline and transmitted to the Company when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, computer, or other gaming platform. The Company may use such information as set forth in this Privacy Policy whether or not you register for or use the Services.
SPECIAL NOTES ABOUT CERTAIN INFORMATION
Member Names or Screen Names & IDs, Social Network Services, and Other Third Party Services:
Certain Online Services offered by the Company, including multiplayer gaming and specialized websites, may use third party services to (i) provide authentication for Online Services, or (ii) associate a Company Service account with a third-party account such as a Device ID, Gaming Console ID, Gaming Network Service account, or Social Network Service account. When you use a third-party authentication service or link your Company account with a third-party account you will be asked to provide account information associated with that third party account. Certain membership information may be transferred automatically to the Company when you register to join an Online Service from a third-party gaming network system or link your Online Service membership with a third party service, such as your friend’s list on that gaming network or social network service.
Public Information Including Message Boards, User Generated Content, Forums, News Blogs, Comments, User Profiles and Chat Rooms:
Whenever you give out personal information in public areas such as on a message board, chat room, comment field or profile page, that information can be collected and used by other people. 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 in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or identify you. If you post a video, image, photo or other content through an Online Service for public view you should be aware that these might be viewed, collected, copied and/or used by other users without your consent. If your screen name or an ID contains your real name, then that name will be made publicly available. Therefore, you are strongly encouraged not to disclose personal information on while using our services or use personal information to identify yourself while using our services. We are not responsible for any public information or content you post using our Online Services.
E-mail Correspondence:
We may provide e-mail addresses or forms to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address or any other personal data contained in the body of your e-mail message. By allowing you to send us these requests, we are not attempting to solicit personal information from you. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support. In some instances, copies of your requests may be kept on file for our records, for quality control purposes, or to provide ongoing support services you have requested. If we have actual knowledge that the person with whom we're communicating is a child under the age of thirteen, we delete the child's e-mail address and message immediately after responding.
In addition to responding to your email correspondence and sending you information you have requested via our email lists, we may send activation emails and other transactional emails to your e-mail address as necessary. You may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL INFORMATION?
Your refusal to submit personal information may limit your ability to participate in some activities, such as use of certain Online Services. However, as described above, regardless of registration we reserve the right to publish gameplay boards and multiplayer match records that contain certain information as a result of your use of the products, such as your player ID
DO YOUR WEBSITES USE COOKIES, TRACK IP ADDRESSES OR USE OTHER PASSIVE MEANS TO COLLECT INFORMATION?
The Company uses cookies, web beacons, and similar tracking devices on its websites to collect information that is not personally identifiable. If you choose to provide us with information, it may be linked to the data stored by these technologies.
Cookies: A "cookie" is a small bit of record-keeping information that websites often store on a user's computer. Our cookies do not include people's names, e-mail addresses, or other information that is personally identifiable; they are typically used to quickly identify a user's computer and to "remember" things about the user's visit (such as the user's use of various features on the Online Services). You can disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain portions of the websites.
Flash Cookies: We may also use flash cookies, also known as "shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Flash cookies only collect data in the aggregate. Like normal cookies, Flash cookies are represented as small files on your computer and are not tied to your personally identifiable information.
Web Beacons: A "web beacon" is an electronic image that allows websites to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personally identifiable information.
Internet Log Files: The Company may also keep track of your Internet Protocol (IP) and computer MAC addresses for various reasons. An IP address is a number that is used by a networked device and will identify your point of connection to the internet. Depending on your network configuration, it may also identify your computer. A computer MAC address identifies one specific piece of hardware. These log files are tied to your personally identifiable information if you have linked your console user account to online service accounts offered by the Company.
Analytic Metrics Tools and Other Technologies: Other information that may be passively collected by the Company includes log files that record information about your hardware, product use or website navigational activity. We may also use these log file entries for our internal marketing and demographic studies, so we can constantly improve the Online Services we provide you.
WHO IS COLLECTING MY INFORMATION AND HOW WILL IT BE USED?
When you submit information to the Company via our Online Services, or information is automatically collected as described in this Privacy Policy, that information is received by the Company. The Company may use the submitted information to send you promotional materials, to provide you with access to our services, to fulfill product orders, fulfill "tell a friend" requests, and to respond to questions or technical problems. We may also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and to better meet your needs.
Your participation in using the Online Services gives us permission to collect, use, store, transmit, and publically display statistical data (which may include information such as your scores, rankings and achievements) in Company’s sole discretion.
