PRIVACY POLICY & USER AGREEMENT

Switchgames.com User Agreement
Last modified December 12, 2008

THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU AND US, SWITCHGAMES, INC. ("SwitchGames"), WHICH DESCRIBES THE TERMS ON WHICH WE OFFER YOU ACCESS TO OUR SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS OUR SERVICES. BY USING OR ACCESSING OUR SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the user agreement (the "User Agreement") for SwitchGames.com. This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.switchgames.com and other SwitchGames sites (collectively referred to in this User Agreement as the "Site").

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use or become a member of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, including our Privacy Policy, as they may contain further terms and conditions that apply to you as a SwitchGames.com user and they are incorporated into and a part of this User Agreement. Please note: underlined words and phrases are links to these pages and websites.

We may amend this User Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms will automatically be effective 30 days after they are initially posted on the Site.

The Site acts as a venue to allow anyone to buy, sell and trade items, at anytime, from anywhere, in a variety of ways. In this User Agreement, as the context permits, the term "sale" may also include a trade, from the perspective of the user listing an item; the term "buy" may also include a trade, from the perspective of the user obtaining an item; the term "seller" means the user listing an item for trade or sale; the term "buyer" means the user obtaining an item by trade or buy; and the term "transaction" means a sale, buy, or trade.

  1. Eligibility In order to register for the Site, you must be an adult according to the laws of the jurisdiction (i.e. state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Site you must have a parent or guardian register for the Site on your behalf. By registering for the Site, you are making a representation to iRacing that you are an adult in the jurisdiction in which you reside and that you agree to this User Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Site. In any event, the Site is not designed for individuals under the age of 13, so individuals under the age of 13 are not permitted to use the Site, with the permission of a parent or guardian or otherwise. The attempted registration to the Site on behalf of an individual under the age of 13 will be void.
  2. Registration To register to use the Site, you will be required to provide us with certain personal information. Your failure to supply accurate information to us when requested, or to update that information as it changes, may result in an interruption or cancellation of service. You agree that we may handle your personal information as described in our Privacy Policy. During the registration process, you will also be required to select a password that is unique to your Account. You may not share your account or your password with anyone except as expressly permitted under this User Agreement. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your password, you must immediately notify us by emailing support@switchgames.com.
  3. Identity Verification We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. Thus, we have established a user-initiated ratings system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential transaction partners through the tools available on the Site.
  4. SwitchGames.com is a Venue Since the Site merely acts as a venue to allow users to buy, sell or trade items, we are not involved in the actual transaction between users. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of the site members to buy, sell or trade items or the ability of sellers to deliver items. We cannot ensure that a buyer or seller will actually complete a transaction.
  5. Release Because we are a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, shareholders, agents, subsidiaries, joint ventures, suppliers and employees, who are collectively referred to as our "Representatives") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  6. Information Control We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Also, although we use techniques to verify the age of our users when they register on the Site, because user verification on the Internet is difficult, we cannot and do not confirm each user's age. So you should be aware that there are also risks of dealing with underage persons. Additionally, there may also be risks of dealing with people acting under false pretense and dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of users on the Site.
  7. Listing and Transacting
    • Transactions As a user, you are obligated to complete the transaction with the other party if you have accepted a trade or sale offer from another user or accepted a trade or sale presented to you by us. By agreeing to do a transaction with another user, you agree to be bound by the conditions of sale or trade, as applicable included in the item's description so long as those conditions are not in violation of this User Agreement or unlawful. Transactions are not cancelable except in exceptional circumstances, such as: when the seller materially changes the item's description after you initiate a transaction, a clear typographical error is made, or you cannot authenticate the user's identity. If you choose to buy items intended for a mature audience or items that are restricted to adult use, you certify that you have the legal right to buy such items, and you release us and our Representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such transaction. You may not use the Site in connection with any transaction that is illegal or involves illegal items or is for any illegal purpose or involves pirated or infringing works.
    • Listing Description You must be legally able to sell the item(s) you list on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using the Site) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our list of prohibited, questionable, and infringing products as referenced in restricted activities.
      • Sales Credits When you register to use the Site, you provide us with your credit card, bank, PayPal and/or other payment information (collectively, "Payment Information"). You consent to our storage of your Payment Information for the purposes of facilitating transactions made on or through the Site and your payment of transaction and other applicable fees for your use of the Site and authorize us to debit and credit the account(s) you provide to us to discharge your obligations in connection with your use of the Site and pay you for items sold by you. When you sell an item, you have the choice of either having us issue payment to you via direct deposit into your bank account, check or PayPal for the amount of the sale (minus transaction and other applicable fees and amounts) or having us "store" such amount for you to use for a subsequent transaction. You acknowledge that if we "store" the amount it will not be kept in a segregated account and you will not be paid interest on the amount.
    • Fees Nonrefundable Unless otherwise agreed upon by each use in the transaction, the buyer agrees to pay the fees for the Site that are disclosed on the Site at the time the transaction is consummated, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, all transaction and other fees and amounts (including without limitation game sales fees) paid to us are nonrefundable. Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Site or otherwise arising from a transaction.
    • Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
  8. Your Information
    • Definition "Your Information" is defined as any information you provide to us or other users in the registration, listing or transaction process, in any public message area (including the users/Community area), through any email feature or through any other feature of the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
    • Restricted Activities Your Information (or any items listed) and your activities on the Site will not:
      • be false, inaccurate or misleading, including without limitation any misrepresentation of your identity, your age or your affiliation with any person or entity
      • be fraudulent or involve the sale of counterfeit or stolen items or the impersonation of any person or entity
      • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
      • include any private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
      • violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising or obscenity)
      • be defamatory, trade libelous, harmful, threatening, unlawful, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
      • be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, will be posted only in the Mature Audiences section and will be distributed only to people legally permitted to receive such content
      • intimidate or harass another; or attempt to use another's account, service or system without our authorization
      • contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
      • involve the posting, transmission, sharing or otherwise making available of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
      • create liability for us or our Representatives or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
      • link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are concurrently listed for sale on a web site other than ours (except that this does not prevent linking to or advertising a SwitchGames.com item from another web site); or (cc) you do not have a right to link to or include.
    • License Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us, and hereby do grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable right to exercise all rights you have in Your Information (including without limitation copyright and publicity rights), in any media now known or not currently known. We will only use Your Information in accordance with our Privacy Policy.
    • Access and Interference Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of us and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
    • Removal of Your Information You understand and agree that we may, but are not obligated to, review the Site and may in our sole discretion delete or remove (without notice) any of Your Information and/or listings, for any reason or no reason, including Your Information and/or listings that in our sole judgment violates this User Agreement or any codes of conduct that we may post from time to time, each of which will be incorporated into and a part of this User Agreement. You are solely responsible at your sole cost and expense for creating backup copies and replacing any of Your Information you post or store on the Site or provide to us.
  9. User Ratings
    • Integrity You may not take any action that may undermine the integrity of the user rating system. We may limit the number of listings you may place on the Site based upon the level of your user rating. If you earn a low rating, your membership may be suspended, and you may be unable to list or trade.
    • No Export You acknowledge that your user rating consists of comments left by other users and a composite user rating number compiled by us, and that the composite number without the comments does not convey your full user profile. Because user ratings are not designed for any purpose other than for facilitating transactions between the Site’s users, you agree that you will not market or export your SwitchGames.com user rating in any venue other than the Site.
    • No Import We do not provide you with the technical ability to import user ratings from other websites to the Site because a composite number without the corresponding user rating does not reflect your true online reputation within our community.
  10. Third Party Websites and Content The Site may contain (or you may be sent through the Site) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
  11. SafeTrade If you use the SafeTradeTM feature of the Site (in each case referred to in this User Agreement as the "SafeTrade Guaranty"), this Section 11 applies to you. The SafeTrade Guaranty is an Internet-based transaction management service performed by us under which we or our agent acts as an agent in a transaction, which services are intended to facilitate the completion of the underlying transaction under the terms of this User Agreement, the Site, and any applicable instructions. The SafeTrade Guaranty is only available for games, and not any other items (including without limitation game consoles). Other limitations on the SafeTrade Guaranty may apply and can be found on the Site or in our instructions. Applicable state or federal laws or regulations may further limit the SafeTrade Guaranty. When we receive a game from a seller, we will use commercially reasonable efforts to verify that the game is (a) not pirated, (b) playable (meaning we put it in a console and ensure that it gets to a load screen) and (c) in the condition described in its listing. By using the SafeTrade Guaranty, you are consenting to and agreeing to be bound by our instructions. We are obligated to perform only those duties expressly described in this section and our instructions. We will not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law. We may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a user indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that we are uncertain as to our duties or rights under this section, receive any instruction, demand or notice from any user or financial institution which, in our opinion, is in conflict with any of the provisions of this section, or any dispute arises with respect to this section or escrowed items or funds, we may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with this User Agreement or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this section by depositing all funds with a court of competent jurisdiction in accordance with the procedures outlined in our instructions. You agree to indemnify and hold us and (as applicable) our Representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your failure to abide by our escrow instructions, or your use of the SafeTrade Guaranty. YOU AGREE THAT IN NO EVENT SHALL WE OR OUR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THE SAFETRADE GUARANTY AND YOU RELEASE US AND OUR REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SAFETRADE GUARANTY, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO THE DAMAGE, DESTRUCTION OR LOSS OF ITEMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS USER AGREEMENT, IF, NOTWITHSTANDING THE FOREGOING RELEASE, WE ARE DETERMINED TO BE LIABLE FOR A CLAIM RELATING TO YOUR USE OF THE SAFETRADE GUARANTY, OUR LIABILITY, AND THE LIABILITY OF OUR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE RELATING TO YOUR USE OF THE SAFETRADE GUARANTY IS LIMITED TO THE GREATER OF (A) THE FAIR MARKET VALUE OF THE DAMAGED, DESTROYED OR LOST ITEM, AND (B) THE AMOUNTS PAID BY YOU TO US FOR THE USE OF THE SAFETRADE GUARANTY ON THE OCCASION OF THE DAMAGE, DESTRUCTION OR LOSS.

