| Language: |
Kongregate Privacy Policy
If you’re reading this, it’s because you want to know: (1) what information we, Kongregate, Inc., are collecting on www.kongregate.com, from Kongregate mobile games, or through social media sites such as Facebook; (2) what we’re doing with the information we collect; and (3) what your options are related to the information we collect. If you have any questions or concerns after reading this, please email us at support@kongregate.com.
This Privacy Policy applies to the Kongregate website located at www.kongregate.com (“Site”), all mobile games published by Kongregate (“Mobile Applications”), and Kongregate games that can played through social media sites such as Facebook (“SM Games”). It also applies to information we collect about you offline, such as in telephone calls or through email correspondence.
By accessing the Site and/or the Mobile Applications, or playing SM Games, you agree to and accept this Privacy Policy. This Privacy Policy is effective as of December 2, 2015. In the future, our Site, Mobile Applications, and/or SM Games practices may change, and if appropriate, we will revise this Privacy Policy to reflect the changes, and you agree that the information we collect will be subject to the Privacy Policy in effect at the time we collect that information. We’ll post the updated version here and may contact you with notices concerning our Privacy Policy. In addition, we suggest that you review this Privacy Policy periodically, as it may be updated from time to time.
Information We Collect
Information You Provide on Site: You provide certain personally identifiable information (such as your name and email address) to Kongregate when choosing to participate in various activities on the Site such as chat, posting messages in the games comment section or in our forums, sending feedback, entering contests, responding to surveys, or subscribing to newsletters or other mailing lists. Such information, and additional information (such as address and credit or debit card information) may be collected when uploading a game, or making a purchase.
You may choose to disclose information about yourself in our online chat rooms, forums, game comments or in creating user "profiles". Information that you disclose in these areas is public information, and will be accessible to anyone who uses our Site. However, you may choose to have your profile page be public or private. In the case where you chose to make your profile page private, the information there (including challenges won, "my friends" list, etc.) will only be visible to you.
Other Site Information We Track: The Site uses passive tracking technologies to log information such as IP address, browser type, pages visited, and Site usage (for example: what pages are accessed, how often, referring/exit pages and URLs). We may also employ "cookies" or similar technologies such as web beacons, match scripts, or pixel tags that provide additional functionality to the Site and help us analyze Site usage more accurately. You can set your browser to reject cookies, but if you do, some features on our Site will not function normally.
Invite a Friend: You may invite friends to join the Kongregate community by using the "invite a friend" feature. You will be required to submit your name and email address, as well as their name and email address. Your friend’s personal information that you submit in this feature will be used only to send the email you request, and will not be otherwise stored or maintained by Kongregate.
Information You Provide via Mobile Applications: You may have the option to link your Mobile account to your Site account in certain Mobile Applications. This will allow you to participate in content that crosses between the Site and Mobile games, such as Kongregate level points and badges. If you choose this linking option the information we receive via the Site may also apply to Mobile Applications, and information we receive via your Mobile account may also apply to your usage of the Site and your Site account.
Information We Receive Through Mobile Applications: If you play a Kongregate game on a mobile device (such as your phone or tablet) we can collect mobile device identifiers that can include things like your MAC address and IP address. We may also collect information such as device name and type, operating system, telephone number, country, and any other information you choose to provide such as your game character name or e-mail address. Additionally, we may access third party information such as your phone or Facebook contacts provided you allow your device to connect to services and you have given the application permission to access this information. We may only collect this information with your authorization and according to the rules you have established within your device permissions.
Mobile Application Notifications: With your consent, Kongregate mobile applications may send push notifications to your mobile device to provide game information, news, updates, or other relevant information. You can manage these updates from the ‘options’ or ‘settings’ page from within the Mobile Application or from your device control panel that manages these notifications.
