Terms of Service

This Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online game, service or web site ("GFACE Services") offered by GFACE GmbH or any its subsidiaries and affiliates (collectively, "GFACE"). Please read the Supplemental Terms that are contained in section 18 onwards of this document. Supplemental Terms and GFACE Privacy Policy are an integral part of this Terms of Service and incorporated into this document by reference. You can find the GFACE Privacy Policy at www.gface.com/privacy.

You agree to check www.gface.com/terms periodically for new information and terms that govern your use of GFACE Services. GFACE may modify the Terms of Service at any time. GFACE will inform you about revisions to the Terms of Service by email and/or by a notice on our home page and/or during log in. Revisions to terms affecting existing GFACE Services shall be effective thirty (30) days after posting at www.gface.com/terms. Terms for new GFACE Services are effective immediately upon posting at www.gface.com/terms.

1. GFACE Account

A GFACE Account ("Account") may be required to access and use some GFACE Services. If you have questions about Account registration, please contact us by visiting www.gface.com/support. To create a GFACE Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the GFACE Service for which you are registering. Some GFACE Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or contains brand names, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. GFACE will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Privacy and Data Collection

Your privacy is important to us. Please read GFACE's Privacy Policy carefully for information relating to GFACE's collection and use of personal information. You can find GFACE's Privacy Policy at www.gface.com/privacy. You understand, acknowledge and agree that public communications on GFACE Services are not private or confidential, and may be viewed and used by others accessing the GFACE Services.

3. Content

"Content" on GFACE Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of GFACE Services. GFACE does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to GFACE Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on GFACE Services.

GFACE reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in GFACE's sole and final discretion. To the maximum extent permitted by applicable law, GFACE does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content. You are solely responsible for your Content and may be held liable for Content that you post.

4. Intellectual Property Rights

Content on GFACE Services is owned by GFACE or GFACE's third party licensors and is protected by German and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a GFACE Service unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. GFACE reserves all rights in GFACE owned and licensed Content that are not expressly granted to you in this Terms of Service. Making unauthorized copies of Content found on GFACE Services may result in the termination of your GFACE Account(s), prohibition on use of GFACE Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless GFACE from any unauthorized or illegal conduct by you, or through the use of your Account, on GFACE Services.

5. Contributing Third Party Content to GFACE Services

GFACE respects the intellectual property rights of others. You must have the legal right to upload Content to GFACE Services. You may not upload or post any Content on GFACE Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. GFACE may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of GFACE's or a third party's intellectual property rights, GFACE may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).

6. Contributing Your Own Content to GFACE Services; License Grant to GFACE and Others

In exchange for GFACE enabling your contribution of Content, when you contribute Content to an GFACE Service, you expressly grant to GFACE a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant GFACE all licenses, consents and clearances to enable GFACE to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the GFACE Service on which you contribute Content permits other users to access and use that contributed Content as part of the GFACE Service, than you also grant all other users of the relevant GFACE Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant GFACE Service without further notice, attribution or compensation to you.

7. Paid Services

Some GFACE Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit www.gface.com/support for further information. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. GFACE reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an GFACE Service, GFACE will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the GFACE Service. You are responsible for reviewing the GFACE Service to obtain timely notice of such changes. Your continued use of the GFACE Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but GFACE will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of GFACE Services is subject to use or sales tax, then GFACE may also charge you for any such taxes, in addition to the subscription or other fees. For further information please contact us by visiting www.gface.com/support.

A. Payment Options. You may pay fees using the methods available for the particular GFACE Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by GFACE Service. When you provide credit card or other payment information to GFACE, you represent to GFACE that you are the authorized user of the credit card or other payment method. By agreeing to the GFACE Terms of Service you have agreed to permit GFACE to automatically renew your subscription to a GFACE Service by charging a valid credit card number which you have provided to GFACE. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than GFACE's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify GFACE if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at www.gface.com/support. If you fail to provide GFACE any of the foregoing information, you agree that GFACE may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. GFACE reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to GFACE. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information please contact us by visiting www.gface.com/support. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

B. Trial Subscriptions. For some GFACE Services, GFACE may offer a free trial subscription. If you accept a free trial subscription, GFACE will begin to bill your Account for that GFACE Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using GFACE Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.

C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to GFACE. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

8. Termination of GFACE Services and Accounts

GFACE may terminate any GFACE Service at any time by giving you notice of such termination within the time period specified when you joined the particular GFACE Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable GFACE Service. GFACE may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of GFACE Services, products, or GFACE's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, GFACE may terminate all of your Accounts and all related entitlements. GFACE may issue you a warning, or GFACE may immediately terminate any and all Accounts that you have established. You acknowledge that GFACE is not required to provide you notice before terminating your Account(s). If GFACE terminates your Account, you may not participate in a GFACE Service again without GFACE's express permission. To participate in a GFACE Service, please contact us at www.gface.com/support. GFACE reserves the right to refuse to keep Accounts for, and provide GFACE Services to, any individual. You may not allow individuals whose Accounts have been terminated by GFACE to use your Account.

