Effective as of July 1, 2022.

This Privacy Policy describes how Super Evil Mega Corp. Inc. and our subsidiaries and affiliates (collectively “Super Evil,” “we“, “us” or “our“) handle personal information that we collect through our digital properties that link to this privacy policy, including our websites and video games (collectively, the “Service”), as well as through social media, our marketing activities, our live events, and other activities described in this Privacy Policy.

If you are a California resident, see the California Privacy Rights Notice below.

If you are located in the European Economic Area or the United Kingdom, see the Supplemental Notice to Individuals in the European Economic Area and United Kingdom below.

Click here for a printable copy of this Privacy Policy.

Table of Contents

1. PERSONAL INFORMATION WE COLLECT

2. HOW WE USE YOUR PERSONAL INFORMATION

3. HOW WE SHARE YOUR PERSONAL INFORMATION

4. YOUR CHOICES

5. OTHER SITES AND SERVICES

6. SECURITY

7. INTERNATIONAL DATA TRANSFER

8. CHILDREN

9. CHANGES TO THIS PRIVACY POLICY

10. HOW TO CONTACT US

11. CALIFORNIA PRIVACY RIGHTS NOTICE

12. SUPPLEMENTAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA and uk

1. PERSONAL INFORMATION WE COLLECT

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

Contact data, such as your first and last name, email address and phone number.
Profile data, such as your username, in-game name, and password that you may set to establish an online account with us, third party account identifiers, game ownership information, information about your participation in our events, promotions, sweepstakes, contests, or surveys, and any other information that you add to or is associated with your account profile.
Communications that we exchange, including when you contact us with questions or feedback, through social media, or otherwise, or that you exchange on or through the Service, such as with other players.
Research data that you provide when you agree to participate in our surveys, promotions, or contests, such as your survey responses.
Payment and transactional data to complete your purchases or payments on or through the Service (including payment card, bank account, and billing information), and your purchase history.
User generated content, such as posts, fan art, videos, messages, and other content that you can choose to upload to our forums or otherwise make available on the Service, as well as associated metadata.
Marketing data, such as your preferences for receiving communications about our marketing communications and details about your engagement with them.
Job application data, such as professional credentials and skills, educational and work history, LinkedIn profile page, personal website, authorization to work in the U.S., immigration status, criminal history, and other information that may be included on a resume or curriculum vitae as well as in a cover letter. This may also include diversity information that you voluntarily provide.
Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Public sources, such as social media platforms and other publicly available sources.
Affiliate partners, such as content creators, influencers, and promoters who participate in our paid affiliate programs.
Marketing partners, such as joint marketing partners with whom we have entered into joint marketing relationships.

Automatic data collection. We, our service providers, and our business partners may automatically collect information about you, your computer or mobile device, your interactions over time with the Service, our communications and other online services, such as:

Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.
In-game data, such as information regarding your in-game performance and interactions with other players (e.g., win/loss ratio, characters played, statistics).

Cookies and similar technologies. We use cookies and similar technologies (such as web beacons, pixels, tags and scripts) to improve and personalize your experience, provide the Service, analyze website performance and for advertising purposes. For more information, see our Cookie Notice.

2. HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information for the following purposes or as otherwise described at the time we collect it:

Service delivery. We may use your personal information to:

provide, operate and improve the Service and our business;
process payments and complete transactions with you;
communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing and advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you Super Evil-related direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Interest-based advertising. We may engage third party advertising and social media companies to display ads on the Service (including in-game) and other online services. These companies may use cookies and similar technologies to collect information about you (including the data described in the automatic data collection section above) over time across the Service, our communications and other online services, and use that information to serve ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Advertising Choices section below.

To manage our recruiting and process job applications. We may use personal information, such as data submitted to us in a job application, to facilitate our recruitment activities and process job applications, such as by evaluating a candidate for a job, and monitoring recruitment statistics.

Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information.

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as information technology, hosting, customer relationship management and support, fraud detection, communications delivery, marketing, advertising, and website analytics).