Online gaming and Social Networking Services are by their very nature open communities where gameplay information including user name, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, the Company may automatically post certain information, such as your Screen Name or ID and gameplay statistics, within the game, on Social Networking Services, on Online Services, or on specialized game websites. However, we will not post information that we know directly and clearly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, your gameplay, leaderboards, and multiplayer match information may appear nested in our games or third-party webpages via frames or widgets.
Some of our Online Services may allow you to link your account to SNS services like Facebook and Twitter. Certain membership information may be transferred automatically to the Company when you link your Online Service membership with SNS account, such as your friend's list. Some SNS services also give you the option to post information about the Online Services to their websites to share with others. If you choose to use these features, your actions are governed by the privacy policy of the company providing the feature. Please review each company's governing policies before using their services.
Some of our Online Services offer SNS features and Widgets, such as the Facebook "Like" button, Google + button, or the Share This button. These third-party SNS features may set a cookie to enable the Feature to function properly and may collect information about you when you use them, such as your IP address and which page you are visiting on our site. SNS features and Widgets may be hosted by a third party or hosted directly by our Online Services. Your interactions with these Features are governed by the privacy policy of the company providing the feature. Please review each company's governing policies before using their services.
WITH WHOM DOES THE COMPANY SHARE MY PERSONAL INFORMATION?
The Company may share your personal information with third-parties as described in this Privacy Policy. The Company may share your personal information to fulfill a request you have made, such as signing up for an email list or requesting customer support. In the event we offer services or promotions where your personal information is separately collected and used according to the privacy policy of a third-party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion. In addition, we may share aggregate information (not personal information) regarding Online Service usage statistics and user demographics with third parties, but this information will not include personally identifiable information.
We may share your personal information with third parties, including as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. We also may share your personal information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate or enforce our terms and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on the Company. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of the Company, the Company's customer information may be transferred to our successor or assign.
HOW YOU CAN CONTROL THE COLLECTION, USE, AND/OR DISPLAY OF DATA OR REVIEW YOUR DATA
If you do not want the Company to send you communications such as newsletters or promotional offers, you may opt-out from receiving these communications at the time your personal information is collected or later by using the methods listed below. In addition to the methods below, along with every communication sent to you, the Company gives you the opportunity to discontinue receiving future communications.
If for any reason you wish to unsubscribe from Company’s mailing lists, or delete your account information, please send an email with “unsubscribe” or "delete account" in the subject line to the appropriate email address below: support@3dgamemarket.com
Data Retention
We may retain your personal information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your personal information to provide you services contact us as described above under "How You Can Control the Collection, Use and/or Display of Data or Review Your Data." We will retain and use your personal information as necessary, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.
In addition to those methods, if you wish to view, delete or correct the personal information collected about you, you may also send an email to support@3dgamemarket. We will review, update or remove information as appropriate and respond to your request within 30 days.
Even if information is changed or deleted, we may still retain some of your information in our files to resolve disputes, enforce our user agreement, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity and operation of our websites.
WHAT IS YOUR POLICY REGARDING LINKS TO OTHER SITES?
You should be aware that while you are on our websites you could be directed to other sites that are beyond our control. If we have links to another website, is not an endorsement, authorization, or representation of our affiliation with that third-party. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend reading the privacy policy of the website you link to before you submit any of your personal information.
DO YOU COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13?
The Company does not knowingly collect personal information from children under 13 years old. If we find out we have collected any personally identifiable information from anyone under the age of 13 we will delete this information immediately. We encourage parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet.
HOW DO I ASK A QUESTION OR FILE A COMPLAINT?
Any questions or complaints about this Privacy Policy can be filed by contacting our Privacy Policy Administrator via email at support@3dgamemarket.com.
3D Game Market LLC
TERMS & CONDITIONS
This Internet website is the property of 3D Game Market LLC, (the "Company"). By entering the website and using any of its features, functionality, or Company’s software, you must agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not purchase or download Company’s software or use its website.
The Company provides access to its website and any related services provided thereto subject to your compliance with the following Terms & Conditions. These Terms & Conditions constitute an agreement between you and the Company ("Agreement") that governs the relationship between you and the Company with respect to your use of this website, software provided by Company or downloaded from this website, and any related services. It is important that you read these Terms and Conditions carefully and understand them.
1. Description of Services
Subject to full compliance with the Terms & Conditions, the Company may offer to provide certain services and content, as described more fully on the website (the website and services are collectively referred to herein as the "Online Services"). Online Services shall include, but not be limited to, any service, product, or content the Company provides to you, including any materials displayed on the website. The Company may change, suspend or discontinue the Online Services for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.
2. Trademark and Copyright Information
All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. All third party trademarks are the property of their respective owners.