Information We Receive From Social Media Sites: As previously noted, you can play Kongregate games through social media sites such as Facebook. When you play these SM Games, backend system vendors such as PlayFab (https://playfab.com/privacy/) may collect certain pieces of information from you such as player IDs, session information, and purchase data, as well as personal information including email address, gender, and birthday and/or age range. This collection of information is governed by backend system vendors’ and Facebook’s privacy practices. You should read those policies carefully before playing SM Games. Backend system vendors may share with us information it collects when you play SM Games on Facebook such as player IDs, session information, and purchase data, as well as personal information including email address, gender, and birthday and/or age range.
The information that backend system vendors receive about you when you play SM Games may also depend on your privacy and/or other settings you have with Facebook. If you want more details about what information Facebook shares via games on its platform, you should review Facebook’s policies.
Do Not Track: Do Not Track (DNT) is a privacy preference that users can set in their web browsers allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, Kongregate does not recognize DNT.
How We Use This Information
We use the information we collect from the Site, Mobile Applications and SM Games to respond to your requests and provide customer service, to remit revenue share payments, process credit card payments, let you know about new games and other news from Kongregate, ask for your input and feedback on what we are doing, provide personalized services and recommendations, to make certain offers available that we believe may be of interest to you, and as may otherwise be described in this Privacy Policy or at the time that we collect information from you.
We use both your personally identifiable information and certain non-personally identifiable Site usage data to improve the quality and design of the Site, Mobile Applications, and SM Games, to make certain offers available that we believe may be of interest to you, and to create new features, promotions, and services by storing, tracking, and analyzing user preferences and trends.
We may also combine the information you submit to us with information we have collected from you in other forums, such as through emails or offline, or with publicly available information or information we obtain from third parties. When so combined, we or our business partners may use the combined information to make offers to you that we believe may be of interest to you.
When We Might Disclose Information/Other Disclosures
As part of our regular business conduct, we may share information with companies or individuals providing services or acting on our behalf, such as companies providing technological or fulfillment services or acting as our marketing partners. In the event that there is a change of corporate ownership, the new owners will of course be provided with our files, including information you have submitted. We will provide information in response to subpoenas, and we also will share information with government officials, including law enforcement officials or court authorities, in order to initiate or cooperate with any law enforcement or governmental investigation.
Unless we tell you first (such as at the time we collect information from you), or unless it is part of a specific program or feature in which you have elected to participate, we do not share personally identifiable information that we have collected (such as name or email address) with other, third-party companies for their own commercial or marketing purposes.
If you play SM Games through social media sites such as Facebook, your social media “friends,” other players, or other types of connections may, depending on your social media privacy settings, be able to: (1) see certain personal information about you; (2) view your game activity; and/or (3) communicate with you or send you “friend” or other connection requests through the social media service.
Links and Third Parties
From time to time we may include on the Site, Mobile Applications and/or SM Games links to other websites as a service to you. The third party sites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.
We sometimes work with third parties to add features, advertisements, or offers to our Site, Mobile Applications, or SM Games. These third parties may place cookies on your browser when you visit certain pages, or collect cookies that they have previously placed, along with the URL of the page you visited. We may have to pass these providers a non-personally identifiable user number specific to your Mobile Application to properly credit your account. Additionally, the Site, Mobile Applications, and/or SM Games may utilize third party tracking services to anonymously analyze your usage activity, which will be used to improve the Site, Mobile Application, and SM Games experiences. We do not control those third parties or their use of data. In some cases we may provide tools for you to limit data sent to third parties. This Privacy Policy does not cover those third parties’ use of data.
To personalize the Site, and to simplify the registration process, we give you the option to link your account with Facebook. When you link your account, Facebook may share data about you with us, and we may share information about you with Facebook. In addition, Kongregate users who are your friends on Facebook will be shown your Kongregate username if you have both linked your Facebook accounts. For more detail on how this feature works, please see our FAQ.