If your Account, or a particular subscription for a GFACE Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular GFACE Service (such as points, tokens or other digital items).

9. Cancellation of your Closed Beta Account

You have the right to cancel your Account or a particular subscription to a GFACE Service at any time. You have the possibility to cancel your Account by navigating to www.gface.com/support and following the instructions. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use GFACE Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with GFACE, including any dispute related to, or arising out of: (1) any term of this Terms of Service or GFACE's enforcement or application of this Terms of Service; (2) the Content available through GFACE Services or any change in Content provided through GFACE Services; (3) your ability to access and/or use GFACE Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for GFACE Services. GFACE reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a GFACE Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with GFACE Services must be settled before you establish a new GFACE Account. After you cancelled your Account, GFACE removes all your content from display.

10. Rules of Conduct.

You may violate the Terms of Service if you:

  • Post, transmit, promote, or distribute Content that is illegal.
  • Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
  • Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
  • Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
  • Impersonate another person (including celebrities); indicate falsely that you are a GFACE employee or a representative of GFACE, or attempt to mislead users by indicating that you represent GFACE or any of GFACE's partners or affiliates.
  • Attempt to get a password, account information, or other private information from anyone else on GFACE Services.
  • Upload any software or Content that you do not own or have permission to freely distribute.
  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
  • Upload files that contain a virus or corrupted data.
  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
  • Improperly use in-game support or complaint buttons or make false reports to GFACE staff.
  • Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
  • Modify any part of the GFACE service that GFACE does not specifically authorize you to modify.
  • Post or communicate any player's real-world personal information using a GFACE Service.
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a GFACE Service.
  • Use and communicate exploits to gain unfair advantage in a game.
  • Attempt to use GFACE Software on or through any service that is not controlled or authorized by GFACE.
  • Interfere with the ability of others to enjoy playing a GFACE Service or take actions that interfere with or materially increase the cost to provide a GFACE Service for the enjoyment of all its users.

Specific GFACE Services may also post additional rules that apply to your conduct on those services.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use GFACE Services. GFACE reserves the right to terminate your Account and to prevent your use of any and all GFACE Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to GFACE using the "Help" or "Report Abuse" functions in the relevant GFACE Service. While GFACE is in Closed Beta, follow the instructions on www.gface.com/support.

11. Software, Utilities and Tools

GFACE Services may require or allow you to download software, software updates or patches, or other utilities and tools from GFACE or its licensors onto your computer ("GFACE Software"). GFACE grants to you a non-exclusive, limited license to use GFACE Software solely for the purpose stated by GFACE at the time the GFACE Software is made available to you. If an End User License Agreement is provided with the GFACE Software, your use of the GFACE Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access GFACE Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from GFACE Software. You may not modify GFACE Software or use it in any way not expressly authorized in writing by GFACE. You understand that GFACE's introduction of various technologies may not be consistent across all platforms and that the performance of GFACE Software and related GFACE Services may vary depending on your computer and other equipment.

From time to time, GFACE may provide you with updates or modifications to GFACE Software. You understand that certain updates and modifications may be required in order to continue use the GFACE Software and GFACE Services.

12. Updates to GFACE Services

IMPORTANT: GFACE MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF GFACE SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. GFACE RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

13. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF GFACE SERVICES, GFACE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. GFACE SERVICES, GFACE SOFTWARE, GFACE'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GFACE PROVIDES GFACE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE GFACE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GFACE WILL HAVE ADEQUATE CAPACITY FOR GFACE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GFACE OR ITS LICENSORS IS TO STOP USING GFACE SERVICES, AND TO CANCEL YOUR GFACE ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT GFACE, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON GFACE SERVICES OR USE OF GFACE SOFTWARE. IN NO CASE SHALL GFACE OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, " GFACE AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GFACE FOR GFACE SERVICES. IN NO CASE SHALL GFACE OR GFACE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GFACE SERVICES, GFACE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GFACE SERVICES OR ACCOUNTS. 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, GFACE'S AND GFACE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. GFACE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH GFACE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Notwithstanding the foregoing, nothing contained in this Terms of Service limits GFACE's liability to you for fraudulent misrepresentations, death or personal injury caused by GFACE's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

14. Indemnification

Upon GFACE's request, you agree to defend, indemnify and hold harmless GFACE and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through GFACE Services. Without limiting the generality of the foregoing, you agree to indemnify and hold GFACE harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of GFACE Services and for all of your communication and activity on GFACE Services, including any Content you contribute, and that you will indemnify and hold harmless GFACE, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on GFACE Services, including any Content that you contribute.

