TERMS OF SERVICE
Effective date: March 09, 2020
Welcome to Azarus! Please read on to learn the rules and restrictions that govern your use of our website located at azarus.io and any related subdomains (the “Site”), Azarus’ competitive gaming services and any other websites, products, services, extensions and applications provided, owned or operated by Azarus (collectively with the Site, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org .
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site or otherwise through the Services, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Azarus?
Our Services offer a competitive gaming platform that connects to existing broadcasting platforms such as Twitch.tv and enables users to participate in predominately skill-based challenges (“Competitions”) based on the results of a game. Users can participate in Competitions in several ways, including, but not limited to: (i) accessing a software overlay that sits on top of and interacts with existing streaming platforms (an “Extension”), (ii) accessing a graphical user interface that may be provided by the Company on a computer, game console, or through a mobile application and (iii) directly through broadcast platforms or services that may facilitate Competitions directly between users of an applicable platform or service.
Content for Competitions may be automatically generated by users who are active streamers that allow proprietary software included with our Services to monitor and respond to their performance during the course of a game, or custom Competitions may be generated by users in their individual capacity based on the results of a game, subject to certain restrictions described in our Services from time-to-time. When a user creates content for Competitions in any manner, they may also be referred to as Creators. Certain Competitions may also allow users to earn Virtual Goods (as defined below) made available by Creators or other third-parties sponsoring Creators that may be used in connection with the Services.
In order to access and use some parts of our Services, you may be required to sign up for an account, which may include selecting a password and username or creating login credentials using other authentication tools, such as third-party oauth tools provided by third-party platforms (an “Account”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Account’s username a name that is already in use, a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are also prohibited from selecting a username that incorporates or uses vulgar, hateful, or offensive language or imagery, or which infringes on the rights of any third party, including but not limited to the copyrights, trademark rights or rights of publicity or personality of any person or entity. If we determine that a username violates any provision of these Terms, we may, in our sole discretion, refuse to grant you the username, change the username, and/or suspend or terminate your Account or access to the Services. You may not transfer your account to anyone else without our prior written permission.
The Services are not intended for use by children under the age of 13. You represent and warrant that you are at least 18 years of age (or the legal age to form a binding contract in your jurisdiction), or if not, that you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Account or password with anyone, if applicable, and you must protect the security of your Account and your password. You’re responsible for any activity associated with your Account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services and may result in civil or criminal liability.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Azarus’) rights.
You understand that Azarus owns the Services and that all Content that is made available through the Services, other than User Submissions and Content owned by third parties, is owned solely by Azarus (“Azarus Content”). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please note that the existence of this functionality does not render the above restrictions inapplicable.
When using the Services, you may gain access to or be able to purchase or earn virtual items (including, by way of example only, points, coins, or digital credits) (“Virtual Goods”). You acknowledge and agree that you have no personal property right or other proprietary interest in any Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, regardless of any consideration offered or paid in exchange for such Virtual Goods. You further acknowledge and agree that Virtual Goods have no inherent monetary value, they cannot be redeemed for cash, and you cannot obtain any cash refunds for purchasing, earning, or using Virtual Goods, except as expressly permitted by us. Virtual Goods are intended for purchasing Content and Services offered through a store or marketplace operated by us or an approved third party only. You are not permitted to transfer Virtual Goods you access, purchase or otherwise acquire in connection with your use of the Services, for example by gifting or trading them, except as expressly permitted by us. Further, you are not permitted to sublicense, trade, sell or attempt to sell Virtual Goods in exchange for money or any other thing of value except as expressly permitted by us. Any such transfers or attempted transfers are prohibited and void and, in the event that we determine that you have transferred or attempted to transfer Virtual Goods in a manner prohibited by these Terms, may result in us terminating your access to the Services. In the event that we terminate your access to the Services or your Account, you agree that, except as required by applicable law, you forfeit your right to use or transact in any remaining Virtual Goods associated with your Account at the time of such termination.