Security
We strive to maintain the security of your personal information through a variety of security measures. We urge you to protect your password by not sharing it with anyone else, and to take measures to prevent it from unauthorized access or disclosure. For example, select number and letter combinations that would be difficult for a third party (or hacking program) to determine, and do not write down your password next to your computer. To learn more about how to protect yourself online, we encourage you to visit the government’s website at www.onguardonline.gov.
Children’s Privacy
The Site, Mobile Applications, and SM Games are designed for and directed at people 18 years of age or older. We do not knowingly collect information from children under 13. If Kongregate learns that a child under the age of 13 has submitted personally identifiable information online in contravention of these measures, it will terminate access to the account immediately and will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or other as required or allowed by law). If you become aware of any personal information we have collected from children under 13, please contact us at support@kongregate.com.
For additional tips on how to help children stay safe on the Internet, we recommend that you visit the following sites:
www.ftc.gov/privacy/privacyinitiatives/childrens.html
www.ftc.gov/bcp/edu/pubs/consumer/tech/tec14.shtm
www.onguardonline.gov/features/feature-0002-featured-info-parents
Right to Remove Posted Information — California Minors
If you are under 18 years of age, reside in California, and have a registered account on the Site, Mobile Applications, or through the SM Games, you have the right to request removal of unwanted information that you publicly post on the Site, Mobile Applications, or through the SM Games. To request removal of such information, you can contact Kongregate using the email address associated with your account at support@kongregate.com stating that you reside in California. Upon receiving such a request, Kongregate will make sure that the information is not publicly available on our Site, Mobile Applications, or through our SM Games, but the information may not be completely or comprehensively removed from all Kongregate systems. Please note that any removal of content by Kongregate does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information. There may be places, especially if the content is posted on a social media site, that Kongregate has no control over and therefore cannot remove the content.
Your Options
If you are receiving Kongregate email advertisements and no longer wish to receive those email messages, you may opt out at the time you receive the message by following the instructions in that email. Please allow ten (10) days for your request to be processed.
If you wish to review, edit or delete information you have provided to Kongregate, you may access your account information on the Site at any time by clicking on your username at the top of the Site homepage.
If you wish to edit or manage the information Kongregate receives from social media sites, you need to follow the applicable instructions at the specific social media site. For example, Facebook’s relevant policy in this regard can be found here: https://www.facebook.com/privacy/explanation. Please note that once Kongregate receives any personal information from a social media site as a result of a user playing SM Games, it will be stored and handled in accordance with this Privacy Policy.
If you do not agree with the privacy practices described in this Privacy Policy, it may be best to limit your level of interaction with our Site, Mobile Applications, and/or SM Games, which could include simply not providing us with personal information. While this will limit the services that our Site, Mobile Applications, and/or SM Games are able to provide (chat, friends lists, challenges, etc.), most of the games will remain playable. This option may be best for those who do not wish to provide the mandatory information required to set up an account.
For questions or concerns regarding the use of personal information you submit to us, please contact us at support@kongregate.com.
Kongregate
450 Sansome Street
12th Floor
San Francisco, CA 94111
Kongregate Terms of Use
Your use of this Kongregate web site ("Site"), and your use of any account you create at the Site ("Account") is subject to these Terms of Use (“Terms”), which we may update from time to time. Your use of this Site or your Account after we post any changes to these Terms constitutes your agreement to those changes. Kongregate may, in its sole discretion, elect to warn you if you have been found in violation of these Terms, however it retains the right and may at any time, discontinue or modify this Site or any part thereof, or may discontinue or modify your use of this Site or your Account, with or without notice to you at any time.
You agree that you do not have any rights in this Site and that Kongregate will have no liability to you if this Site is modified, discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site and your Account.
Kongregate Content
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Kongregate and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. For information about content posted by Users, please refer to Ownership of User Content and License Thereto below. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Kongregate subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
You agree not to display or use any Content or third party content located on the Site (excepting games listed under 'Games for Your Site') in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Kongregate, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Kongregate and/or its licensors, that dilutes the strength of Kongregate’s or its licensor’s property, or that otherwise infringes Kongregate’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please go to our Proprietary Rights Complaint Process page and follow the instructions at that area.