Advertising partners. Third party advertising companies that collect information about your activity on the Service and other online services to help us advertise our services, and/or use customer lists that we share with them to deliver ads on their platforms on our behalf to those customers and similar users.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquiring and other relevant parties to business transactions ( or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Super Evil or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Payment processors. We may share personal information with payment processors such as PayPal to facilitate payments on the Service. PayPal may use your payment data in accordance with its Privacy Policy, https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

Other users and the public. Certain in-game information, such as your in-game name and statistics, are visible to other users of the Service and the public. Where your personal information can be seen, collected, and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), we are not responsible for any such use of data.

4. YOUR CHOICES

You have the following choices with respect to your personal information.

Access or update your information. If you have registered for an account with us, you may review and update certain account information from your account.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Cookies. For information about cookies employed by the Service and how to control them, see our Cookie Notice.

Advertising choices. You can limit use of your information for interest-based advertising by de-selecting the option beginning with “Allow us and our partners to collect user data to make the ads you see more relevant” in the in-game options menu, disabling permission to track your device in your iOS privacy settings if you have an Apple device, or deleting your advertising ID in your privacy settings if you have an Android device.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Access, amend, deletion, and opt-out. You may contact us to request access to, update or correct inaccuracies in, delete, or opt-out of certain uses of, your personal information. We will respond as required by law.

5. OTHER SITES AND SERVICES

The Service may contain links to websites, mobile applications, embedded content, and other online services hosted on or operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions.

6. SECURITY

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

7. INTERNATIONAL DATA TRANSFER

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in the UK and the EEA should read the important information provided in the EEA/UK supplemental notice below about transfer of personal information outside of the EEA and UK, as applicable.

8. CHILDREN

We do not intentionally collect the personal information of children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.

9. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

10. HOW TO CONTACT US

Email: privacy@superevilmegacorp.com

Mail: 119 S B Street, Ste A, San Mateo, CA, 94401, United States

11. CALIFORNIA PRIVACY RIGHTS NOTICE

Scope. This section applies only to California residents. It describes how we collect, use, and share the Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.

In some cases we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information we have collected.
- The categories of sources from which we collected the Personal Information.
- The categories of third parties with whom we share the Personal Information.
- The categories of Personal Information that we sold or disclosed for a business purpose.
- The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
- The business or commercial purpose for collecting and/or selling Personal Information.
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can ask us to delete the Personal Information that we have collected from you.
Opt-out of sales. You can opt-out of any sale of your Personal Information.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

How to exercise your rights

You may submit requests to exercise your California privacy rights described above as follows:

Right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion by:
- visiting https://catalystblack.zendesk.com/hc/en-us/requests/new
- emailing privacy@superevilmegacorp.com
Notice of right to opt-out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to users of our mobile games as described in the Interest-based advertising section above. While we do not “sell” Personal Information in the conventional sense, our use of these services may constitute a statutory “sale” of Personal Information to the providers of those services for purposes of the CCPA. You can request to opt-out out of this “sale” of your Personal Information by de-selecting the option beginning with “Allow us and our partners to collect user data to make the ads you see more relevant” in the in-game options menu, disabling permission to track your device in your iOS privacy settings if you have an Apple device, or deleting your advertising ID in your privacy settings if you have an Android device. .

We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to log into your Super Evil account (if applicable), provide government identification, give a declaration as to your identity under penalty of perjury and/or provide additional information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request. Authorized agents are required by California law to implement and maintain reasonable security procedures and practices to protect their clients’ information.