GFACE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to GFACE in that matter. This Section shall survive termination of this Terms of Service.

15. Links to Third-Party Sites

GFACE Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. GFACE does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

16. General Terms

  • a. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the GFACE Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including GFACE 's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
  • b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of GFACE, and the remaining portions shall remain in full force and effect.
  • c. Waiver. The failure of GFACE to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by GFACE.
  • d. Governing Law. (i) The laws of Germany, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with GFACE or relating in any way to your Account(s) or your use of GFACE Services resides in the Courts of Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Germany in connection with any such dispute including any claim involving GFACE or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.

17. Entire Agreement

The Terms of Service (including the GFACE Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and GFACE relating to your rights and obligations in the use of GFACE Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a GFACE Service, GFACE shall resolve the conflict in its sole discretion.

Bookmark www.gface.com/terms and visit this site regularly for updates to GFACE’s Terms of Service.

SUPPLEMENTAL TERMS

18. Additional Terms and Conditions for Specific GFACE Services

Certain GFACE Services may require you to read and agree to terms and conditions that are specific to that GFACE Service. Your right to use that GFACE Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, GFACE will be the final and sole arbiter of any such inconsistencies.

19. Beta Tests

In its sole discretion, GFACE may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to GFACE (and to GFACE only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to GFACE a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, GFACE may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the GFACE site. You understand and agree that the pre-release copy and all other materials provided to you are cConfidential or proprietary iInformation of GFACE. “Confidential Information" shall mean any information designated as confidential, any information relating to GFACE’s products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that GFACE request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to GFACE under the power or control of the recipient to the other Party. Notwithstanding the completion of the Beta Test Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to GFACE, and GFACE is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until GFACE publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to GFACE all copies of the pre-release copy and confidential or proprietary information GFACE provided to you. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) GFACE has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) GFACE 's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.

Privacy

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM GFACE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. GFACE respects your privacy and understands the importance of protecting your personal information. We will only collect information we need to fulfill your requests and our legitimate business objectives. We will never send you marketing communications without your consent, and we will never share your personal information with third parties that are not bound by our privacy policy unless you tell us we can. By registering for a GFACE Account, we may transfer and store your account information in Germany. By registering, you agree that GFACE may process your data in accordance with the following privacy policy and that you will abide by GFACE's Terms of Service. BY REGISTERING FOR A GFACE ACCOUNT, USING THIS SITE AND/OR ANY OF GFACE'S ONLINE OR MOBILE PRODUCTS AND SERVICES, YOU AGREE TO THE GFACE ONLINE PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY GFACE SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we change our Privacy Policy, we will post those changes to this Privacy Policy, the home page or other places so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material or significant changes to this Privacy Policy, we will notify you by email and/or by a notice at www.gface.com/privacy and/or during log in. Revisions to terms affecting existing GFACE Services shall be effective thirty (30) days after posting at www.gface.com/privacy. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our Privacy Policy. You will always have the option to require an overview including all collected data by sending a mail to dataprivacy[at]gface.com.

I. GFACE Online Privacy Policy: Introduction

GFACE GmbH and its subsidiary companies (GFACE) respect the privacy rights of consumers and recognize the importance of protecting the information collected about you. We have adopted this global Privacy Policy to explain how we store and use personal and non-personal information we collect online on our websites, during your use of our online products and/or services (including online game play) and on mobile platforms.

II. What is Personal Information and when does GFACE collect It?

GFACE collects both personal and non-personal consumer information. Personal information collected by GFACE is discussed below in this section. Non-personal information is discussed below in Section III.

A. Personal Information Collected By GFACE

Personal information is information that identifies you and that may be used to contact you on-line or off-line. GFACE may collect personal information from our online visitors during:

  • Gaming and other user behavior including gaming results;
  • Warranty registration and requests;
  • Customer support and/or technical service requests;
  • Player match up and other head-to-head online competitions;
  • Registration for games and/or special game-specific events;
  • Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
  • Registration for GFACE and/or other service accounts;
  • Product, service and/or subscription orders;
  • Service requests from third party service providers on our site; and
  • Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.

Information collected will vary depending upon the activity and may include your name, user name, email address, password, phone number, home address, birth date, mobile phone number and credit card information but will only be saved when needed. You will be specifically notified in case of irregular collection of data.

GFACE also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites and to troubleshoot technical problems and will delete IP addresses after 7 days. In the event of user abuse of our websites, however, we may block certain IP addresses. If available, IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.

