Terms & Conditions | Privacy Policy

Terms of Service

Article I) User Terms

1) General Terms of Service and Guidelines; Acceptance
All use of GameCrush.com (“GameCrush”), its web site (the “Site”) and any free or subscription Services offered by GameCrush, including but not limited to: use and/or ownership of any chat rooms on GameCrush, use of GameCrush discussion boards, or any game, or other product or Service (Collectively the “Service”) are subject to the terms of this Agreement and the policies, Agreements and instructions for the use of this Agreement and the policies herein and/or on the web site and posted by GameCrush, are hereby incorporated herein and are referred to as the “Agreement.” The term “User” includes any person or entity ordering and/or using the Service, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the Service.
You must be 18 or over to register as a member of or use this Site. Membership in the Service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using the Site.
Any User, by ordering and/or using the GameCrush Services agrees to be bound by the terms and conditions of this Agreement. If the person or entity ordering or using this Service is acting on behalf of another person or entity, he/she represents and warrants that he/she has the power and authority to use the Service and to enter into this Agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.

2) Content and Monitoring
All Users agree to be bound by the terms and conditions of this Agreement and acknowledge and accept that:
Each User is solely responsible for his or her content when using the Service, whether or not it is monitored and/or removed from the Service by GameCrush. You agree that any content in a User's greeting and/or message associated with such User's use of the Service (the "Content") may be monitored and subsequently removed from the Service if, in GameCrush’s sole discretion, any such Content is found to be offensive, illegal, appears harmful or threatening to another User, or violates the rights of another User or the terms and conditions of this Agreement. GameCrush reserves the right to monitor all messages, postings, and audio and video recordings from time to time to ensure that they conform to the content guidelines which may be applicable.
However, each User understands and agrees that GameCrush does not itself verify the qualifications of any Users. Users must use their own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to GameCrush. GameCrush cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, GameCrush cannot always confirm that each User is whom they claim to be or that they can deliver Services or make payments. GameCrush cannot control the information provided by Users. Users’ information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the Service.
Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. You should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If you have a medical or psychiatric emergency, call your physician or 911 immediately. GameCrush is not a referral Service and GameCrush does not endorse or recommend the use of any professional Services. You must use your judgment to determine when it is necessary to consult with a provider who is local, licensed in your state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise you, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or for high risk activities.

3) Modification and Termination
GameCrush reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users’ access to the Service, without notice to Users.
Without limiting other remedies, GameCrush may immediately issue a warning, temporarily suspend, indefinitely suspend your use of the Service and refuse to provide our Services to you for any reason, including without limitation, violation of any one or more of GameCrush’s User conduct standards described in paragraph 5 below or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if GameCrush is unable to verify or authenticate any information you provide to GameCrush; or (3) if GameCrush believes that your actions may cause legal liability for you, our Users, or to GameCrush. Such termination or suspension of Services may be without refund, at GameCrush’s sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING GameCrush’s POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.

4) Eligibility and Security
Authorized use of the Service is available only to persons who are at least 18 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, GameCrush does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens.
Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User’s password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User’s account, password or any personally identifiable information.

5) Information
User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, billing and credit card information and all other personally identifiable information provided by the User. Users agree that GameCrush may use this information as described in GameCrush’s Privacy Policy. Users may not share, or transfer paid membership accounts.

6) User Conduct
USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
If GameCrush has notice that a User has violated this term of User, GameCrush may, in its sole discretion, either (1) warn the User that the User is in violation of this term of the Agreement, (2) remove the material from our site or (3) terminate the User's access to the Service without warning.
a) User shall not (i) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code or (ii) modify or attempt to modify the Service in any manner or form.
b) User will not take any actions, which may undermine the integrity of the User referral system, or the User feedback system used to solicit feedback from Users.
c) User will not create obscene, profane, threatening, defamatory, or hateful User screen names, room names, topic names, welcome messages, or comments in any area of the Service.
d) User will not solicit Credit Card numbers for goods or Services, nor engage in any commercial activity on the Service which GameCrush has not expressly, and previously authorized.
e) User will not solicit for advertisers or sponsors.
f) User will not display advertising or sponsorships of any kind on GameCrush message boards or in other Service areas, including banners that are generated by banner or link exchange Services, with the sole exception of those placed there by GameCrush or its affiliates;
g) User will not interfere with the operation of any official help boards, chats, or other Services, or impede the ability of GameCrush employees to perform their duties.
h) User shall (i) use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations; (ii) not interfere with the use and enjoyment of the Service by other Users; (iii) not interfere with or disrupt the Service or sources or networks connected to the Service; (iv) shall comply with all requirements, procedures, policies and regulations posted on the Service by GameCrush from time to time and/or any networks connected to the Service; (v) not use the Service in a manner which may result in the breach of any Agreement by User with any third party; (vi) will not transmit through the Service any unlawful, harassing, defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening, harmful, misleading, obscene or otherwise objectionable material of any kind; (vii) not use the Service for the placing of wagers or bets or other gambling activity; (viii) not use the Service in a manner that promotes or contributes to the delinquency of a minor or solicit a minor in any way through the Service; (ix) not attempt to gain unauthorized access to other computer systems or networks connected to the Site; x) not transmit “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email or bulletin board postings; (xi) not use any information or material on this site for marketing or solicitation; (xii) not transmit broad solicitation for employees, consultants, contractors or for participation on their Web sites; (xiii) not use Service for purposes of multi-level marketing proposals, for example, offering to help participants “get rich quickly”, “lose weight now” or “make money surfing the Web,” and (xiv) not transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from our Users, our Employees, or the system itself.

7) Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of GameCrush, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GameCrush’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.

8) User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that GameCrush may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of GameCrush violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to GameCrush.

9) Refunds:
Unless otherwise provided by law or in connection with any particular Service offer, all charges are non-refundable and the costs of any returns of goods will be at your expense.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GameCrush an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. GameCrush does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

 

 

Article II) Representations, Warranties and Acknowledgments

1) Warranty Disclaimer
THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. GameCrush EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

2) Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GameCrush BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY GameCrush, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER’S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.

3) Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against GameCrush and its employees and agents from any and all liability for claims, damages (actual and consequential). Costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

4) Services
GameCrush reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the Service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. GameCrush will announce any change in the price of the program on its website prior to any such change taking effect.
If ordering merchandise and/or Services from anyone other than GameCrush, through any commercial Service offered via an official GameCrush  partnership or affiliate, via GameCrush , all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or Services. GameCrush makes no warranties or representations whatsoever with regard to any goods or Services provided by the seller of the merchandise or Services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or Services or from the actions or inactions of the Seller.

5) Copyrights and Copyright Agent
GameCrush has adopted and implemented a policy that provides for the termination of Services in appropriate circumstances of Users who infringe on copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GameCrush with the following information required under 17 U.S.C. s. 512;

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and;
• Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GameCrush to locate the material;
• Information reasonably sufficient to permit GameCrush to contact the complaining party, such as an electronic email address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

6) Third Party Sites; Advertisers.
The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through GameCrush's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. GameCrush does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. GameCrush does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.

7) No Assignment
User shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GameCrush. Any such proposed assignment or delegation by User without the appropriate prior written consent of GameCrush will be null and void and of no force or effect, unless otherwise expressly consented to by GameCrush at its sole and absolute discretion.

8) Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement, each User shall be and act as an independent contractor and not as partner, venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.

9) Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. GameCrush’s failure to act with respect to a breach by User or others does not waive GameCrush’s right to act with respect to subsequent or similar breaches. The failure of GameCrush to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Agreement is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Services. This Agreement constitutes the entire Agreement between GameCrush and User with respect to the subject matter hereof.
GameCrush may, at any time, modify any of the terms and conditions contained in this Agreement by posting such changes on the GameCrush web site. If you do not agree to the changes, your only remedy is to discontinue use of this web site.

Privacy Policy

GAMECRUSH.COM IS COMMITTED TO YOUR PRIVACY

We value your patronage and respect your privacy rights. As part of the normal operation of our services, we collect and, in some cases, may disclose information about you. We have created the following Privacy Policy to let you know what information we collect when you visit our web site, why we collect it, and how it is used. This Privacy Policy applies to all information that you provide to GameCrush.com ("us," "we," or "our") and that we maintain electronically, whether you provide the information through our website located at (the "Site"), or through other means. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Site. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other sites linked to this Site. You should contact such third parties directly to determine their respective privacy policies. This Privacy Policy is governed by our Terms and Conditions. We may periodically make changes to this Privacy Policy. Minor changes to this Policy may be made without notice. However, we will notify you of any major changes to this Policy through email to the email address recorded in your profile. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding this Privacy Policy, please contact us at privacy@gamecrush.com

SPECIAL NOTE ABOUT CHILDREN
In order to be eligible to use the Site, You must be at least eighteen (18) years of age or older (or have reached the age of majority in Your Jurisdiction. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our site under the age of 13 not to disclose or provide any Personal Information on our Site. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in accordance with the Children's Online Privacy Protection Act (please see the Federal Trade Commission's website at www.ftc.gov/kidzprivacy for more information about this Act), we will delete the child's Personal Information from our files to the extent technologically possible.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. "Personal Information" is information about you by which you may be identified. We currently collect Personal Information through e-mail and the various online inquiry forms on the Site. The Personal Information we collect and maintain about you includes:

• Your name
• Your phone number
• Address (street and e-mail)
• Date of birth
• Gender
• Your Time Zone
• Console Device ‘Gamertags’ or ID
• Other information submitted by you in your personal profile
• Financial transaction information including Credit Card and/or Pay-Pal informatione

We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We also use your Personal Information for other things that may include, but are not limited to, the following:

• Your name
• Your phone number
• Address (street and e-mail)
• Date of birth
• Contacting You We communicate primarily via e-mail. We reserve the right to contact you regarding Personal Information, such as deposit confirmations, password reminders, and technical support. We also may notify you to share special promotions, events and policy changes. When you submit a bug, suggestion, complaint, question, or any other e-mail correspondence, we ask for your e-mail address and if applicable, other contact information. In addition, we reserve the right to notify you about important functionality changes to the Site, as well as new services and special offers you may find valuable.
• Correspondence We intend to retain any correspondence, including facsimiles, mail and e-mails, set to us. We also may retain correspondence such as customer service e-mails and instant message chat dialog. We may also delete such records over time. • Interactions Each time you interact with our Site, the details of your interaction are collected and retained.
• Marketing Data You may have the opportunity to participate in demographic surveys and other marketing inquiries in an effort to further improve the use of the Site. Participation in these efforts is voluntary.
• Use of IP Address IP addresses are numbers that are automatically assigned to your computer, and, if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for our internal tracking purposes.
• Use of Cookies Cookies are a standard technology used by commercial web services to store small pieces of information on your hard drive by sending a small string of text to your browser. They make your use of this Site more pleasing and efficient by "personalizing" your Site experience and gathering Site statistical data, such as which parts of the Site you have previously visited, what material you downloaded, your Internet provider's domain name and country, and the addresses of websites you visited immediately before and after our Site. They enable us to tailor the information you receive and to assist our Partners or other third party organizations with whom we have strategic alliances by identifying you as our customer or Site user. Most web browsers automatically accept cookies, unless you have configured yours not to accept them. In order for us to provide you with services on our Site, your browser must accept cookies, as they are essential for site administration and security. We do not use cookies either to collect individually identifiable information or to collect non-individually identifiable information using a cookie that is combined with a personal identifier. Some of our advertising is placed by agencies that may use cookies of their own. However, the use of such cookies is governed by according to such party's own privacy rules.

WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
"General Information" is information about you or your activities on our Site that do not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, you geographic location and your movement and activity within a particular website. We collect the same information on our Site. We use this General Information to generate statistics about visitors to our Site.

HOW WE USE YOUR INFORMATION
The information we collect is used to (i) to respond to your inquiries; (ii) provide customer services and resolve any complaints; (iii) improve the Site and service and resolve any technical problems; (iv) communicate with you concerning the services offered on the Site by us or any of our Partners; (v) cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (vi) create and share aggregated statistical and demographic data with our affiliates, Partners or for public relations (this aggregated information is not tied to Personal Information); (vii) ensure compliance with the Site Terms and Conditions and other agreements; and (viii) comply with any applicable laws and regulations. We may provide your information to government officials and agencies as required by law, and Partners as part of business operations, transaction processing, and marketing efforts, as identified below. For purposes of this Privacy Policy, "Partner" shall mean subsidiaries we control that either are subject to this Privacy Policy or are under an obligation to us to use reasonable care to keep Personal Information confidential.

DISCLOSURE OF INFORMATION WE COLLECT
Except as provided in this Privacy Policy, we will not sell, trade, or disclose to third parties any Personal Information obtained by us through this Site or from our Partners about you, without your consent. We may disclose Personal Information (i) to companies that help process the transactions you request, in order to protect your transactions from fraud and verify your identity; (ii) that we in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose us or you to legal liability, or to conduct investigations of violations of the Site Terms of Use; (iii) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (iv) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (v) to protect and defend us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and Partners, in connection with any legal action, claim or dispute; (vi) to prevent imminent physical harm; (vii) to share aggregated statistical or demographic data with our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); (viii) to provide data, including Personal Information about you, with our parent, affiliates, subsidiaries and Partners; (ix) to sell or otherwise provide to third parties in the event of a bankruptcy or liquidation; and (x) to sell or otherwise provide to third parties in the event of a future merge or acquisition by another company. In the event we merge or are acquired by another company, the successor company will have access to your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled "Changes to this Privacy Policy" below.

HOW WE PROTECT INFORMATION WE COLLECT
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. To protect the security of your information during the transmission we use SSL ("Secure Sockets Layer") software, which encrypts your information. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. Although no computer system is completely secure, we believe the measures implemented on our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.

HOW LONG WE KEEP USER INFORMATION
We generally keep user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely. Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.

PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If you do not want us to share your Personal Information with our Partners for marketing purposes, or if you do not want to receive certain communications and offers from us you can "opt out" of such sharing, communications and offers by emailing us at privacy@gamecrush.com.

You may also write us at:

GameCrush.com, LLC
c/o Alex Austin
799 Castro Street
San Francisco, CA 94114

If you believe that any Personal Information collected by us about you is not correct or has changed, please send an e-mail message to privacy@gamecrush.com explaining the correction or change and providing any relevant confirmation or reference number.

CHANGES TO THIS PRIVACY POLICY
By using this Site, you agree to this Privacy Policy. We reserve the right to change, modify or amend this Privacy Policy at any time. When this Privacy Policy is changed, modified or amended, the revised Privacy Policy will be posted on this Site. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy. It is your responsibility to periodically check and review our Privacy Policy for changes.

IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about this Site, please email:

Customer Service at privacy@gamecrush.com

Or write to:
GameCrush.com, LLC
c/o Alex Austin
799 Castro Street
San Francisco, CA 94114