Personal information that we collect, use and disclose

The chart below describes our practices regarding the collection and disclosure of Personal Information currently and during the 12 months preceding the effective date of this Privacy Policy by reference to the categories of Personal Information specified in the CCPA. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

Statutory category of personal information (PI) (Cal. Civ. Code § 1798.140)	PI we collect in this category (See Personal information we collect above for description)	Source of PI	Business/ commercial purpose for collection	Categories of third parties to whom we “disclose” PI for a business purpose	Categories of third parties to whom we “sell” PI
Identifiers	Contact data Profile data	You Third-party sources	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
California Customer Records (as defined in California Civil Code section 1798.80)	Contact data Profile data Research data Payment and transactional data User generated content Marketing data	You Third-party sources	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
Commercial Information	Payment and transactional data Marketing data Online activity data	You Third-party sources Automatic collection	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
Financial Information	Payment and transactional data	You	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Professional advisors Payment processors Other users and the public	None
Online Identifiers	Profile data Device data In-game data	You Third-party sources Automatic collection	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
Internet or Network Information	Marketing data Device data Online activity data	Automatic collection	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
Geolocation Data	Device data	Automatic collection	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors Payment processors Other users and the public	Advertising partners (to facilitate online advertising)
Inferences	May be derived from your: Contact data Profile data Payment and transactional data Marketing data User-generated content Device data Online activity data In-game data	N/A	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Professional advisors	Advertising partners (to facilitate online advertising)
Sensory Information	User generated content Communications Research data	You	Service delivery Research & development Marketing & advertising Compliance & protection	Affiliates Advertising partners Third parties designated by you Business and marketing partners Other users and the public	No
Professional or Employment Information	Job application data	You	Manage recruiting and process job applications Compliance & protection	Affiliates Professional advisors	No

12. SUPPLEMENTAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), and access the Service, this notice applies to you..

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. Super Evil Mega Corp. Inc. is the controller of your personal information.

EU representative and UK representative. Our EU and UK representative is:

Data Protection Representative Limited (also known as DataRep)

If you want to raise a question to Super Evil Mega Corp., or otherwise exercise your rights in respect of your personal data, you may do so by:

sending an email to DataRep at superevilmegacorp@datarep.com,
contacting us on our online webform at www.datarep.com/superevilmegacorp, or
mailing your inquiry to DataRep at the most convenient of the addresses in the subsequent pages.

PLEASE NOTE: when mailing inquiries, it is ESSENTIAL that you mark your letters for ‘DataRep’ and not ‘Super Evil Mega Corp.’, or your inquiry may not reach us. Please refer clearly to Super Evil Mega Corp. in your correspondence. On receiving your correspondence, Super Evil Mega Corp. is likely to request evidence of your identity, to ensure your personal data and information connected with it is not provided to anyone other than you.

Country	Address
Austria	DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
Belgium	DataRep, Place de L’Université 16, Louvain-La-Neuve, Waals Brabant, 1348, Belgium
Bulgaria	DataRep, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria
Croatia	DataRep, Ground & 9th Floor, Hoto Tower, Savska cesta 32, Zagreb, 10000, Croatia
Cyprus	DataRep, Victory House, 205 Archbishop Makarios Avenue, Limassol, 3030, Cyprus
Czech Republic	DataRep, IQ Ostrava Ground floor, 28. rijna 3346/91, Ostrava-mesto, Moravska, Ostrava, Czech Republic
Denmark	DataRep, Lautruphøj 1-3, Ballerup, 2750, Denmark
Estonia	DataRep, 2^nd Floor, Tornimae 5, Tallinn, 10145, Estonia
Finland	DataRep, Luna House, 5.krs, Mannerheimintie 12 B, Helsinki, 00100, Finland
France	DataRep, 72 rue de Lessard, Rouen, 76100, France
Germany	DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany
Greece	DataRep, 24 Lagoumitzi str, Athens, 17671, Greece
Hungary	DataRep, President Centre, Kálmán Imre utca 1, Budapest, 1054, Hungary
Iceland	DataRep, Kalkofnsvegur 2, 101 Reykjavík, Iceland
Ireland	DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland
Italy	DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio, 00144, Italy
Latvia	DataRep, 4th & 5th floors, 14 Terbatas Street, Riga, LV-1011, Latvia
Liechtenstein	DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
Lithuania	DataRep, 44A Gedimino Avenue, 01110 Vilnius, Lithuania
Luxembourg	DataRep, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre, Luxembourg
Malta	DataRep, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta
Netherlands	DataRep, Cuserstraat 93, Floor 2 and 3, Amsterdam, 1081 CN, Netherlands
Norway	DataRep, C.J. Hambros Plass 2c, Oslo, 0164, Norway
Poland	DataRep, Budynek Fronton ul Kamienna 21, Krakow, 31-403, Poland
Portugal	DataRep, Torre de Monsanto, Rua Afonso Praça 30, 7th floor, Algès, Lisbon, 1495-061, Portugal
Romania	DataRep, 15 Piaţa Charles de Gaulle, nr. 1-T, Bucureşti, Sectorul 1, 011857, Romania
Slovakia	DataRep, Apollo Business Centre II, Block E / 9th floor, 4D Prievozska, Bratislava, 821 09, Slovakia
Slovenia	DataRep, Trg. Republike 3, Floor 3, Ljubljana, 1000, Slovenia
Spain	DataRep, Calle de Manzanares 4, Madrid, 28005, Spain
Sweden	DataRep, S:t Johannesgatan 2, 4th floor, Malmo, SE – 211 46, Sweden
United Kingdom	DataRep, 107-111 Fleet Street, London, EC4A 2AB, United Kingdom

Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. If you have questions about the legal basis of how we process your personal information, contact us at privacy@superevilmegacorp.com.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Processing purpose (click link for details)	Legal basis
Service delivery: We need to process your personal information operate the Service, including managing your account or transactions, responding to your requests or inquiries, providing you with access to content or information you requested, etc.	Processing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service. Where we cannot process your personal information as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the Service you access and request.
Marketing and advertising: We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes.	Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business.
Research and development: We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.	These activities constitute our legitimate interests.
We may need to process your personal information for additional purposes, such as: To ensure access and maintenance of the Service, and to ensure their proper functioning For compliance, fraud prevention and safety For sharing your personal information with third parties as described in this Privacy Policy To disclose your personal information to a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets. For the collection of statistical information about the use of the Service To protect our interests as a company, for different purposes, such as: Enforcement of the Terms of Service Assess claims that any content violates the rights of third-parties Establishment or exercise our legal rights or defending against legal claims	We rely on our legitimate interests to process your personal information when performing these processing activities. We do not use your personal information for these purposes where our interests are overridden by the impact on you.
Compliance with legal obligations: We are subject to certain legal obligations that may oblige us to disclose your personal information to courts, law enforcement or regulatory authorities.	Processing is necessary to comply with our legal obligations.
Actions we take with your consent: Allowing third party ad partners and Allowing third party ad partners and advertisers to use tracking technologies while you use the Service. Inviting you to participate on a voluntary basis to our surveys about the Service. Manage your job application.	In these scenarios, the processing of the personal information you voluntarily provide to us is based on your consent. Where we rely on your consent, you have the right to withdraw it any time in the manner indicated when you consent to the processing.

Special categories of data / Sensitive personal information

We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) through the Service or otherwise. If you do not consent to our processing and use of such sensitive personal information, you must not provide it to us.

Retention

We apply a general rule of keeping personal information only for so long as is required to fulfill the purpose for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes: (i) as long as it is necessary and relevant for our operations and to provide the Service, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and (ii) in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the Service terms and take other actions as permitted by law. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your rights

European data protection laws give you certain rights regarding your personal information. If you are located within the UK or EEA, you may ask us to take the following actions in relation to your personal information that we hold:

Information. You can obtain information about how and on what basis your personal information is processed and a copy of these information.
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information in limited circumstances where (i) you believe that it is no longer necessary for us to hold your personal information; (ii) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (ii) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (iv) where you believe the personal information we hold about you is being unlawfully processed by us.
Portability. Provide a structured, machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information where: (i) the accuracy of the personal information is contested; (ii) the processing is unlawful but you object to the erasure of the personal information; (iii) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim; or (iv) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
Withdraw consent. You have the right to withdraw your consent at any time where we rely on your consent to process your personal information.
Cross-Border Data Transfer. You can obtain a copy of or access safeguards under which your personal information is transferred outside of the EEA.

