Last Updated: January 7th, 2010
Terms of Use AgreementPRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS
This is the official privacy policy ("Privacy Policy") for the Xfire service("Service," "we," "us," or "our"), an online gaming communication service offered by Xfire, Inc. a MTV Networks ("MTVN") Company, a division of Viacom International Inc. (collectively, the "Parent Companies"). This Privacy Policy governs only the personally identifiable information ("Personal Information") collected by the Service and does not cover any such information collected in any other manner or for any other purpose, or for or by any other MTVN programming channel, MTVN's "Jobhunt" website, the Parent Companies and any subsidiaries and affiliates of Xfire and the Parent Companies (collectively, "Affiliates"), or any other company, unless specifically stated.
This Privacy Policy applies whether you are accessing the Service via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device") and whether you are accessing the Service as a registered user or other user of the Service. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Service and does not cover any such information collected in any other manner or by any other website offered by Xfire, or offered by the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies(collectively, "Affiliates"), or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Parent Companies, Affiliates, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.
Overview: This Privacy Policy is intended to explain our privacy practices and inform you as to:
This Service is offered and made available only to users 13 years of age or older and certain features on this Service (including, but not limited to, user registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features and/or do not meet any other eligibility requirements, please discontinue using the Service immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide your Personal Information or Other Information. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Any terms that are not defined in this Privacy Policy will have the meaning given in the Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users.
We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions will be effective immediately upon posting. Notice of material changes will be posted on the Service's homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.
We are committed to protecting users' privacy. Keeping the Personal Information you share with us on the Service secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission online is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by e-mail to the Privacy Administrator at privacy-admin@xfire.com or by postal mail to:
Xfire, Inc.
Attn: Your California Privacy Rights
c/o Warren Solow, Privacy Administrator
1515 Broadway, New York, NY 10036
All requests must be labeled "Your California Privacy Rights" on the e-mail subject line or envelope or post card. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via e-mail) and indicate your preference on how our response to your request should be sent (e-mail or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
If you have other questions about this Privacy Policy, please contact our Privacy Administrator at privacy-admin@xfire.com or:
Xfire, Inc.
Attn: Your California Privacy Rights
c/o Warren Solow, Privacy Administrator
1515 Broadway, New York, NY 10036
GENERAL PRIVACY INFORMATION
The Service is governed by and operated in accordance with the laws of the United States of America ("U.S.") We make no representation that this Service is operated in accordance with the laws or regulations of, or governed by, other nations. By your participation in our Service activities, you certify that you are at least 13 years of age or the required greater age for certain features and meet any other applicable eligibility requirements. If you participate in activities on this Service, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Service will be collected in or transferred to the U.S. and subject to U.S. law. By using the Service, participating in any Service activities, and/or providing us with your Personal Information and Other Information, you (i) consent to the collection, transfer, processing and/or storage of any Information to and in the U.S., (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that we will deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Service are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued use of the Service indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information and Other Information as described below. We may from time to time, transfer or merge any Personal Information or Other Information collected offline to our online databases or store off-line information in an electronic format. We may also combine Personal Information or Other Information we collect online with information available from other sources, including information received from our Affiliates, marketing companies, or Advertisers (as defined in the Terms of Use Agreement). This Privacy Policy covers all such Information and will remain in full force and effect as long as you are a user of the Service, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
1. COLLECTION AND USE OF INFORMATION (OTHER THAN WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES)
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address, telephone number, instant-messenger nickname, blog or other personal website URL or date of birth. Personal Information also includes information about your personal preferences, game play preferences, lists of your friends and their e-mail addresses, instant-messenger nicknames or other personal identifiable information that you may add to such friend lists, survey responses and your transactions or relationship with us, if you have been a user of the Service or you have provided this type of information to any Affiliates. When we use the term "Other Information", we mean any information other than Personal Information collected by the Site (Personal Information and Other Information, together, the "Information").