3. Limited License
The Company grants you a limited, personal, non-exclusive, non-transferable, revocable right and license to download, install, and use any software rightfully obtained by you hereunder for non-commercial use and for access to and use of the Online Service. Such license is subject to these Terms & Conditions, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal, and non-commercial use; (ii) you may not copy, distribute, share, modify, or otherwise make derivative uses of the downloadable software or Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Online Services other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms & Conditions may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
4. Use of Company Content and User Content
All materials related to the Online Services of any kind whatsoever sent by or through us to you and other users via Online Services including without limitation, text, images, software, and data, are considered "Company Content".
Company Content
All materials available through the Online Services of any kind whatsoever or sent to us or posted by you, via the Online Services or otherwise are considered "Company Content" (both Company Content and User Content shall hereinafter sometimes be referred to as “Content”). Unless otherwise stated, copyrights, trademarks, and similar rights in and to all Company Content and materials published on the Online Services are owned by or licensed to Company or its third party partners, representatives or agents, if any. You are permitted to print or download extracts of Company’s Content for your personal use only but not for commercial use (retail, and distribution companies, please contact us for specific use licenses or permissions), such as distributing or redistributing, reselling, licensing, or otherwise profiting from Company Content in any way. Except as may be granted in writing, no Content may be used for any commercial or public use and no part of the Service or any Content appearing in the Online Services may be, without limitation, reproduced or stored in, or transmitted to, any other web Online Services or electronic storage device not expressly authorized by Company. No Content appearing on the Online Services may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Company.
User Content
Company does not own User Content, including without limitation, your comments, text, images, photos, or graphics, and expressly disclaims any and all liability that may result from them. By creating User Content of any nature, sharing User Content with Company’s Online Services, or posting comments via Online Services, you agree that you retain all ownership rights in and to your User Content. You agree that you will relieve us from any and all liability that may result from submitting User Content, any User Content you send to us or you post to the Online Services (including without limitation, in addition to the Online Services, any device which can now or hereafter deliver Company Content and/or User Content to users in any medium whatsoever, or to other related sites and services). You further agree to grant Company a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to store, use, transmit, display, publish, reproduce, edit, modify, remove or otherwise distribute your User Content and comments and to make such additional uses of your User Content as may be deemed appropriate by Company in its sole discretion without limitation or compensation to you, or refrain from any of the foregoing.
5. Registration
Company may require that you become a registered user in order to access or benefit from any Online Services, including without limitation, the ability to download software. Registration requires that you provide the Company with accurate and complete registration information (“Registered Account”), and you expressly agree that your failure to do so or to maintain such accurate registration information relieves Company from any liability whatsoever. Each Registered Account is for one (1) user only. You expressly agree that upon registration, minimally you may be required to provide your first name, last name, a valid email address, the country you reside in, and your zip code if you are located in the US. You may be further required to provide us with payment information if applicable, and a user name or ‘screen name’ in order to enable you to personally share User Content with the Online Services. The Company does not permit the following:
any other person or entity sharing or using your user name or registration information;
access through a single name and password being made available to multiple users on a network or in any other form whatsoever.
You are responsible for all use of the Online Services and for preventing unauthorized use of your user name, password and Registered Account. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your Registered Account, you must notify us immediately by email. Please also read our Privacy Policy for further information.
6. Content by Email
Company may give you the option to request Content by email. We may also send you email to keep you updated on Online Services developments or your registration status. Your use of the Content received through these email services will be subject to these Terms. You can unsubscribe to our email service by notifying us or opting out, however we may still send you email regarding non-marketing related issues such as your Registered Account or your use of the Online Services.
7. Refund Policy
By purchasing and downloading Company’s software you expressly agree that the software is not returnable nor is its cost refundable. All sales regarding Online Services and downloads are final.
Company might give you store credit for the item purchased at its own discretion, based on information provided by you about the defective item.
8. No Warranties, Limitation of Liability
Software Applications and Content of the Online Services is only for your general information and use and is not intended to address your particular requirements. You agree that your use of the Online Services, including without limitation, any arrangements made between you and any third party found on the Online Service or through any Content is at your sole risk and you acknowledge and agree that the Online Services and anything contained therein, including, but not limited to, Content, software, software applications, goods, or advertisements (the "Items") are provided "AS IS" and that Company makes no warranty of any kind, express or implied, as to the Items, including but not limited to, merchantability, or fitness for a particular purpose or use. Company does not warrant that the Online Services will be available at all times or is compatible with your electronic equipment or that the Online Services is free of errors or viruses, worms, "Trojan horses" or similar programs and you agree that Company is not liable for any damage you may suffer as a result of such destructive features. Company does not warrant that its software applications will be compatible with any particular equipment, that it will operate without errors or defects, or will address your particular needs.