Direct marketing. If your personal information is processed for direct marketing purposes, you have the right to object at any time to the processing of personal information concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal information will no longer be processed for such purposes by us.

You may submit these requests by email to privacy@superevilmegacorp.com or our postal address provided above in the How to contact us section. We may request specific information from you to help us confirm your identity and process your request. We reserve the right to charge a fee where permitted by law. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Please note that the right of access and the right to delete do not constitute absolute rights and the interests of other individuals may restrict your right of access or deletion in accordance with local laws.

Cross-Border Data Transfer

We may transfer your personal information outside of the EEA and/or UK. Some of these recipients may be located in countries in respect of which either the European Commission and/or UK Government (as and where applicable) has issued adequacy decisions, in which case, the recipient’s country is recognized as providing an adequate level of data protection under UK and/or European data protection laws (as applicable) and the transfer is therefore permitted under Article 45 of the GDPR.

Some recipients of your personal data may be located in countries outside the EEA and/or the UK for which the European Commission or UK Government (as and where applicable) has not issued adequacy decisions in respect of the level of data protection in such countries (“Restricted Countries“). For example, the United States is a Restricted Country. Where we transfer your personal information to a recipient in a Restricted Country, we will either:

enter into appropriate data transfer agreements based on so-called Standard Contractual Clauses approved from time-to-time under GDPR Art. 46 by the European Commission, the UK Information Commissioner’s Office or UK Government (as and where applicable); or
rely on other appropriate means permitted by the EEA/UK GDPR, which establish that such recipients will provide an adequate level of data protection and that appropriate technical and organizational security measures are in place to protect personal information against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.

You may ask for a copy of such appropriate data transfer agreements, where applicable, by contacting us using the contact details above.

Privacy Shield

Super Evil complies with the requirements of the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use and retention of personal information from the European Union (“EU”) and United Kingdom to the United States (collectively “Privacy Shield”). However, Super Evil does not rely on the Privacy Shield as a legal basis for transfers of personal data in light of the judgment of the Court of Justice of the EU in Case C-311/18.

Super Evil has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If third-party agents process personal information on our behalf in a manner inconsistent with the Privacy Shield Principles, we remain liable unless we prove we are not responsible for the event giving rise to the damage. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

In certain cases, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you feel that we are not abiding by the terms of this Privacy Policy, or are not in compliance with the Privacy Shield Principles, please contact us or our EU representative. In addition, we have agreed to refer unresolved Privacy Shield complaints to the JAMS Privacy Shield Dispute Resolution Program (“JAMS”), a dispute resolution provider which has locations in the United States and EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit JAMS at the following link for more information or to file a complaint: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. The services of JAMS are provided at no cost to you. You may also have a right, under certain conditions described on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint), to invoke binding arbitration under Privacy Shield. The United States Federal Trade Commission has jurisdiction over Super Evil’s compliance with the Privacy Shield.

Terms Of Use Agreement

Last Modified: September 8, 2014

Vainglory™ (the “Game”) is a free-to-play, session-based, multiplayer online battle arena game developed and operated by Super Evil MegaCorp (“Super Evil”). For purposes of this Agreement (defined below), “you” and “your” mean the user of the platform on which the Game will be or has been installed.

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “TERMS OF USE” OR "AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY PARTICIPATING IN THE GAME, OR BY USING THE HTTP://WWW.VAINGLORYGAME.COM OR HTTP://FORUMS.VAINGLORYGAME.COM WEBSITES AND RELATED WEBPAGES (THE “SITE”), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.

I. LIMITED USE LICENSE

The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. In addition to this Agreement. The Site, and the Game (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Super Evil, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.

II. REQUIREMENTS

In using the Site, and/or by clicking “accept” when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.

III. ACCOUNT INFORMATION

A. General. While some elements of the Site and the Game may be generally accessed by the public, certain aspects of the Site and the Game (e.g. posting in the Forums, as defined below) require you to create an Account by providing Super Evil with certain personal information, specifically, your email address and date of birth. You agree that you will supply accurate and complete information to Super Evil, and that you will update that information promptly after it changes. The information will be used by Super Evil for a variety of internal purposes, including without limitation, to maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Super Evil reserves the right to terminate this Agreement, your Account, and/or your use of the Game. Please note that in utilizing certain areas of the Site or the Game, you will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method.