We collect Personal Information and Other Information about you when you visit the Service and input information, whether you are registering to use any features or functions of the Service, participating in Promotions (as defined in the Terms of Use Agreement) or in the course of any other exchanges of information, transactions and activities. We may use the Information we obtain from you, including Personal Information and Other Information, to tailor your experience of the Service, to display content we think may be of interest to you, or to let us customize what you see when you visit use the Service according to your preferences.
a. Collection of Information During Registration To the extent we offer user registration for the Service, to register as a member of the Service, you are required to select a user name and password (together, your "User ID") and also may be required to provide other Information such as your e-mail address, first and last name, gender and date of birth. Additional Information may be requested during the registration process (but not required). We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your Information current, but once you select a user name during registration and it is associated with your User ID, you will not be able to change that user name. Among other things, these kinds of Information help us securely identify you as a registered or permitted user of the Service and our features and functions. You will not be able to change your date of birth without sufficient verification.
All registered user member benefits are free. As a registered user of the Service, from time to time we may also provide you with certain options to subscribe to a selection of free e-mail newsletters and other periodic information. You may select such options by opting-in at the time of registration or by responding to an offer or invitation at a later date. You will also have the right to opt-out (unsubscribe) or change your preferences at any time by logging in with your User ID and changing the settings in your account. You may also opt-out to particular e-mail communications by using the opt-out procedure included in that e-mail or by unsubscribing through http://insider.xfire.com/phase2/survey1/change.htm?cid=faxfzx.
If you are a registered user, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Service in connection with your registration. You also agree to this Privacy Policy and the Terms of Use Agreement.
b. Collection of Information During Registration or In Connection with Certain Features and Functions During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain Information about you in order for us to allow you to use the features and functions that we may offer on the Service, such as instant messaging, Software downloads, chat rooms, message boards, electronic mail services, messaging services, auctions, Communities, Viral Features, registration and member profile pages.
c. Collection of Information in Connection with Promotions such as Contests and Sweepstakes To the extent we offer user registration on the Service, registration as a member of the Service is not always required to enter Promotions such as contests and sweepstakes. There may be a separate registration process that will require the submission of all or some of the following: your first and last name, street address, city, state and zip code, e-mail address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of suchInformation may be optional. The Promotion's entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to special Promotions or offers from our Advertisers in connection with many of these types of Promotions.
d. Use of Information in Connection with Promotions and Offers; Opt-out Procedures We or our Affiliates may contact the Service's registered users or other users that have registered for or participated in various Service events, Promotions, or transactions, or we may send offers for the purchase of goods and/or services that may be of interest to users.
You may unsubscribe ("opt out") of receiving marketing and promotional e-mails or text messages from us at any time by going to the Xfire Insider Subscription Management page and clicking "Manage My Subscription. You may also use the opt-out mechanism that is contained in an e-mail or text message. However, we or our Affiliates may continue to contact you via e-mail for administrative or informational purposes, including, but not limited to, follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, goods and/or services or Products you have ordered or other transactions you have undertaken with or through the Service.
In the event that we or our Affiliates unknowingly send an e-mail or text message to a child (a person under the age of 13 or greater age where applicable) or Ineligible Teenager (as defined in Section 9) who has registered with the Service or its features in violation of the Service's Terms of Use Agreement, the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian always has the right to opt-out from receiving future e-mails or text messages via the opt-out mechanism contained in the e-mail or message, or to request termination of the child's or Ineligible Teenager's account with the Service. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18 or the age of majority in your state or territory). Please see the Delete Your Information section for details.
e. Sharing of Aggregate Information with Third Parties Some of the aggregate Information we collect may be shared with Advertisers, our Parent Companies and Affiliates and other business partners of the Service, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.
f. Use of Communities If you use any of the Communities features and functions made available on or through the Service, please remember that any Information disclosed in these venues may be automatically made public and there is no expectation of privacy or confidentiality there. You should exercise caution when disclosing any Information in the Communities, as you do not know who will access and use your Information or for what purposes. Xfire, the Parent Companies and Affiliates are in no way responsible for the accuracy, use or misuse of any Information that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
2. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Xfire may provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones and in the event we do so, users are required to provide their consent to receive such information from Xfire either by registering on the Service or via their wireless device. Such services and promotional opportunities are provided by Affiliates for Xfire. The Personal Information requested as part of the online registration process may include a user's telephone number or a wireless e-mail address, but only if specifically requested, and the carrier's name. Other information may be requested for specific Promotions, such as a user's preferences regarding goods or services, choices of video games or other similar survey information. Depending on the Promotion, we also may collect an Internet e-mail address or other Information and depending on the Information collected, the user may also be required to confirm his/her agreement to this Privacy Policy and the Terms of Use Agreement.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Information when using a wireless communications device.