SOME STATES DO NOT ALLOW LIMITS OF LIABILITIES, HOWEVER, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU AGREE THAT Company, its shareholders, directors, officers, employees, contractors, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF Company, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SUBCONTRACTORS, VENDORS, SUPPLIERS, OR OTHERWISE, ARISING IN CONNECTION WITH THE Online SERVICEs or Items AND AS SUCH SHALL NOT BE LIABLE FOR ANY MONETARY LOSS, DIRECT OR INDIRECT DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ANY CLAIM AGAINST Company BY YOU OR ANY OTHER PARTY OR ENTITY THAT HAS ACCESSED THE Online SERVICEs or Items VIA YOUR REGISTERED ACCOUNT, OR ANY CLAIM AGAINST Company REGARDING OR RELATED TO ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE Online SERVICEs or Items CAUSED BY Company’s design, SERVERS, COMPUTERS OR OTHER EQUIPMENT, OR YOUR ELECTRONIC EQUIPMENT OR ARISING FROM YOUR USE OR ATTEMPTED USE OF THE Online SERVICEs or Items ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online services, IF ANY, IS NOT MAINTAINED OR CONTROLLED BY Company AND THEREFORE Company IS NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO OR ADVERTISED in THE Online SERVICEs. Company DOES NOT (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE Online SERVICEs INCLUDING WITHOUT LIMITATION ANY CONTENT, (B) GUARANTEE THE ACCURACY, COMPLETENESS, ACCESSIBILITY TO, USEFULNESS OR ADEQUACY OF THE SERVICE OR ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online SERVICEs OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE Online SERVICEs. Company IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF ANY CONNECTIONS AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND AND AGREE THAT Company AND/OR THIRD-PARTY CONTRIBUTORS TO THE Online SERVICEs MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT its CONTENT FROM BEING ACCESSED UNDER THE TERMS OF THIS AGREEMENT. Company EXPRESSLY DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT ANY Content DISPLAYED IN Online Services or software applications CONVEYED TO YOU VIA ITS Online SERVICEs, WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME OR AT ALL, or always SOLD FOR a particular PRICE. Any contact you make with any other person, from within the Online Services or outside of the Online Services, is done at your sole risk and company disclaims any liability whatsoever related to or arising from such activity. IN NO EVENT SHALL Company’s LIABILITY TO YOU EXCEED THE AMOUNT OF FEES RECEIVED BY Company UNDER THIS AGREEMENT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
9. Rules of Conduct
Company does not own User Content, your comments, or your posted information and expressly disclaims any and all liability that may result therefrom. By commenting, posting, or otherwise sharing information on our Online Services and/or in the Company User Community in any format, and by any means whatsoever, you agree that you retain all ownership rights in your User Content and that you will relieve Company from any and all liability that may result from such User Content. You further agree to grant Company a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to store, use, transmit, display, edit, modify, publish, reproduce, or otherwise distribute your User Content without limitation, as well as to make such additional uses of User Content as may be deemed advisable by Company or any affiliated entity.
By generating User Content or posting information or comments in the Online Service including without limitation, the User Community, or any other interactive service that may be available to you through the Online Service, you expressly agree to not upload, post, submit, or otherwise distribute or facilitate distribution of any content including, without limitation, text, communications, software, images, sounds, data, or other information that:
➢ contains profane or vulgar language;
➢ contains libelous, defamatory, slanderous, or otherwise untruthful remarks about a person or company, or post or upload copyrighted material from any other source, or invade any person’s privacy for which you may be held legally liable;
➢ is insulting or argumentative without merit, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;
➢ contains explicit or graphic words, descriptions, or accounts of sexual acts;
➢ use vulgar language in the creation of a user name or otherwise violates the Online Services’ rules or policies or these Rules of Conduct;
➢ harasses, degrades, or intimidates an individual or group of individuals;
➢ infringes on any patent, trademark, trade secret, copyright, right of publicity, or any proprietary right of any party;
➢ breaches the terms or conditions of any confidentiality or non-disclosure agreement to which you may be subject;
➢ constitutes unauthorized or unsolicited advertising, including junk, bulk, spam or spam e-mail, any other form of unauthorized solicitation, or any form of lottery or gambling;
➢ contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Company Online Service or any third party;
➢ attempts to, or is intended to, in any way unfairly, falsely, or fraudulently influence, modify, manipulate, or alter data or information, as determined solely by Company;
➢ impersonates any person or entity, including any employee or representative of Company or the Online Service.
Company reserves the right to delete your comments or revoke your access to the Online Service, or User Community access or functionality for any reason. We will usually only do so if you post something that is, in our good-faith opinion, off-topic or related to any of the above restrictions specified in this Section 9.