B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Super Evil rules, policies, notices and/or agreements.

THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES SUPER EVIL KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO SUPER EVIL.

C. Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, “Login Credentials”), which you will use each time you access the Game using your Account. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Super Evil immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.

D. Account Sales. The Account supplied to you is personal to you, and Super Evil does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Super Evil) may result in suspension or termination of your Account.

E. Suspension/Termination.

1. By Super Evil. SUPER EVIL RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, Super Evil may stop offering and/or supporting the Game at any time. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violation of this Agreement. Accounts terminated by Super Evil shall not be reinstated under any conditions whatsoever.

2. By You. You may terminate your Account at any time, for any reason or no reason, by contacting Super Evil at support@superevilmegacorp.com.

IV. OWNERSHIP

A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned by Super Evil or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. Super Evil and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Super Evil. Additionally, except as otherwise set forth in this Section IV.A, Super Evil does not authorize you to make any use whatsoever of any Super Evil trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Super Evil Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.

B. Game Assets, Virtual Items. When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Super Evil as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that Super Evil has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Super Evil does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Super Evil, including without limitation the Game Assets associated with your Account.

C. Unsolicited Idea Submissions. Super Evil values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Super Evil nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Super Evil or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Super Evil’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Super Evil or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Super Evil and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Super Evil as specified above are valid, effective and enforceable. You also give up any claim that any use by Super Evil and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

V. CODE OF CONDUCT

While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Super Evil reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:

A. Impersonating any person, business, or entity, including an employee of Super Evil, or communicating in any way that makes it appear that the communication originates from Super Evil;

B. Posting identifying information about yourself, or any other user, to the Site or within the Game;

C. Harassing, stalking, or threatening any other users in the Game;

D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Super Evil contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;

E. Transmitting or communicating any content which, in the sole and exclusive discretion of Super Evil, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;

G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

H. Participating in any action which, in the sole and exclusive judgment of Super Evil, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;

I. Participating in any action which, in the sole and exclusive judgment of Super Evil, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”

J. Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Super Evil and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;

K. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;

L. Selecting a name that is falsely indicative of an association with Super Evil, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices. Super Evil may modify any name which, in the sole and exclusive judgment of Super Evil, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or

VI. USER CONTENT

A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings.

You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant Super Evil from the time of uploading or transmission of the Content through any channel, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant Super Evil as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to Super Evil and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to Super Evil as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Super Evil and Super Evil will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.

B. Consent to Monitoring. Super Evil does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Super Evil does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Super Evil has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Super Evil also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Super Evil; (iv) where someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Super Evil and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.

C. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Super Evil. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Super Evil neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Super Evil. Super Evil is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Super Evil be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Super Evil reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

VII. UPDATES AND MODIFICATIONS

A. Agreement. Super Evil reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If at any time you do not agree with any portion of the then-current version of a particular Super Evil policy, including but not limited to this Agreement, you must immediately stop using the Properties.

B. The Properties. In an effort to improve the Properties, you agree that Super Evil may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, including purchased or unlockable content, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not Super Evil, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.

VIII. LINKS

The Site may contain links to websites operated by other parties. Super Evil provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Super Evil, and Super Evil is not responsible for the content available on the other sites. Such links do not imply endorsement by Super Evil of information or material on any other site, and Super Evil disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Super Evil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Super Evil’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Super Evil; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Super Evil reserves the right to revoke its consent to the link at any time and in its sole discretion.