    SafeTrade Guaranty Terms and Conditions



    Please be advised that by purchasing the SafeTrade guaranty online, you certify that all information provided is accurate and truthful. SwitchGames, Inc. (the "Company") will pursue all available legal remedies under all applicable laws against any person who provides false, fictitious or fraudulent statements. Customers that file more than one SafeTrade claim may experience a delay in payment due to an increase in investigative time associated with the claim. In the event a SafeTrade covered parcel is lost or stolen after being delivered to the U.S. Postal Service, the Company will provide the following remedies to the purchaser of the SafeTrade guaranty (the "Purchaser") under the following terms and conditions:

    Guaranty

    At the Company's sole and absolute discretion, the Company may offer the Purchaser a replacement copy of the lost or stolen game, with like function and quality, which Purchaser was expecting to receive from the participating member in the trade.

    If the Company does not replace a lost or stolen game for any reason as set forth above, the Company will reimburse the Purchaser for the lost or stolen game. The reimbursement amount shall be determined in the sole and absolute discretion of the Company based on information obtained with reference to any of the following: current used game pricing indexes, published prices from national retailers for used games or averaging prices of the used game from public marketplaces. In no event shall the reimbursement amount for any lost or stolen game exceed $60.00 in United States funds. The reimbursement amount will be remitted to Purchaser by Company using PayPal or mailing a check payable to the Purchaser to the address provided to Company by Purchaser.

    Guaranty Limitations

    The SafeTrade guaranty only applies to the parcel sent by the Purchaser.

    The SafeTrade guaranty requires proof of receipt by the U.S. Postal Service and proof the package has not arrived at the intended destination after 30 days from receipt of the parcel by the U.S. Postal Service. All parcels in a SafeTrade transaction receive an automatic U.S. Postal Service label, which includes tracking and delivery confirmation information. Proof that the U.S. Postal Service received a parcel can be obtained from the U.S. Postal Service website using the U.S. Postal Service tracking number provided by the Company.

    The SafeTrade guaranty does not cover the condition, quality or authenticity of any parcel contents either sent or received in a trade, nor does SafeTrade guarantee the timeliness of parcel deliveries.

    The SafeTrade guaranty applies only to (a) video games found in the SwitchGames.com online database or (b) video games endorsed in writing by senior SwitchGames Support Staff. The SafeTrade guaranty does not apply to any video game consoles, video game accessories or any other item not specifically identified in the previous sentence.

    The SafeTrade guaranty also only applies to game trades. The SafeTrade guaranty does not apply to rentals, sales or other transaction types that are now or may become available.

    Any parcel containing any item or items other than the video game being traded is not covered by SafeTrade. This includes any parcel containing personal goods to accommodate a Company member, employer and/or employee.

    SafeTrade does not cover any parcel which is addressed, wrapped or packed insufficiently, incorrectly or contrary to the Company's packaging requirements.