Users who register for Xfire's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from Xfire. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Service, Xfire, Parent Companies or Affiliates be responsible for any wireless e-mail or text messaging charges incurred by a user or person who has access to a user’s wireless device, telephone number or e-mail address.
a. Registration To the extent we provide wireless marketing services, there are two registration methods provided for Xfire's wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Service/SMS) method, at the discretion of Xfire, depending on the type of Promotion. Premium rate services will require the "double opt-in" (Service/SMS or SMS/SMS) method.
1) Single Opt-in Method In response to print, radio, television, Internet or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user's voluntary submission of the designated word or code to Xfire will mean that the user has freely and affirmatively granted permission to Xfire to send text messages to him or her. Xfire will thank the user for his or her registration by sending a "Thank you" message. The user may terminate the service at any time by using the unsubscribe command in any text message from Xfire or by sending a text message to Xfire that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".
2) Double Opt-in (Service/SMS) Method In response to print, radio, television, Internet or other promotional messages, users will be directed to the Service's web site to start the registration process. The user must affirmatively consent to Xfire's sending of wireless messages to his or her designated wireless device by submitting a telephone number (or wireless e-mail address, only if requested Xfire and by clicking the consent statement on the Service's registration page. The user must also agree to the Service's Privacy Policy and Terms of Use Agreement before the online registration process is completed. Xfire will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Xfire to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Xfire's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time, provided, that Xfire may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Xfire continues to offer the specific wireless marketing service.
3) Double Opt-in (SMS/SMS) Method In response to print, radio, television, Internet or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Xfire will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Xfire to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Xfire's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time, provided, that Xfire may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Xfire continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User Regardless of which of the above opt-in methods was used to register, users may revoke their consent to receive messages from Xfire by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by Xfire at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Xfire will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with Xfire. If the user unsubscribes from one or all of Xfire services via his or her wireless device, the services will be terminated immediately and will cancel the user's previous opt-in.
c. Termination of Wireless Services by Xfire A user understands, acknowledges and agrees that Xfire may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Xfire may provide notice of terminations or changes in services on this Service.
d. Use of Information Xfire will not use a wireless telephone number, wireless or conventional Internet e-mail address, or other Personal Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share such Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share such Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.
3. ACCURACY AND CONFIDENTIALITY It is your responsibility to give us current, complete, truthful and accurate Information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete Information or you fail to update such Information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Service and for any use of the Service or any other activity or conduct in connection with the Service by any others who use your User ID, unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party.
Bear in mind that when you submit Information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Service.
4. COOKIES AND OTHER AGGREGATE DATA We use "cookie" technology to collect data regarding your visits to the Service. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:
The Service may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Service and our web-based newsletters or other communications which you may choose to receive. Often these third-party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your Information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your Information. This Privacy Policy does not cover any use of Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Use of Advertisers' tracking technology is subject to their own privacy policies. For more information about these third party servers and how to "opt out" of the ad-serving cookie or tracking technology, please click here.
Although we may track the numbers of users to inform us on how best to update the Service and enhance the experience for all users, Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Service, enhance and improve our services, customize your experience of the Service, improve the look of the Service and display advertising and marketing information. You may choose to have your Device warn you each time a cookie or image tag is being sent, or you may choose to turn off all such devices. This is typically done through your browser. If you turn cookies off, you may not have access to many features of the Service that make your online experience more efficient and enjoyable, like the features mentioned above, and some of our other services will not function properly.
5. PRIVACY OF YOUR POSTINGS We respect the privacy of the contents of any Personal Information related to or contained in a Posting, unless the information is intended to be disclosed (such Personal Information, except as intended to be disclosed, is called "Confidential Personal Information"). However, we reserve the right to monitor, edit and disclose your use of the Service or Confidential Personal Information to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the terms of the Terms of Use Agreement, or to protect the interests of our users, Advertisers, Parent Companies, Affiliates, licensors, suppliers, operational service providers and others. Please see the Terms of Use Agreement for details regarding Postings.