Posting User Content
On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and the following posting rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by Kongregate, or may otherwise have their access to the Site restricted by Kongregate.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Kongregate about other users.
No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Kongregate. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use: This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by Kongregate, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. Notwithstanding the foregoing, you may submit "adver-games," i.e., games that advertise a specific product or service, provided that you execute a Game Uploading Agreement and provided that the User Content otherwise conforms to these Posting Rules and Terms.
No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post any software, files or links to other sites except as may be specifically permitted by Kongregate, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud."
Account Information: You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility of Postings: You understand and acknowledge that User Content is solely your responsibility, and that Kongregate is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Kongregate, and Kongregate does not endorse and has no control over User Content. User Content is not necessarily reviewed by Kongregate prior to posting and Kongregate makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices: Notwithstanding the foregoing, Kongregate does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, please follow our Posting Rules Dispute Process.
Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. Kongregate may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Kongregate deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. Kongregate assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
No Confidentiality: The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Kongregate may be used by Kongregate anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below.
Ownership of Posted Content and License Thereto
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). Kongregate may delete any User Content that in the sole judgment of Kongregate violates these Terms or the Posting Rules.
Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Kongregate a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site.
Representations: You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
Indemnification
You agree to indemnify and hold Kongregate, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
Privacy/Children
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.
Third Party Websites
This Site may hyperlink to sites not maintained or related to Kongregate. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this web site or Kongregate, and Kongregate makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Kongregate has no control over how your information is collected, used, or otherwise handled.
Representations, and Limitations of Liability
Kongregate makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Kongregate makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KONGREGATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KONGREGATE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KONGREGATE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL KONGREGATE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous
Both you and Kongregate acknowledge and agree that no partnership is formed and neither of you nor Kongregate has the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Kongregate, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and Kongregate regarding the use of the Site and your Account.
If you’re reading this, it’s because you want to know: (1) what information we, Kongregate, Inc., are collecting on www.kongregate.com, from Kongregate mobile games, or through social media sites such as Facebook; (2) what we’re doing with the information we collect; and (3) what your options are related to the information we collect. If you have any questions or concerns after reading this, please email us at support@kongregate.com.
This Privacy Policy applies to the Kongregate website located at www.kongregate.com (“Site”), all mobile games published by Kongregate (“Mobile Applications”), and Kongregate games that can played through social media sites such as Facebook (“SM Games”). It also applies to information we collect about you offline, such as in telephone calls or through email correspondence.
By accessing the Site and/or the Mobile Applications, or playing SM Games, you agree to and accept this Privacy Policy. This Privacy Policy is effective as of December 2, 2015. In the future, our Site, Mobile Applications, and/or SM Games practices may change, and if appropriate, we will revise this Privacy Policy to reflect the changes, and you agree that the information we collect will be subject to the Privacy Policy in effect at the time we collect that information. We’ll post the updated version here and may contact you with notices concerning our Privacy Policy. In addition, we suggest that you review this Privacy Policy periodically, as it may be updated from time to time.
Information We Collect
Information You Provide on Site: You provide certain personally identifiable information (such as your name and email address) to Kongregate when choosing to participate in various activities on the Site such as chat, posting messages in the games comment section or in our forums, sending feedback, entering contests, responding to surveys, or subscribing to newsletters or other mailing lists. Such information, and additional information (such as address and credit or debit card information) may be collected when uploading a game, or making a purchase.
You may choose to disclose information about yourself in our online chat rooms, forums, game comments or in creating user "profiles". Information that you disclose in these areas is public information, and will be accessible to anyone who uses our Site. However, you may choose to have your profile page be public or private. In the case where you chose to make your profile page private, the information there (including challenges won, "my friends" list, etc.) will only be visible to you.