    SafeTrade does not cover loss, damage or non-arrival caused by or resulting from: (a) hostile or warlike action in time of peace or war, including action hindering, combating, or defending against an actual impending or expected attack; (b) any government, sovereign power (de jure facto) or authority maintaining or using military, naval, or air forces; (c) military, naval or air forces; (d) an agent of any such government power, authority or forces; (e) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (f) insurrection, rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.

    SafeTrade does not cover any loss, damage or non-arrival of any parcel arising out of infidelity, dishonesty or any overt act on the part of the Purchaser, associate in interest of Purchaser, any of the Purchaser's employees whether occurring during hours of employment or otherwise, and/or on the part of custodians of the parcel.

    SafeTrade does not cover any loss, damage or non-arrival of any parcel arising out of loss of market, latent defect, inherent vice, delay, loss of use, clean up costs, decay, changes in temperature or humidity or other deterioration, or any remote or consequential loss.

    The Company reserves the right to deny the SafeTrade guaranty on parcels to or from the following zip codes: 94102, 94108, 60636, 60609, 45210, 45214, 33128, 33130, 33136, 32204, 32202, 21213, 64128, 64127, 38108, 64110, 75210, 23223, 38104, 38126, 75215, 75210, 62703, 63103, 63101, 72202, 72206, 72201, 19132, 19133, 33602, 10027, 10017, 10036, 60621, 21202, 44103, 32805, 48211, 48207, 60621

    Claims

    You must wait twenty-one (21) days from the date a SafeTrade was accepted before a parcel can be eligible for lost or stolen status. Upon the expiration of such twenty-one (21) day period, the Purchaser shall file a claim with the Company as soon as possible; provided that, in no event shall the filing of such claim exceed the lesser of (a) thirty (30) days from the date the Purchaser had knowledge of said loss or theft or (b) ninety (90) days from the date the Purchaser entered into the SafeTrade.

    For the quickest service, please submit SafeTrade claims through the Company customer service ticketing system found online (select "SafeTrade Claims" from the Department menu): http://www.switchgames.com/helpdesk.php

    When submitting your claim, please include the following in your message:

    - Your screen name;
    - U.S. Postal Service Tracking number;
    - SwitchGames Transaction ID (found in trade confirmation); and
    - Screen name of member you traded with.

    To submit a SafeTrade claim via mail (this may extend claim resolution time):

    SwitchGames, Inc.
    ATTN: SafeTrade Claims
    200 e 10th St. #616
    New York, NY 10003

    To submit a claim via fax (this may extend claim resolution time): (646) 706-7127

    If you have any questions, please email support@switchgames.com or call customer support at (646) 706-7401, Monday thru Friday between the hours of 10:00 A.M. and 5:00 P.M. Eastern Standard Time.

    Conditions

    THE COMPANY SHALL NOT BE LIABLE for any loss or damage to property covered by valid and collectible insurance nor for carrier's liability. Payment from the Company does not guarantee approval of claim.

    The Purchaser will file notice of loss or theft with the Company within the Company's claim reporting period.

    The Purchaser will have one (1) year from the date of shipment to provide any required and/or additional documentation which has been requested of the Purchaser to substantiate said claim. Failure to provide the required and/or additional documentation within one (1) year from the ship date will result in the denial of the claim.

    Any covered loss will be promptly replaced or paid to the Purchaser after notice of loss or theft and required documentation has been received and accepted by the Company in accordance with the terms and conditions of this guaranty.

    Upon payment or replacement for lost or stolen game, the Company shall have the right of subrogation to all of the rights of the Purchaser including whatever money may be recoverable. The Purchaser specifically covenants and agrees to assist the Company in every possible manner to secure reimbursement of said loss or damage.