IX. FEES

Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Super Evil. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Super Evil may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Super Evil may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Super Evil, your Account may be closed without warning or notice at the sole discretion of Super Evil.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA) If you are a copyright owner or agent thereof and believe that content posted on the Site by a Super Evil user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Super Evil Copyright Agent with the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

B. A description of the copyrighted work that you claim has been infringed;

C. The URL of the location on the Super Evil Site containing the material that you claim is infringing;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Super Evil’s Copyright Agent can be reached by mail at: Super Evil Mega Corp, 400 1st Avenue, San Mateo, CA 94401, ATTN: Copyright Agent; or by email at: support@superevilmegacorp.com. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Super Evil may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

XI. WARRANTY DISCLAIMER

THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPER EVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SUPER EVIL DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XII. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPER EVIL FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT. Super Evil reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Super Evil in asserting any available defenses.

XIII. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Super Evil BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Super Evil KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Super Evil BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Super Evil FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Super Evil shall be limited to the fullest extent permitted by applicable law.

XIV. EQUITABLE REMEDIES

You hereby acknowledge and agree that Super Evil would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Super Evil shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW

A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Super Evil agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). Super Evil will send its notice to the address it has on file to the extent that you have provided additional contact information to Super Evil (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, Super Evil will send its notice to the email address associated with your Account. You will send your notice to Super Evil Mega Corp 400 1st Avenue, San Mateo, CA 94401, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

B. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Super Evil may elect to have the Claim (except as otherwise provided in Section XV.F) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV.B and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV.B will control and prevail.

Except as otherwise set forth in Section XV.F, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Super Evil will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Super Evil may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Super Evil ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

C. Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Super Evil will pay all arbitration fees and expenses.

D. Location. The arbitration will take place in your hometown area if you so notify Super Evil in your notice of arbitration or within ten (10) days following receipt of Super Evil’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Mateo, California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

E. Limitations. You and Super Evil agree that any arbitration shall be limited to the Claim between Super Evil and you individually. YOU AND Super Evil AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

F. Exceptions to Negotiations and Arbitration. You and Super Evil agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Super Evil’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.

G. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.

H. Severability. You and Super Evil agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor Super Evil will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

XVI. TERMINATION

This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Super Evil may terminate this Agreement at any time for any reason or for no reason. Termination by Super Evil will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Super Evil at support@superevilmegacorp.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

XVII. MISCELLANEOUS

A. Assignment. Super Evil may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Super Evil’s prior written consent, and any unauthorized assignment by you shall be null and void.

B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Super Evil for any other reason, please contact Super Evil support at support@superevilmegacorp.com, or visit the “support” tab on the Site.

C. Entire Agreement. This Agreement represents the complete agreement between you and Super Evil concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Super Evil.

D. Force Majeure. Super Evil shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Super Evil, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Super Evil’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

E. Location. The Site and the Game are operated by Super Evil in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls.

F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Super Evil as a result of this Agreement or your use of the Site or the Game.

G. No Waiver. Super Evil’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Super Evil of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Super Evil Mega Corp at 400 1st Avenue, San Mateo, CA 94401.

I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT SELECTING THE “ACCEPT” BUTTON BELOW AND/OR YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. PERSONAL INFORMATION WE COLLECT

2. HOW WE USE YOUR PERSONAL INFORMATION

3. HOW WE SHARE YOUR PERSONAL INFORMATION

4. YOUR CHOICES

5. OTHER SITES AND SERVICES

6. SECURITY

7. INTERNATIONAL DATA TRANSFER

8. CHILDREN

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10. HOW TO CONTACT US

11. CALIFORNIA PRIVACY RIGHTS NOTICE

How to exercise your rights

Personal information that we collect, use and disclose

12. SUPPLEMENTAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

Special categories of data / Sensitive personal information

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Terms Of Use Agreement

I. LIMITED USE LICENSE

II. REQUIREMENTS

III. ACCOUNT INFORMATION

IV. OWNERSHIP

V. CODE OF CONDUCT

VI. USER CONTENT

VII. UPDATES AND MODIFICATIONS

VIII. LINKS

IX. FEES

XI. WARRANTY DISCLAIMER

XII. INDEMNIFICATION

XIII. LIMITATION OF LIABILITY

XIV. EQUITABLE REMEDIES

XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW

XVI. TERMINATION

XVII. MISCELLANEOUS

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