6. DISCLOSURE TO THIRD PARTIES We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. As stated above, we will disclose Personal Information related to or contained in a Posting in connection with the display of and other services relating to such Posting, as such Personal Information is intended to be disclosed. When we plan to disclose your Personal Information to Advertisers, we ask for you to opt in to do so, in which case their use of your Personal Information is subject to the Advertisers' own privacy policies. We may disclose Personal Information to Affiliates for marketing and/or administrative purposes and you will have the right to opt-out of such disclosure for marketing purposes. (For opt-out procedures, please see the above section of this Privacy Policy entitled "Use of Personal Information in Connection with Promotions and Offers; Opt-Out Procedures").
a. Co-Branded Services and Features The Service may also offer co-branded services and features, such as events and Promotions, that we put together with another company or our Affiliates ("Co-Branded Partner"). Such services and features may be hosted on the Service and/or our Co-Branded Partner's website. We may share your Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Service and our Co-Branded Partner to collect and use your Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's future use of your Information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. Registered or other users that participate in certain services relating to Postings, such as user video uploads, agree to have certain Information posted on the Service or Platforms (as defined in the User Content Submission Agreement that relates to user video uploads) or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded partner's website in connection with the display of the uploaded video and posted on any platform that the uploaded video may be posted. Registered or other users that upload videos may also be required to submit additional Information.
b. Operational Service Providers We also have the right to disclose your Information to third parties for the purpose of administering and maintaining the Service's features, functions and operations. We will refer to these third parties as "operational service providers". We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Confidential Personal Information to third party marketers that are not associated with the Service. Additionally, such operational service providers are not permitted to use your Personal Information or Confidential Personal Information for their own marketing or promotional purposes.
7. SECURITY & PROTECTION OF INFORMATION We maintain reasonable standards of security and confidentiality. However, for most Internet sites or services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Service. We also limit access to the Service by our own employees to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
8. PHISHING Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND E-MAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such an e-mail communication, please forward it immediately to the Service's Privacy Administrator at privacy-admin@xfire.com, and then immediately delete the fraudulent e-mail from your computer.
9. REVIEW, UPDATE OR DELETE YOUR PERSONAL INFORMATION Generally, you may review, update or delete your Personal Information or Confidential Personal Information collected by the Service. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension of your account or termination of any registration you may have made. To review, update or delete your Personal Information or Confidential Personal Information collected by the Service, please click "PROFILE" on the homepage and sign in with your User ID. Then, click on "EDIT PROFILE" to change, update, or delete your Personal Information.
If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to contact the Service's Privacy Administrator via e-mail with a request at privacy-admin@xfire.com and be prepared to provide verification of your identity. Personal Information collected for certain entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.
Children under the age of 13 or who do not meet any greater applicable age requirements of this Service ("Ineligible Teenagers") and who are unknowingly registered on the Service are in violation of the Terms of Use Agreement. Parents (including legal guardians) of such children or Ineligible Teenagers who wish to terminate their child's or Ineligible Teenager's membership (i) may use their child's or Ineligible Teenager's User ID to gain direct access to the account, and select "EDIT PROFILE" or (ii) may e-mail the Service's Privacy Administrator and provide their child's or Ineligible Teenager's User ID and request to terminate their child's or Ineligible Teenager's account and registration. We will not allow direct access to a user's account and Personal Information by any person without the user's User ID (please see above for how to change account preferences or Information associated with an account). If a parent does not have their child's or Ineligible Teenager's User ID, the parent will be required to e-mail the Service’s Privacy Administrator and provide the parent's name, address, telephone and e-mail address, in addition to the child's or Ineligible Teenager's name, e-mail address as registered on the Service, and date of birth. The parent must also provide verifiable identification that they are the parent of the ineligible child or Ineligible Teenager. Xfire will send a confirming e-mail to the parent via the e-mail address provided, to verify that the parent wishes to terminate their child's or Ineligible Teenager's account and registration. The parent must then confirm by sending a reply e-mail to the designated return address. Xfire will then terminate the child's or Ineligible Teenager's account, but will notify the child or Ineligible Teenager of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request.
We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Service if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions. And if the burden or expense of providing access to your Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
10. QUESTIONS If you have questions about this Privacy Policy or how we collect, maintain, use or share your Information, you may contact us directly by sending an e-mail to privacy-admin@xfire.com.
11. SOLE STATEMENT This document is the sole statement of the Service's Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Privacy Policy was last modified on January 7th, 2010 and is effective immediately.
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