In the event you obtain or interact with Virtual Goods on our Services, we may make available an account balance associated with your Account or another identifier in the event you are an unregistered user (the “Wallet”). The Wallet is neither a bank account nor any kind of payment instrument. You may place or accrue Virtual Goods in your Wallet up to a maximum amount determined by us through earning Virtual Goods by interacting with the Services, or by credit card, prepaid card, promotional code, or any other payment method that we may determine in our sole discretion. To the extent that Virtual Goods in your Wallet are ascribed any monetary value, within any twenty-four (24) hour period, the total amount stored in your Wallet plus the total amount spent out of your Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local currency, and attempted deposits into your Wallet that exceed this threshold (whether through earning Virtual Goods by using the Services or by purchase) may not be credited to your Wallet until your activity falls below this threshold. We may change or impose different Wallet balance and usage limits from time to time.
You will be notified by e-mail of any change to the Wallet balance and usage limits within thirty (30) days before the entry into force of the change. Your continued use of the Services and your Wallet more than thirty (30) days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to cease using our Services (and terminate your Account, in the event you have an Account) or to cease use of your Wallet. We shall not have any obligation to refund any Virtual Goods remaining on your Wallet in this case, except in the event that applicable law requires otherwise. If you are an EU resident, you may have additional refund rights described more fully below.
We shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to the Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, including but not limited to the deletion of such Virtual Goods upon the termination or expiration of your Account.
Do I have to grant any licenses to Azarus or to other users?
For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Account or otherwise on the Services, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Azarus the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. Please note that if you access the Services through an Extension, the platform connected to the Extension (e.g. Twitch) is considered a specified user, and your User Submissions may be shared with such specified user automatically.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all of our users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with our business for any purpose, in any and all media, formats and forms, known now or hereafter devised. Azarus shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the Public User Submission as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the Public User Submission or the elements thereof in conjunction with or into any other material. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You acknowledge and agree that you shall not be entitled to any compensation for any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, and we may freely use such submissions in any manner we deem appropriate without compensation to you.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Account (if applicable), we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Azarus, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Azarus, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
If you believe that any material appears on the Site or the Services in a way that infringes the copyright in a work you own, please send a notification containing the following information to our contact information below:
If you believe that any material identified in a copyright infringement notification is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material complained of, you may send a counter-notification containing the following information to our contact information below:
If we receive a counter-notification, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the person who provided the allegedly infringing material, the removed material may be replaced, or access to it restored, 14 business days or more after receipt of the counter-notification, at our sole discretion.
Copyright complaints can be submitted at the following contact information:
Attn: DMCA Representative
421 27th Street 94131 San Francisco, CA
To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Azarus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Azarus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Azarus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Azarus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Azarus ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Services may be free, or we may charge a fee for using some or all of the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
If you are a user in the European Union (“EU”), you should know that EU law provides a statutory right to withdraw from certain contracts for physical merchandise and for the purchase of digital content (which may include Virtual Goods). You can find more information about the extent of your statutory right to withdraw and the ways you can exercise it here.
What if I want to stop using the Services?
Azarus is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Azarus has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your Account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither Azarus nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Azarus or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY AZARUS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AZARUS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO AZARUS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Azarus, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AZARUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Services, satisfy any legal requirements that such communications or agreements be in writing. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Azarus may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Azarus will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control which may include denial-of-service attacks, a failure by a third- party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. You and Azarus agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Azarus, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Azarus, and you do not have any authority of any kind to bind Azarus in any respect whatsoever.
Effective date: March 09, 2020
If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. Consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), if we learn that we have received any information directly from a child under age 13 without first receiving such child’s parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that such child cannot use our Services and subsequently we will delete that information.
What Information does Azarus Collect?
Information You Provide to Us: We receive and store any information you knowingly provide to us. For example, this includes Personal Information you provide when you sign up for an Account such as your name, email address, phone number, birthdate, username, or password. It also includes other information you elect to provide to us through the Services, such as feedback and correspondence provided in your responses to surveys, when you participate in market research activities, report a problem with Services, receive customer support or otherwise correspond with us, and marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.