Other Site Information We Track: The Site uses passive tracking technologies to log information such as IP address, browser type, pages visited, and Site usage (for example: what pages are accessed, how often, referring/exit pages and URLs). We may also employ "cookies" or similar technologies such as web beacons, match scripts, or pixel tags that provide additional functionality to the Site and help us analyze Site usage more accurately. You can set your browser to reject cookies, but if you do, some features on our Site will not function normally.
Invite a Friend: You may invite friends to join the Kongregate community by using the "invite a friend" feature. You will be required to submit your name and email address, as well as their name and email address. Your friend’s personal information that you submit in this feature will be used only to send the email you request, and will not be otherwise stored or maintained by Kongregate.
Information You Provide via Mobile Applications: You may have the option to link your Mobile account to your Site account in certain Mobile Applications. This will allow you to participate in content that crosses between the Site and Mobile games, such as Kongregate level points and badges. If you choose this linking option the information we receive via the Site may also apply to Mobile Applications, and information we receive via your Mobile account may also apply to your usage of the Site and your Site account.
Information We Receive Through Mobile Applications: If you play a Kongregate game on a mobile device (such as your phone or tablet) we can collect mobile device identifiers that can include things like your MAC address and IP address. We may also collect information such as device name and type, operating system, telephone number, country, and any other information you choose to provide such as your game character name or e-mail address. Additionally, we may access third party information such as your phone or Facebook contacts provided you allow your device to connect to services and you have given the application permission to access this information. We may only collect this information with your authorization and according to the rules you have established within your device permissions.
Mobile Application Notifications: With your consent, Kongregate mobile applications may send push notifications to your mobile device to provide game information, news, updates, or other relevant information. You can manage these updates from the ‘options’ or ‘settings’ page from within the Mobile Application or from your device control panel that manages these notifications.
Information We Receive From Social Media Sites: As previously noted, you can play Kongregate games through social media sites such as Facebook. When you play these SM Games, backend system vendors such as PlayFab (https://playfab.com/privacy/) may collect certain pieces of information from you such as player IDs, session information, and purchase data, as well as personal information including email address, gender, and birthday and/or age range. This collection of information is governed by backend system vendors’ and Facebook’s privacy practices. You should read those policies carefully before playing SM Games. Backend system vendors may share with us information it collects when you play SM Games on Facebook such as player IDs, session information, and purchase data, as well as personal information including email address, gender, and birthday and/or age range.
The information that backend system vendors receive about you when you play SM Games may also depend on your privacy and/or other settings you have with Facebook. If you want more details about what information Facebook shares via games on its platform, you should review Facebook’s policies.
Do Not Track: Do Not Track (DNT) is a privacy preference that users can set in their web browsers allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, Kongregate does not recognize DNT.
How We Use This Information
We use the information we collect from the Site, Mobile Applications and SM Games to respond to your requests and provide customer service, to remit revenue share payments, process credit card payments, let you know about new games and other news from Kongregate, ask for your input and feedback on what we are doing, provide personalized services and recommendations, to make certain offers available that we believe may be of interest to you, and as may otherwise be described in this Privacy Policy or at the time that we collect information from you.
We use both your personally identifiable information and certain non-personally identifiable Site usage data to improve the quality and design of the Site, Mobile Applications, and SM Games, to make certain offers available that we believe may be of interest to you, and to create new features, promotions, and services by storing, tracking, and analyzing user preferences and trends.
We may also combine the information you submit to us with information we have collected from you in other forums, such as through emails or offline, or with publicly available information or information we obtain from third parties. When so combined, we or our business partners may use the combined information to make offers to you that we believe may be of interest to you.
When We Might Disclose Information/Other Disclosures
As part of our regular business conduct, we may share information with companies or individuals providing services or acting on our behalf, such as companies providing technological or fulfillment services or acting as our marketing partners. In the event that there is a change of corporate ownership, the new owners will of course be provided with our files, including information you have submitted. We will provide information in response to subpoenas, and we also will share information with government officials, including law enforcement officials or court authorities, in order to initiate or cooperate with any law enforcement or governmental investigation.