    No suit or action or proceedings for the recovery of any claim under the SafeTrade guaranty shall be sustainable in any court of law or equity unless the same is commenced within twelve (12) months after discovery by the Purchaser of the occurrence which gives rise to the claim, provided however, that if by the laws of the State within which this guaranty is issued such limitation is invalid, then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit to time permitted by the laws of such State to be fixed herein.
  12. Postage Service If you use the SwitchGames Post OfficeTM for postage services of the site (the "Postage Service"), this Section 12 applies to you. We offer the Postage Service as a convenience to our users. While we make recommendations for the amount of postage to purchase to ship your item, we make no guarantee that our recommendations are accurate. In fact, our recommendations may be for more postage than is actually required to ship the item, to increase the likelihood that you purchase sufficient postage. You are solely responsible for determining and paying the amount of postage that is required to ship your item. Additionally, the fees quoted to you include a service and convenience fee, so the amounts paid by you for postage purchased through the Postage Service will be higher than the amounts that would be payable by you for the same amount of postage if purchased through the United States Postal Service ("USPS"). By using the Postage Service you consent to the foregoing. If you wish to ensure that you are purchasing exactly the amount of postage required to ship your product, or if you do not wish to pay our service and convenience fees in addition to the actual postage charges, then you should not use the Postage Service and you should instead weigh and ship your items directly from the USPS. YOU AGREE THAT IN NO EVENT SHALL WE OR OUR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THE POSTAGE SERVICE AND YOU RELEASE US AND OUR REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE POSTAGE SERVICE.
  13. Community Features We may offer a variety of social or community features (collectively, "Community Features"). Our Community Features are designed to share information with others. These features may change or even be eliminated without notice to you. We may not describe all these features in this User Agreement or elsewhere on the Site. BY USING ANY OF THE COMMUNITY FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER USER OF THE SITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES. Use of the Community Features is at your own option and risk. There are different elements to the Community Features, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice. Anyone who participates in the Community Features is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. You always have the opportunity to update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings and other forms of personal information on our website. In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Your Information" above.
  14. Breach Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this User Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
  15. Disclaimers WE AND OUR REPRESENTATIVES PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR REPRESENTATIVES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting the foregoing, we are not responsible for and make no warranties, express or implied, as to the content posted by users or the accuracy and reliability of the user content posted on or through the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site and such user content does not necessarily reflect our opinions or policies. Profiles and third party applications created and posted by users on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. We cannot guarantee and do not promise any specific results from use of the Site. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you.
  16. Liability Limit IN NO EVENT SHALL WE OR OUR REPRESENTATIVES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  17. Indemnity You agree to indemnify and hold us and (as applicable) our Representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  18. Legal Compliance You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and your transactions, including without limitation your listing, buying, soliciting of offers to buy, and sale of items.
  19. Claims of Copyright Infringement We respect the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our Copyright Agent:
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
    • a description of the copyrighted work or other intellectual property that you claim has been infringed
    • a description of where the material that you claim is infringing is located on the site
    • your address, telephone number, and email address
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

      Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
      By mail:
      SwitchGames, Inc.
      200 E 10th Street, 616
      New York, NY 10003 USA
      By email: copyright@switchgames.com

  20. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions") you provide to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  21. No Agency You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
  22. Notices Except as explicitly stated otherwise, any notices will be given by postal mail to us at SwitchGames, Inc., 200 E 10tth Street, 616, New York, NY 10003 USA (in our case) or to the email address you provide to us during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
  23. Resolution of Disputes In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that any claim or controversy at law or equity that arises out of this User Agreement or our services ("Claims") will be resolved in accordance with one of the subsections below or as you and we may otherwise agree upon in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
    • Binding Arbitration For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    • Court Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in New York, NY USA or where the defendant is located (in our case New York, NY USA, and in your case your home address or principal place of business). You and we agree to submit to the personal jurisdiction of the courts located within New York, NY USA.
    • Alternative Dispute Resolution Alternatively, we will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in New York, NY USA or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 23 by the first party to file a Claim. Should either party file an action contrary to this Section 23, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
  24. General This User Agreement will be governed in all respects by the laws of the State of New York, USA as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with or delayed by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that this User Agreement and all incorporated agreements may be assigned by us to another party in our sole discretion. You may not assign this User Agreement or any rights or obligations hereunder without our prior written consent and any attempted assignment without such consent will be void and of no effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Except as expressly set forth in this User Agreement, this User Agreement may be modified only by a written instrument duly executed by an authorized officer of Switchgames and by you.



Copyright Notice
Gamecube®, NES®, GameBoy®, GameBoy Advance® and Nintendo Wii® related logos are registered trademarks of Nintendo of America Inc.
X-box® and related logos are registered trademarks of Microsoft Corporation.
PlayStation®, PlayStation 2® and related logos are registered trademarks of Sony Computer Entertainment.
All other product and/or company names mentioned herein are trademarks or registered trademarks of their respective owners.
Website design, code and content copyright © 2008 SwitchGames, Inc. All rights reserved. "SwitchGames", "SwitchDVDs", "SwitchBot", "SwitchBoard" and "SwitchStuff" are trademarks of SwitchGames, Inc.