We may use automatically collected data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Information Collected from Other Sources and Do Not Track Policy: We also receive information from other sources and combine that with information we collect through our Services. For instance, we may collect additional information like in-game statistical information from third parties and sources other than the Services for which you have approved our access, such as other gaming publishers’ APIs or other services. This information may be combined with other information we collect to provide the Services, such as when we combine game data from gaming publishers with our proprietary software to generate Competitions. In addition, you may also provide us information by accessing third-party services in connection with your use of the Services, including social media IDs and related social media information. In any event, if we collect information from other sources, we will always endeavor to provide you with clear notice of such data collection. However, any third-party services may collect information as determined by their own privacy policies and you should be careful to review their policies prior to using such services.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. When you turn on the Do Not Track function in your browser, we stop collecting the information from your browser that allows us to tailor advertisements and other content specifically to you that is based on your visits to our advertising partners’ websites. Specifically, we stop collecting information from the unique browser cookie that links your browser to visits to third party sites. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties react when you set this signal on your browser.
How does Azarus Use the Personal Information it Receives?
As mentioned above, we use information we collect to improve the Services, optimize our technology, refine the experience of our Users, and innovate ways to forward our mission.
Namely, we use the information we collect to:
Will Azarus Share Any of the Personal Information it Receives?
Is Personal Information about me secure?
We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. no data transmission or storage system can be guaranteed to be secure. The safety and security of your Personal Information also depends on you. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Your Account is protected by your Account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your Account after each use. We further protect your Personal Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your Personal Information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Services, you acknowledge that you understand and agree to assume these risks.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What are cookies?
As previously described, we may collect information using cookies. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Services.
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Services; and (2) third party cookies, which are served by service providers on our Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our Services use the following types of cookies for the purposes set out below:
Type of cookie
These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.
These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.
Analytics and Performance Cookies
These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. We use this information to help operate and provide our Services more efficiently and to monitor the level of activity on our Services. All usage of performance or analytics cookies involve proprietary processes, and we do not presently use any third-party analytics or performance cookies. In the event that this changes, we will update this policy and provide notice to you.
You can typically remove and reject cookies from our Services with your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Services work for you.
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.
If you do not want to receive marketing messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails. If you opt out of marketing messages, we may still send you e-mails necessary to provide the Services from time-to-time.
If you are a resident of the European Economic Area (“EEA”), Switzerland, or the United Kingdom, you may have additional rights under the General Data Protection Regulation (the “GDPR”) and other applicable law with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Azarus will be the controller of your Personal Data processed in connection with the Services.
What Personal Data Do We Collect from You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
How Do We Use Your Personal Data?
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
How and With Whom Do We Share Your Data?
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as necessary to provide you Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.
Transfers of Personal Data
The Services are hosted and operated in part in the United States (“U.S.”) through Azarus and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services and providing your information, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, may be provided to Azarus in the U.S. and may be hosted on U.S. servers. You hereby consent to and authorize Azarus to transfer, store and process your information to and in the U.S., and possibly other countries. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Policy. One such step we may take to ensure the security of your Personal Information in the event that a transfer may not be subject to the same protection in the EEA, Switzerland or the UK, is to enter into specific contract clauses approved by the European Commission which ensure your personal information is given the same protection it has in Europe.
What If You Have Questions Regarding Your Personal Data?
If you have any questions about this section or our data practices generally, please contact us using the below listed information. For purposes of the GDPR, the below listed Designated Representative is also our Data Protection Officer:
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit our California Consumer Privacy Act Notice for California Residents located here https://azarus.io/tos .
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: March 9, 2020
Information Azarus Collects
Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information“). In particular, our Services have collected the following categories of Personal Information from its consumers within the last twelve (12) months:
Personal Information does not include:
Use of Personal Information
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of Personal Information for a business purpose:
Sales of Personal Information
Your Rights and Choices
The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access and Data Portability Rights
You have the right to request that Azarus disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
You have the right to request that Azarus delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Your Rights
To exercise the access, data portability, and deletion rights described herein, please submit a verifiable consumer request to us by either:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an Account with us. However, in our discretion, we may consider requests made through your password protected Account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an Account with us, we will deliver our written response to that Account to the extent possible. If you do not have an Account with us or delivery to the Account is otherwise infeasible, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Azarus will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently provide any financial incentives.
Other California Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Changes to Our Privacy Notice
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Site or through the Services and update the Notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this Notice or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: +1 (855) 923-0753
Copyright 2018 – 2020 Azarus, Inc.