Unless we tell you first (such as at the time we collect information from you), or unless it is part of a specific program or feature in which you have elected to participate, we do not share personally identifiable information that we have collected (such as name or email address) with other, third-party companies for their own commercial or marketing purposes.
If you play SM Games through social media sites such as Facebook, your social media “friends,” other players, or other types of connections may, depending on your social media privacy settings, be able to: (1) see certain personal information about you; (2) view your game activity; and/or (3) communicate with you or send you “friend” or other connection requests through the social media service.
Links and Third Parties
From time to time we may include on the Site, Mobile Applications and/or SM Games links to other websites as a service to you. The third party sites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.
We sometimes work with third parties to add features, advertisements, or offers to our Site, Mobile Applications, or SM Games. These third parties may place cookies on your browser when you visit certain pages, or collect cookies that they have previously placed, along with the URL of the page you visited. We may have to pass these providers a non-personally identifiable user number specific to your Mobile Application to properly credit your account. Additionally, the Site, Mobile Applications, and/or SM Games may utilize third party tracking services to anonymously analyze your usage activity, which will be used to improve the Site, Mobile Application, and SM Games experiences. We do not control those third parties or their use of data. In some cases we may provide tools for you to limit data sent to third parties. This Privacy Policy does not cover those third parties’ use of data.
To personalize the Site, and to simplify the registration process, we give you the option to link your account with Facebook. When you link your account, Facebook may share data about you with us, and we may share information about you with Facebook. In addition, Kongregate users who are your friends on Facebook will be shown your Kongregate username if you have both linked your Facebook accounts. For more detail on how this feature works, please see our FAQ.
Security
We strive to maintain the security of your personal information through a variety of security measures. We urge you to protect your password by not sharing it with anyone else, and to take measures to prevent it from unauthorized access or disclosure. For example, select number and letter combinations that would be difficult for a third party (or hacking program) to determine, and do not write down your password next to your computer. To learn more about how to protect yourself online, we encourage you to visit the government’s website at www.onguardonline.gov.
Children’s Privacy
The Site, Mobile Applications, and SM Games are designed for and directed at people 18 years of age or older. We do not knowingly collect information from children under 13. If Kongregate learns that a child under the age of 13 has submitted personally identifiable information online in contravention of these measures, it will terminate access to the account immediately and will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or other as required or allowed by law). If you become aware of any personal information we have collected from children under 13, please contact us at support@kongregate.com.
For additional tips on how to help children stay safe on the Internet, we recommend that you visit the following sites:
www.ftc.gov/privacy/privacyinitiatives/childrens.html
www.ftc.gov/bcp/edu/pubs/consumer/tech/tec14.shtm
www.onguardonline.gov/features/feature-0002-featured-info-parents
Right to Remove Posted Information — California Minors
If you are under 18 years of age, reside in California, and have a registered account on the Site, Mobile Applications, or through the SM Games, you have the right to request removal of unwanted information that you publicly post on the Site, Mobile Applications, or through the SM Games. To request removal of such information, you can contact Kongregate using the email address associated with your account at support@kongregate.com stating that you reside in California. Upon receiving such a request, Kongregate will make sure that the information is not publicly available on our Site, Mobile Applications, or through our SM Games, but the information may not be completely or comprehensively removed from all Kongregate systems. Please note that any removal of content by Kongregate does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information. There may be places, especially if the content is posted on a social media site, that Kongregate has no control over and therefore cannot remove the content.
Your Options
If you are receiving Kongregate email advertisements and no longer wish to receive those email messages, you may opt out at the time you receive the message by following the instructions in that email. Please allow ten (10) days for your request to be processed.
If you wish to review, edit or delete information you have provided to Kongregate, you may access your account information on the Site at any time by clicking on your username at the top of the Site homepage.