Collection of information about the Users of this Online Service through any means whatsoever or using such information for the purpose of soliciting business of any kind or transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications is strictly prohibited.
Registration is limited to one username per user. The Online Service may, without prior notice, immediately terminate your ability to use the User Community, Online Services, or portions of the Online Service after discovering you have registered, and/or posted under, multiple usernames.
Advertisements and solicitations of any kind are strictly prohibited. As a person or entity who is not the Company or a Online Service sponsor, you may not solicit any user with any type of commercial offer, or advertise your business through the User Community, which includes, but is not limited to, using email addresses or User names designed to advertise a business or which includes a business name (for example, “ABCCompanydotcom” or “ABCCompany.com”), private messages, profile pages, file attachments, posting your phone or fax number(s), email or postal addresses, and posting any URLs or hyperlinks to your commercial web Online Services(s) or email account(s) or otherwise disclosing any commercial or business contact information to any other user. Company may remove or edit any posted content, without prior notice, that in its sole discretion contains unauthorized advertisements or solicitations and may, without prior notice, immediately terminate your ability to access the Online Services upon discovery of any unauthorized advertising or solicitation.
Other than as specified hereunder, Company does not accept any ideas, text, or content considered to be proprietary. Consequently, you expressly agree that any material you submit to the Online Service in any format whatsoever, will be deemed an unrestricted, irrevocable, and perpetual grant of a royalty free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised, or refrain therefrom in Company’s sole discretion. Additionally, you warrant and represent that you hereby irrevocably waive any moral rights in regard to any material or User Content you submit to the Online Service and you also agree that Company is free to use, for any purpose, any ideas, concepts, know-how, or techniques that you send it, without obligation to you of any kind whatsoever.
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to protect Company’s rights hereunder or comply with law, and respond to claims or comply with legal inquiries about you or your User Content. You represent that you have read and agree to the terms and conditions of our Privacy Policy and how we collect, handle, and use your personal information.
As we provide Online Services involving user-posted messages or content, we do not review every posting, nor do we confirm the accuracy or validity of information posted. We may not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not endorse, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, this website, or any other website controlled by Company. If you feel that any posting is objectionable, we encourage you to contact us by email at support@3dgamemarket.com. We will make every effort to remove objectionable content if we deem removal to be warranted. Removal or editing of any posting is a manual process and might not occur immediately. We reserve the right to remove (or not) any posted message or content for any (or no) reason whatsoever. You remain solely responsible for your postings, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Company reserves the right to suspend or ban Users posting what the Company deems inappropriate content at any time without notice, however, Company is not responsible for any failure or delay in removing or editing such content.
10. Making Purchases
If you wish to purchase any products or services described in the Online Services, you may be required to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, if any, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please refer to our Privacy Policy.
11. Changes to These Terms
Company may add, delete, or otherwise modify the provisions of this Agreement from time to time. Any such changes will be accessible to you by being posted on the Online Service’s webpage located at www.3dgamemarket.com. It is your responsibility as a User to refer to these changes. Unless noted otherwise, any changes will become effective immediately upon being posted and you will be deemed to have accepted them if you access the Online Service after that time. If you do not wish to accept them, you must discontinue accessing the Online Service. You agree to maintain accurate registration information with Company and update it if it changes. If you fail to do so, you will be in breach of this Agreement. You can update your personal details by contacting us at support@3dgamemarket.com.
12. No Waiver
No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition under this Agreement, and no act, omission or course of dealing or course of performance by Company, operates as a waiver or estoppel of any right, remedy or condition, nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13. Choice of Law
The laws of the State of New York, in the United States of America, shall govern these terms and conditions and you hereby irrevocably submit to the exclusive jurisdiction of New York courts. Nothing in this clause shall limit Company’s right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction or jurisdictions, whether concurrently or not, to the extent permitted by law of such other jurisdictions.
14. General
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms. There are no third party beneficiaries to this Agreement. If any provision of these Terms is found to be invalid by a court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect. You also agree to defend, indemnify, and hold harmless Company and its shareholders, directors, officers, employees, independent contractors, affiliates, agents, third party providers and vendors from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use or attempted use of the Online Service, any third party’s unauthorized access to the Online Service via your Registered Account, or your actual or alleged violation of any law, including without limitation, laws governing intellectual property or privacy rights, or your violation of these Terms. You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US government as a “terrorist supporting country” and that you are not listed on any US government list of prohibited or restricted parties. You are responsible for complying with all applicable third party terms of agreement when using the Online Services.