Swichgames.com Privacy Policy
Last modified September 24, 2008

This Privacy Policy details how SwitchGames, Inc. ("SwitchGames") safeguards the privacy of the visitors and users of its sites and services available under the domain name and sub-domains of www.switchgames.com and other SwitchGames sites (collectively referred to in this Privacy Policy as the "Site"). This Privacy Policy is a part of and incorporated into our User Agreement. By using the Site, you are demonstrating your consent to the use of your information as described in this Privacy Policy.

This Privacy Policy serves to notify you of the following:

If you have questions regarding this Privacy Policy, you should first contact our Privacy Agent by email at privacy@switchgames.com.



WHAT INFORMATION ABOUT ME IS COLLECTED ON THE SITE?
Depending on your use of the Site, we collect two types of information: personally identifiable information and non-personally identifiable information.

  • Personally Identifiable Information
    Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing information. In all of these cases, we will collect personally identifiable information from you only if you voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Site. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personally identifiable information other than as specified in this Privacy Policy.
  • Non-Personally Identifiable Information
    Non-personally identifiable information is information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender). Non-personally identifiable information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site.

WHERE AND WHEN IS INFORMATION COLLECTED ON THE SITE (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

  • Information You Give Us.
    We receive and store any information you enter on the Site, email to us, or give us in any other way. When you enroll to become a member, you will be required to provide us with information (including personally identifiable information) such as name, postal address, email address and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the enrollment process. This information is necessary for our provision of the Site and is also used to help us understand who uses the Site, to improve the Site, to contact members about the Site and/or for billing or other transactional purposes.
  • Information You Voluntarily Disclose.
    In using certain features of the Site, such as member forums, message boards, and blogs, you may voluntarily make your information available to other users of the Site.
  • Email Communications.
    To help us make emails more useful and interesting, we often receive a confirmation when you open email from us if your computer supports such capabilities. We may also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you no longer desire to receive these communications, we will provide you with the option to "opt out."
  • Cookies and Action Tags.
    We also collect non-personally identifiable information passively using "cookies" and "action tags."
    "Cookies" are small text files that are placed on your computer in order to identify your web browser and the activities of your computer on the Site and other web sites. In order to use the Site, your web browser must be set to accept cookies. Most web browsers are initially set to accept cookies. Cookies are used to personalize your experience on the Site (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Sites (such as saving time by not having to reenter your name upon each visit to the Site), and to allow us to statistically monitor how you are using the Site to help us improve our online offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.
    In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements on the Site or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements on this web site, our third-party advertisers may place or recognize unique cookies on your browser.
    "Action tags," also known as web beacons or gif tags, are a web technology used to help track web site usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Site, including advertisements, or email sent on our behalf, may contain action tags.
    By using cookies and action tags together, we are able to gain valuable information to improve the Site and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your personally identifiable information to our advertising partners.
    Finally, you should be aware that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their web sites or services on or from the Site. This Privacy Policy does not govern the use by such third-party web sites or services or providers of third-party advertising.
  • Log Files.
    We also collect non-personally identifiable information through our Internet log files, which record data such as member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site. This information may be used to analyze trends, to administer the Site, to monitor the use of the Site, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Site and evaluating our Sites in general.

DOES SWITCHGAMES COLLECT INFORMATION FROM CHILDREN?
We are committed to protecting the privacy of children. The Site is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.
Also, in order to become a member of the Site, you must be an adult according to the laws of the jurisdiction (i.e., state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Site you must have a parent or guardian enroll to use the Site on your behalf. If you authorize a minor child for whom you are a parent or guardian to use the account you create to use the Site, you should not provide us with any personally identifiable information about such child.


WILL OTHER MEMBERS OF THE SITE HAVE ACCESS TO MY INFORMATION?
If you voluntarily make your information available when using certain features of the Site, such as member forums, message boards, and blogs, this information will be accessible to other members of the Site. With this information, other members of the Site could use publicly available resources to discover additional personally identifiable information about you, such as your address and phone number. Except as described in this Privacy Policy, we will not disclose your personally identifiable information to other members of the Site.