B. Personal Information Provided To GFACE By Third Parties.

1. Other Information Collected From Third Parties
We may also receive other personal information from third parties in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal information provided directly by you. As with all other information, we use this data only for purposes consistent with this policy.

III. What Is Non-Personal Information and When Does GFACE Collect It?
Non-personal information, alone, cannot be used to identify or contact you. GFACE collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and console platforms).

A. What Types of Non-Personal Information Does GFACE Collect?
When you use GFACE online and mobile products and services or you play our games on your PC or console, we may collect certain non-personal demographic information including gender, zip code, information about your computer, hardware, software, platform, media, mobile device. We also collect other non-personal information such as feature usage, game play statistics and scores, user rankings and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles or through purchases, for instance. We may also receive either non-personal or public information from third parties in connection with market and demographic studies that we use to supplement personal information provided directly by you.

B. How Does GFACE Collect Non-Personal Information?
GFACE collects non-personal information in addition to personal information when you actively provide it in the context of various online and mobile activities including online and mobile purchases, game registration and marketing surveys, for instance. In addition, we might use cookies and other technologies to passively collect non-personal demographic information, personalize your experience on our sites and monitor advertisements and other activities.

1. Cookies
Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store, pages you have viewed, or games you have played. This information is used to keep track of your shopping cart and make sure you don't see the same ad repeatedly, for example. Also, we use cookies to deliver content specific to your interest and to monitor website or game usage. We collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. Some of our sites use an outside ad company to display ads. These ads contain cookies. Cookies received with banner ads are applied by our ad companies, and GFACE does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. We may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Flash cookies only collect data in the aggregate. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com. Please note that this privacy policy covers the use of cookies by GFACE only and does not cover the use of cookies by any advertisers.

2. Third Party Ad Serving Technology
The companies that serve the ads that may appear on our websites may also collect information regarding your activities online, including the sites you visit. For more information on such services or to opt out of those services, please visit such services’ websites.

3. Analytic Metrics Tool and Other Technologies
GFACE also uses its own proprietary analytic metrics tool and other analytics technologies to collect non-personal information when you use our online products and services and/or play our games on your PC, console and/or mobile device.

IV. What Happens To The Information GFACE Collects?
A. How GFACE Uses Your Information
GFACE uses your information to operate GFACE’s games, fulfill your specific requests, and purchase orders and to send you purchase confirmation and other account-related information. In addition, if you choose to receive communications from us about GFACE products and news, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of this service from GFACE. Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.
B. Will GFACE Share My Information With Third Parties?
GFACE will never share your personal information with third parties without your consent. We may, however, share non-personal data in the aggregate (in a form that does not personally identify you) with third parties. You may also opt in to allow GFACE to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.

From time to time, GFACE employs third party contractors to collect personal information on our behalf to provide email delivery, product, or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. When our third party contractors collect and/or have access to the personal information you provide to GFACE, GFACE requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by GFACE. These third parties are prohibited from using your personal information for any other purpose without your specific consent. You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. We may also disclose personal information to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on GFACE.

V. Where Is The Information Held?
GFACE is a global organization and the majority of the computer systems on which GFACE collects, stores, and uses the information it collects or receives are based in the Germany. Under limited circumstances, we may utilize data storage facilities located in the European Union, the USA and/or Asia. Your personal information may be transferred to, used, processed or held by GFACE in Germany and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy.

VI. How Does GFACE Protect Your Personal Information?
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and in storage. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact the Privacy Policy Administrator via email at dataprivacy[at]gface.com

VII. Review, Correction of Your Information, Requesting Removal from Mailing Lists and Deactivating Your Account
You can correct, update or delete your account information at any time by logging on our site and navigating to "My Account," "View My Profile" or other account settings. Should you be unable to log in or are participating in the GFACE Closed BETA contact dataprivacy[at]gface.com. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.

VIII. Public Information Including User Generated Content, Online Forums, Blogs and Profiles
You may choose to disclose information about yourself in the course of contributing user generated content to GFACE sites or games or in public online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there.

You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to GFACE services. Please see our regulations at www.gface.com/legal www.gface.com/terms on this point and for other guidelines about posting content on our Service.

IX. Third Party Sites.
Our Services may contain advertising or services which link to other websites such as Twitter, Facebook and YouTube. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the GFACE site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as GFACE. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to a GFACE site, you should consult that site's privacy policy before providing any personal information.

X. Products Offered In Partnership with Third Party(s)
Members may register for other services from our site(s). Certain products and/or services available on our service are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.

XI. Contact Information
If you have questions or concerns regarding this statement, you should contact the GFACE Privacy Policy Administrator at dataprivacy[at]@gface.com.