15. Entire Agreement
Company reserves all rights hereunder. These terms and conditions constitute the entire Agreement between you and Company with respect to the subject matter hereof and exclude any representations or warranties previously given or made.
If you agree to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement, click I AGREE. If you decline you will be unable to access the Online Services.
Privacy Policy
3D Game Market LLC and any of its subsidiaries (collectively the "Company"), respects the privacy rights of our users and is committed to protecting the information collected through its online products, Online Services and websites (collectively the " Online Services"). We have adopted this privacy policy to explain how we collect, store, and use the information collected in connection with our Online Services (the "Privacy Policy").
PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. BY REGISTERING OR USING Company’s SERVICES, YOU AGREE THAT WE MAY TRANSFER AND STORE YOUR ACCOUNT INFORMATION IN THE USA, THAT WE MAY PROCESS YOUR DATA IN ACCORDANCE WITH THE FOLLOWING PRIVACY POLICY, THAT YOU AGREE TO BE BOUND BY OUR PRIVACY POLICY, AND THAT YOU WILL ABIDE BY OUR TERMS & CONDITIONS.
WHAT DOES THIS PRIVACY POLICY APPLY TO?
This Privacy Policy applies to the Company's Online Services as defined in the Terms and Conditions Agreement and as it relates to you. In addition, the Company may also from time to time add new sites and services.
Please note that this Privacy Policy applies only to information submitted and collected online through the Online Services, and does not apply to information that may be collected by the Company offline. In addition, this Privacy Policy does not apply to websites or services maintained by other companies or organizations (such as those who might promote the Company's products and services or sell related items) and the Company cannot and does not guarantee the security of any personal information disclosed to those third parties. In addition, please note that we may hire vendors (agents or contractors) to collect personal information on our behalf and in such cases such vendors will be instructed to comply with this Privacy Policy. These vendors may not use your personally identifiable information for their own marketing purposes.
If we may choose to use third parties for various services related to the Online Services, including customer support, contest or game data collection, email fulfillment, and the like. When you enter a contest or sign up to receive a newsletter, we may share your personally identifiable information as necessary for third parties to provide services on our behalf. These third parties are not permitted to use such information for their own marketing purposes.
We reserve the right to make changes to this Privacy Policy. Please check back from time to time to ensure that you are aware of these changes. If we make a material change to this Privacy Policy, we will notify you here or by means of a notice on our home page. Your continued use of the Online Services will signify your acceptance of these changes.
You may choose to voluntarily provide us with various personal information and non-personal information through your use of the Online Services. We also may use "cookies" and other passive technologies to collect certain non-personal information from you in connection with your use of the Online Services, such as the pages you visit and the features you use. Our cookies are linked to personal information.
WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?
Personal information is information that identifies you and that may be used to contact you online or offline. The Company collects personal information from you on a voluntary basis. When you submit personal information to the Company, it will usually take the form of:
- Registration for websites, jobs, online services, products, contests and/or special events;
Subscribing to newsletters or alerts;
Posting in or commenting on our message boards, forums, news blogs, chat rooms or other online services;
Purchasing a product or services through our online stores;
Using "tell a friend," "email this page," or other E-Card features;
Requesting technical support;
Downloading demos, programs, or other software;
Participating in polls, surveys, and questionnaires; or
Otherwise through use of our software, including mobile products, and personal computer products, and through the use of our online products or online services where personal information is required for use and/or participation.
The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal information such as your first and/or last name, e-mail address, phone number, mailing address or payment information. In addition, we may collect demographic information such as your age or date of birth. If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information.
If you use, purchase or register for Online Services through a third-party service such as a gaming console's network service, an internet based gaming service, or a social network website, or request that we associate a Company account with a third-party service account, then limited user account personal information may be transferred to the Company as part of the registration process and we may be able to collect information about your use of the Online Services.
If you use an application on a Social Networking Services ("SNS"), including without limitation Facebook or Twitter, you grant us the right to access certain information from your profile from that SNS. The information you allow us to access is affected by the privacy settings you establish at the SNS. For example, a Facebook application may access and store some or all of the following information, as allowed by you, the SNS and your preferences: your "basic information" you have shared with everyone on the SNS; your profile picture or its URL; your friend's list, your user ID number, which is linked to publicly available information such as name and profile photo; or other information indicated as part of the "Request for Permission" prompt from the SNS. Your agreement to share this information takes place when you "accept" (or similar terms) one of our applications on an SNS. Once your information is received from an SNS, that information is stored and used by us in accordance with this Privacy Policy. The Company is not responsible for the terms, policies, disclosures or actions of any SNS.
