PRIVACY POLICY

At GameBuff (a subsidiary of Join The Heard, Inc.) we have a few fundamental principles:

• We don't ask you for personal information unless we truly need it.

• We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.

• We don't store personal information on our servers unless required for the on-going operation of one of our services.

(Note, we've used this privacy policy under a Creative Commons Share alike license thanks to the nice folks at Automattic, which means you're more than welcome to copy and use it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we'd appreciate a link to Automattic.com somewhere on your site. They spent a lot of money and time on the below, and other people shouldn't need to do the same.)

It is GameBuff's policy to respect your privacy regarding any information we may collect while operating our websites.

SITE VISITORS

Like most website operators, GameBuff collects non-personally-identifying information of the sort that web browsers, mobile applications and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GameBuff's purpose in collecting non-personally identifying information is to better understand how GameBuff's visitors use its website. From time to time, GameBuff may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

GameBuff also collects potentially personally identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on GameBuff Sites. GameBuff only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally identifying information as described below.

GATHERING OF PERSONALLY-IDENTIFYING INFORMATION

Certain visitors to GameBuff's websites choose to interact with GameBuff in ways that require GameBuff to gather personally identifying information. The amount and type of information that GameBuff gathers depends on the nature of the interaction. For example, GameBuff apps may ask visitors who sign up to provide a username and email address. GameBuff does not disclose personally identifying information other than for internal use. Visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain Site and/or app-related activities.

PROTECTION OF CERTAIN PERSONALLY IDENTIFYING INFORMATION

GameBuff will not rent or sell potentially personally identifying and personally identifying information to anyone. GameBuff discloses potentially personally identifying and personally identifying information only in response to a subpoena, court order or other governmental request, or when GameBuff believes in good faith that disclosure is reasonably necessary to protect the property or rights of GameBuff, third parties or the public at large. If you are a registered user of an GameBuff website and have supplied your email address, GameBuff may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with GameBuff and our products. We primarily use our Site or apps to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to anonymously publish it in order to help us clarify or respond to your request or to help us support other users. GameBuff takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.

COOKIES

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. GameBuff uses cookies to help GameBuff identify and track visitors, their usage of GameBuff Site, and their website access preferences. GameBuff visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using GameBuff's Site, with the drawback that certain features of GameBuff's Site may not function properly without the aid of cookies.

BUSINESS TRANSFERS

If GameBuff, or substantially all of its assets were acquired, or in the unlikely event that GameBuff goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of GameBuff may continue to use your personal information as set forth in this policy.

PRIVACY POLICY CHANGES

Although most changes are likely to be minor, GameBuff may change its Privacy Policy from time to time, and at GameBuff's sole discretion. GameBuff encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

TERMS OF SERVICE

The following terms and conditions govern all use of the GameBuff.net website, GameBuff mobile Application and all content, services and products available at or through the website and application, including, but not limited to, GameBuff's product offerings and GameBuff's interactive community (taken together, the Site). The site is owned and operated by GameBuff (A subsidiary of Join The Heard, Inc). The site and application are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GameBuff's Privacy Policy) and procedures that may be published from time to time on this site by GameBuff (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then please do not access the site or use any services. If these terms and conditions are considered an offer by GameBuff, acceptance is expressly limited to these terms. The site is available only to individuals who are at least 13 years old. Persons over the age of 18 may purchase an offer on the site or through partner sites, as may persons over the age of 13 when in conjunction with their parent or guardian who is over the age of 18.

1. YOUR GAMEBUFF ACCOUNT

You must immediately notify GameBuff of any unauthorized uses of your account, your account or any other breaches of security. GameBuff will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. RESPONSIBILITY OF USERS.

If you comment on a blog, post material to the site, post links on the site, or otherwise make (or allow any third party to make) material available by means of the site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GameBuff or otherwise.

While GameBuff periodically reviews the site and its content, the user agrees to these Responsibilities of Use understanding that any violation may incur removal and revocation from the site.

3. CONTENT SUBMISSION.

By submitting Content to the Site, you grant GameBuff a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content. If you delete Content, GameBuff will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GameBuff has the right (though not the obligation) to, in GameBuff’s sole discretion (i) refuse or remove any content that, in GameBuff's reasonable opinion, violates any GameBuff’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in GameBuff's sole discretion.

4. CONTENT POSTED ON OTHER WEBSITES.

We have not reviewed, and cannot review, all of the material made available through the Site, webpages and mobile application to which GameBuff.net links, and that link to GameBuff.net. GameBuff does not have any control over those non-GameBuff websites and webpages, and is not responsible for their contents or their use. By linking to a non-GameBuff website or webpage, GameBuff does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GameBuff disclaims any responsibility for any harm resulting from your use of non-GameBuff websites and webpages.

5. COPYRIGHT INFRINGEMENT AND DMCA POLICY.

As GameBuff asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GameBuff violates your copyright, you are encouraged to notify GameBuff. GameBuff will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GameBuff will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GameBuff or others.

6. INTELLECTUAL PROPERTY.

This Agreement does not transfer from GameBuff to you. Any GameBuff or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GameBuff. GameBuff, GameBuff.net, the GameBuff logo, and all other trademarks, service marks, graphics and logos used in connection with GameBuff, or the Site are trademarks or registered trademarks of GameBuff or GameBuff's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any GameBuff or third-party trademarks.

7. CHANGES.

GameBuff reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is yinclude 'index.php'; our responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. GameBuff may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. TERMINATION.

GameBuff may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GameBuff account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. DISCLAIMER OF WARRANTIES.

The Site is provided "as is". GameBuff and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GameBuff nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.

10. LIMITATION OF LIABILITY.

In no event will GameBuff, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GameBuff under this agreement during the six (6) month period prior to the cause of action. GameBuff shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. GENERAL REPRESENTATION AND WARRANTY.

You represent and warrant that (i) your use of the Site will be in strict accordance with the GameBuff Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

12. INDEMNIFICATION.

You agree to indemnify and hold harmless GameBuff, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

13. TRACKING.

GameBuff reserves the right to anonymously track and report a user's activity inside of the app.

14. MISCELLANEOUS.

This Agreement constitutes the agreement between GameBuff and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GameBuff, or by the posting by GameBuff of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GameBuff may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.