If you wish to edit or manage the information Kongregate receives from social media sites, you need to follow the applicable instructions at the specific social media site. For example, Facebook’s relevant policy in this regard can be found here: https://www.facebook.com/privacy/explanation. Please note that once Kongregate receives any personal information from a social media site as a result of a user playing SM Games, it will be stored and handled in accordance with this Privacy Policy.
If you do not agree with the privacy practices described in this Privacy Policy, it may be best to limit your level of interaction with our Site, Mobile Applications, and/or SM Games, which could include simply not providing us with personal information. While this will limit the services that our Site, Mobile Applications, and/or SM Games are able to provide (chat, friends lists, challenges, etc.), most of the games will remain playable. This option may be best for those who do not wish to provide the mandatory information required to set up an account.
For questions or concerns regarding the use of personal information you submit to us, please contact us at support@kongregate.com.
Kongregate
450 Sansome Street
12th Floor
San Francisco, CA 94111
Kongregate Terms of Use
Your use of this Kongregate web site ("Site"), and your use of any account you create at the Site ("Account") is subject to these Terms of Use (“Terms”), which we may update from time to time. Your use of this Site or your Account after we post any changes to these Terms constitutes your agreement to those changes. Kongregate may, in its sole discretion, elect to warn you if you have been found in violation of these Terms, however it retains the right and may at any time, discontinue or modify this Site or any part thereof, or may discontinue or modify your use of this Site or your Account, with or without notice to you at any time.
You agree that you do not have any rights in this Site and that Kongregate will have no liability to you if this Site is modified, discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site and your Account.
Kongregate Content
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Kongregate and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. For information about content posted by Users, please refer to Ownership of User Content and License Thereto below. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Kongregate subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
You agree not to display or use any Content or third party content located on the Site (excepting games listed under 'Games for Your Site') in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Kongregate, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Kongregate and/or its licensors, that dilutes the strength of Kongregate’s or its licensor’s property, or that otherwise infringes Kongregate’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please go to our Proprietary Rights Complaint Process page and follow the instructions at that area.
Posting User Content
On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and the following posting rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by Kongregate, or may otherwise have their access to the Site restricted by Kongregate.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Kongregate about other users.
No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Kongregate. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use: This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by Kongregate, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. Notwithstanding the foregoing, you may submit "adver-games," i.e., games that advertise a specific product or service, provided that you execute a Game Uploading Agreement and provided that the User Content otherwise conforms to these Posting Rules and Terms.
No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post any software, files or links to other sites except as may be specifically permitted by Kongregate, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud."
Account Information: You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility of Postings: You understand and acknowledge that User Content is solely your responsibility, and that Kongregate is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Kongregate, and Kongregate does not endorse and has no control over User Content. User Content is not necessarily reviewed by Kongregate prior to posting and Kongregate makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices: Notwithstanding the foregoing, Kongregate does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, please follow our Posting Rules Dispute Process.
Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. Kongregate may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Kongregate deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. Kongregate assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
No Confidentiality: The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Kongregate may be used by Kongregate anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below.
Ownership of Posted Content and License Thereto
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). Kongregate may delete any User Content that in the sole judgment of Kongregate violates these Terms or the Posting Rules.
Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Kongregate a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site.
Representations: You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
Indemnification
You agree to indemnify and hold Kongregate, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
Privacy/Children
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.
Third Party Websites
This Site may hyperlink to sites not maintained or related to Kongregate. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this web site or Kongregate, and Kongregate makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Kongregate has no control over how your information is collected, used, or otherwise handled.
Representations, and Limitations of Liability
Kongregate makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Kongregate makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KONGREGATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KONGREGATE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KONGREGATE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL KONGREGATE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous
Both you and Kongregate acknowledge and agree that no partnership is formed and neither of you nor Kongregate has the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Kongregate, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and Kongregate regarding the use of the Site and your Account.