When you use Facebook Connect, OpenID or another multisite ID to log in to an Online Service, those ID services will authenticate your identity and provide you the option to share certain personal information with us to pre-populate our sign up form. Depending on your account settings, multisite IDs may also provide other information to us. Please check the terms of those services before using them to log into an Online Service.
WHAT NON-PERSONAL INFORMATION DOES THE COMPANY COLLECT?
In connection with your use of Company’s Online Services, the Company collects certain non-personal and demographic information. Non-personal information cannot be used to specifically identify you, such as zip code, gender, scores, survey data, purchases, Internet Protocol address and other information.
When you play certain software products published by the Company, information about your gameplay may be collected and transmitted to the Company through a gaming consoles network services or any other internet connection method using the hardware on which you play such games (collectively and individually your "Internet Connection").
WHAT GAMEPLAY INFORMATION DOES THE COMPANY COLLECT?
When using Company products or Online Services, the Company may receive information regarding your gameplay without any additional notice to you or actions taken by you. The Company will not receive personal information such as your name and address but may receive other information such as your Device ID, game achievements, game scores and performance, Internet Protocol (IP) address, or other information and statistics regarding your usage of the games. Information about gameplay may be collected while you are offline and transmitted to the Company when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, computer, or other gaming platform. The Company may use such information as set forth in this Privacy Policy whether or not you register for or use the Services.
SPECIAL NOTES ABOUT CERTAIN INFORMATION
Member Names or Screen Names & IDs, Social Network Services, and Other Third Party Services:
Certain Online Services offered by the Company, including multiplayer gaming and specialized websites, may use third party services to (i) provide authentication for Online Services, or (ii) associate a Company Service account with a third-party account such as a Device ID, Gaming Console ID, Gaming Network Service account, or Social Network Service account. When you use a third-party authentication service or link your Company account with a third-party account you will be asked to provide account information associated with that third party account. Certain membership information may be transferred automatically to the Company when you register to join an Online Service from a third-party gaming network system or link your Online Service membership with a third party service, such as your friend’s list on that gaming network or social network service.
Public Information Including Message Boards, User Generated Content, Forums, News Blogs, Comments, User Profiles and Chat Rooms:
Whenever you give out personal information in public areas such as on a message board, chat room, comment field or profile page, that information can be collected and used by other people. 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 in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or identify you. If you post a video, image, photo or other content through an Online Service for public view you should be aware that these might be viewed, collected, copied and/or used by other users without your consent. If your screen name or an ID contains your real name, then that name will be made publicly available. Therefore, you are strongly encouraged not to disclose personal information on while using our services or use personal information to identify yourself while using our services. We are not responsible for any public information or content you post using our Online Services.
E-mail Correspondence:
We may provide e-mail addresses or forms to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address or any other personal data contained in the body of your e-mail message. By allowing you to send us these requests, we are not attempting to solicit personal information from you. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support. In some instances, copies of your requests may be kept on file for our records, for quality control purposes, or to provide ongoing support services you have requested. If we have actual knowledge that the person with whom we're communicating is a child under the age of thirteen, we delete the child's e-mail address and message immediately after responding.
In addition to responding to your email correspondence and sending you information you have requested via our email lists, we may send activation emails and other transactional emails to your e-mail address as necessary. You may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL INFORMATION?
Your refusal to submit personal information may limit your ability to participate in some activities, such as use of certain Online Services. However, as described above, regardless of registration we reserve the right to publish gameplay boards and multiplayer match records that contain certain information as a result of your use of the products, such as your player ID
DO YOUR WEBSITES USE COOKIES, TRACK IP ADDRESSES OR USE OTHER PASSIVE MEANS TO COLLECT INFORMATION?
The Company uses cookies, web beacons, and similar tracking devices on its websites to collect information that is not personally identifiable. If you choose to provide us with information, it may be linked to the data stored by these technologies.
Cookies: A "cookie" is a small bit of record-keeping information that websites often store on a user's computer. Our cookies do not include people's names, e-mail addresses, or other information that is personally identifiable; they are typically used to quickly identify a user's computer and to "remember" things about the user's visit (such as the user's use of various features on the Online Services). You can disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain portions of the websites.
Flash Cookies: We may also use flash cookies, also known as "shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Flash cookies only collect data in the aggregate. Like normal cookies, Flash cookies are represented as small files on your computer and are not tied to your personally identifiable information.
Web Beacons: A "web beacon" is an electronic image that allows websites to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personally identifiable information.
Internet Log Files: The Company may also keep track of your Internet Protocol (IP) and computer MAC addresses for various reasons. An IP address is a number that is used by a networked device and will identify your point of connection to the internet. Depending on your network configuration, it may also identify your computer. A computer MAC address identifies one specific piece of hardware. These log files are tied to your personally identifiable information if you have linked your console user account to online service accounts offered by the Company.