WHAT DOES SWITCHGAMES DO WITH THE INFORMATION IT COLLECTS?
In general, we use the information collected on the Site to provide the Site to you and process your transactions, to help us understand who uses the Site, to improve the Site, and to communicate with you, including for customer service and billing purposes.
We may use your information to send you a welcoming email that may confirm your name and password. We may also send you electronic newsletters, contact you about SwitchGames products, services, information and news that may be of interest to you, provide you with other marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to "opt out." In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Site or, if you are a member, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Site.
We may also use the information gathered on the Site to perform statistical analysis of member behavior or to evaluate and improve our Sites. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the Site.


WHEN DOES SWITCHGAMES DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you on the Site.

  • Laws and Legal Rights.
    We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the User Agreement, or to protect the safety and/or security of our members, SwitchGames or the general public.
  • Third Parties Generally.
    We may provide your email address to third parties for such third parties to contact you about their products, services, information and news that may be of interest to you. If you wish that we do not provide your email address to third parties for these purposes, we will provide you with the option to "opt out." We may also provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other members of the Site. For example, we might inform third parties regarding the number of unique members who visit the Site, the demographic breakdown of our enrolled members of the Site, or the products and/or services purchased using the Site and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and web site tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
  • Outside Contractors.
    We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Site, such as hosting and maintaining the Site, providing credit card processing and fraud screening, and developing applications for the Site and email services. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Site, including your personally identifiable information. We also require that these contractors (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.
  • Third Party Sellers.
    In addition, through the Site, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are sold by parties other than us (collectively, "Merchants"). We will attempt to make it clear to you when you are dealing with a Merchant by opening a new browser or otherwise notifying you that you are leaving the Site. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than the Site, then you are likely on, or about to enter, a web site hosted or operated by a person or company other than us. Merchants may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Merchant. This information is used by the Merchant and may be subject to a different privacy policy. We are not responsible for the privacy practices of Merchants. We encourage you to be aware when the Site links to Merchants’ web sites and to read the privacy policies or statements of each and every Merchant web site. This Privacy Policy applies solely to information collected by the Site.
  • Sale of Business.
    As with any business, your personal information is also an asset of SwitchGames and will become part of our normal business records. As such, we reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of SwitchGames or the line of business that the Site falls under.
  • Affiliates.
    We may disclose information (including personally identifiable information) about you to our Affiliates. For purposes of this Privacy Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with SwitchGames, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.


DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEB SITES?
The Site may contain links to web sites not owned or operated by SwitchGames (for example, if you "click" on a banner advertisement, you will likely be taken off the Site). Please be aware that we are not responsible for the privacy practices of such web sites. We encourage you to be aware when the Site links to other web sites and to read the privacy policies or statements of each and every web site. This Privacy Policy applies solely to information collected by the Site.


IS THE INFORMATION COLLECTED ON THE SITE SECURE?
We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personally identifiable information you provide to us via the Internet at the time you elect to become a enrolled member or subscribe to our Sites, we use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. We secure the personally identifiable information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and contractors who need access to your information to perform a specific task or function are granted access to such information. In addition, all SwitchGames employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, including termination.
Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.


WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may change your preference and "opt-out" of receiving such communications by changing that option in the My Profile feature of the Site, following the directions provided in association with the communication, or by contacting privacy@switchgames.com.

  • California Residents: Your California Privacy Rights. Under California law, our users and members who are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. As detailed above, we do not share our customers’ personal information with unaffiliated third parties for direct marketing purposes without their approval.
    If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from SwitchGames (via email or postal mail) about new products, services, or promotions, you can do so. You may contact us at SwitchGames, Inc., Attn: Privacy Agent, SwitchGames, Inc., 200 E 10th Street, Suite 616, New York, NY 10003 USA. You can also contact us by emailing us at privacy@switchgames.com. Please indicate which publications or services you no longer wish to receive so that we may better address your needs.


CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing My Profile or contacting privacy@switchgames.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.


HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?
You should be aware that we may revise this Privacy Policy at any time and that such revisions may result in additional uses or disclosures of your personally identifiable information. If we decide to change this Privacy Policy, we will post those changes on the Site so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. If you do not agree to the terms of any revisions of this Privacy Policy, you should discontinue your use of the Site. If you continue to use the Site after this Privacy Policy is revised, you are demonstrating your consent to the revised Privacy Policy. As a result, you should frequently review this Privacy Policy for any revisions.


WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Agent in any of the following ways:
By email:


privacy@switchgames.com
By postal mail or courier:
Customer Care Privacy Policy Issues
SwitchGames, Inc.
200 E 10th Street
Suite 616
New York, NY 10003 USA
Telephone: 646-706-7401

BY USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

 

 

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