Analytic Metrics Tools and Other Technologies: Other information that may be passively collected by the Company includes log files that record information about your hardware, product use or website navigational activity. We may also use these log file entries for our internal marketing and demographic studies, so we can constantly improve the Online Services we provide you.
WHO IS COLLECTING MY INFORMATION AND HOW WILL IT BE USED?
When you submit information to the Company via our Online Services, or information is automatically collected as described in this Privacy Policy, that information is received by the Company. The Company may use the submitted information to send you promotional materials, to provide you with access to our services, to fulfill product orders, fulfill "tell a friend" requests, and to respond to questions or technical problems. We may also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and to better meet your needs.
Your participation in using the Online Services gives us permission to collect, use, store, transmit, and publically display statistical data (which may include information such as your scores, rankings and achievements) in Company’s sole discretion.
Online gaming and Social Networking Services are by their very nature open communities where gameplay information including user name, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, the Company may automatically post certain information, such as your Screen Name or ID and gameplay statistics, within the game, on Social Networking Services, on Online Services, or on specialized game websites. However, we will not post information that we know directly and clearly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, your gameplay, leaderboards, and multiplayer match information may appear nested in our games or third-party webpages via frames or widgets.
Some of our Online Services may allow you to link your account to SNS services like Facebook and Twitter. Certain membership information may be transferred automatically to the Company when you link your Online Service membership with SNS account, such as your friend's list. Some SNS services also give you the option to post information about the Online Services to their websites to share with others. If you choose to use these features, your actions are governed by the privacy policy of the company providing the feature. Please review each company's governing policies before using their services.
Some of our Online Services offer SNS features and Widgets, such as the Facebook "Like" button, Google + button, or the Share This button. These third-party SNS features may set a cookie to enable the Feature to function properly and may collect information about you when you use them, such as your IP address and which page you are visiting on our site. SNS features and Widgets may be hosted by a third party or hosted directly by our Online Services. Your interactions with these Features are governed by the privacy policy of the company providing the feature. Please review each company's governing policies before using their services.
WITH WHOM DOES THE COMPANY SHARE MY PERSONAL INFORMATION?
The Company may share your personal information with third-parties as described in this Privacy Policy. The Company may share your personal information to fulfill a request you have made, such as signing up for an email list or requesting customer support. In the event we offer services or promotions where your personal information is separately collected and used according to the privacy policy of a third-party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion. In addition, we may share aggregate information (not personal information) regarding Online Service usage statistics and user demographics with third parties, but this information will not include personally identifiable information.
We may share your personal information with third parties, including as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. We also may share your personal information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate or enforce our terms and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on the Company. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of the Company, the Company's customer information may be transferred to our successor or assign.
HOW YOU CAN CONTROL THE COLLECTION, USE, AND/OR DISPLAY OF DATA OR REVIEW YOUR DATA
If you do not want the Company to send you communications such as newsletters or promotional offers, you may opt-out from receiving these communications at the time your personal information is collected or later by using the methods listed below. In addition to the methods below, along with every communication sent to you, the Company gives you the opportunity to discontinue receiving future communications.
If for any reason you wish to unsubscribe from Company’s mailing lists, or delete your account information, please send an email with “unsubscribe” or "delete account" in the subject line to the appropriate email address below: support@3dgamemarket.com
Data Retention
We may retain your personal information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your personal information to provide you services contact us as described above under "How You Can Control the Collection, Use and/or Display of Data or Review Your Data." We will retain and use your personal information as necessary, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.
In addition to those methods, if you wish to view, delete or correct the personal information collected about you, you may also send an email to support@3dgamemarket. We will review, update or remove information as appropriate and respond to your request within 30 days.
Even if information is changed or deleted, we may still retain some of your information in our files to resolve disputes, enforce our user agreement, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity and operation of our websites.
WHAT IS YOUR POLICY REGARDING LINKS TO OTHER SITES?
You should be aware that while you are on our websites you could be directed to other sites that are beyond our control. If we have links to another website, is not an endorsement, authorization, or representation of our affiliation with that third-party. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend reading the privacy policy of the website you link to before you submit any of your personal information.
DO YOU COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13?
The Company does not knowingly collect personal information from children under 13 years old. If we find out we have collected any personally identifiable information from anyone under the age of 13 we will delete this information immediately. We encourage parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet.
HOW DO I ASK A QUESTION OR FILE A COMPLAINT?
Any questions or complaints about this Privacy Policy can be filed by contacting our Privacy Policy Administrator via email at support@3dgamemarket.com.