May 16, 2008
 
 
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TERMS OF USE & PRIVACY POLICY

High Moon Studios LLC is part of Vivendi Games, Inc., a global leader in multi-platform interactive entertainment. Vivendi Games and its subsidiary companies (collectively "Vivendi Games") respect the privacy of our on-line visitors and recognize the importance of providing a secure environment for them. We have adopted a corporate wide On-Line Privacy Policy that guides how we collect, store, and use the information you provide us. This Privacy Policy details how Vivendi Games safeguards the privacy of its on-line visitors and does not apply to information that may be collected by Vivendi Games off-line. Please note that when you link to other sites from a Vivendi Games website, this Privacy Policy does not apply to, and cannot control the activities on, those other sites. This Privacy Policy and the certification seal located on this page confirms that Vivendi Games is a valid licensee and participating member in the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites have been reviewed and certified by ESRB Privacy Online to meet established online information collection and use practices. As part of this privacy program, we are subject to frequent audits of our sites and other enforcement and accountability mechanisms administered independently by the ESRB.

This Privacy Policy will tell you:

    Click to Confirm
  • What personal identifying information we may collect
  • What other types of information we may collect
  • How your personal information may be used
  • Who is collecting your information
  • What choices you have regarding the collection, use, and distribution of your personal information
  • Whether we collect information from children
  • What cookies are and how we use them
  • What are internet protocol addresses
  • What to do if you want to correct or review your personal information
  • How secure your personal information is
  • What to do if you have a question or complaint

Vivendi Games adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection that went into effect in October 1998.

If you have any questions, complaints, or comments regarding our privacy policy statement or policies, please contact our Privacy Policy Administrator at privacy@vgames.com.

What personal information is collected?
Vivendi Games only collects personal information on a voluntary basis. If an on-line visitor submits information to Vivendi Games, it will usually take the form of either: (1) the purchase of goods or services though our on-line stores, (2) product registration, e-Newsletter registration or registration for on-line game and/or eCard participation, (3) player match-up services, (4) message boards, (5) warranty registrations, (6) sweepstakes and contest registrations, (7) a consumer complaint, (8) surveys, and/or (9) newsletters. Personal information collected may include your name, home address, phone number, and/or e-mail address. We do not require this information to use our products or gain access to our sites, however, you will not be able to utilize certain features that require registration or receive materials such as newsletters unless such information is provided.

Visitors purchasing products or services through our on-line stores will be required to provide additional information such as a valid credit card number, expiration date, and shipping and billing addresses.

Please note that, depending on the Vivendi Games site that you are visiting, many of the activities listed above may not be available and, as such, personal information may not be collected.

What other types of information may we collect?
For some activities, we may ask you to create a username and password and/or to provide other, non-personal information such as your age, date of birth, gender, and/or game and platform preferences; and, combine such information with your personal information. In addition, your web browser or client software may transmit certain geographic information or information regarding your computer (capabilities, etc.) to Vivendi Games. Vivendi Games may use this information to generate aggregate statistics about our user community and may provide such information to advertisers and/or our partners. In addition, Vivendi Games may use such information for security, system integrity (the prevention of hacking, cheats, etc.) or enforcement purposes.

How do we use your personal information?
The personal information you provide Vivendi Games will allow us to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of upgrade opportunities, contests, promotions, or special events and offers. Vivendi Games may enhance or merge the personal information collected at a Vivendi Games site with data from third parties. Vivendi Games may also provide your personal information to other companies or organizations that offer products or services that may be of interest to you. In such cases, we will notify you that the information will be shared and provide you with an opportunity to opt-out.

Lastly, we may use your personal information for internal marketing, profiling, or demographic purposes, so we can adapt our products and services to better suit your needs. We do this to better understand and serve our customers.

Please be advised that personal information submitted by individuals acting solely in a business capacity (e.g., personal information contained in job applicant's resume) is not subject to the uses set forth above or to any other practices stated in this Privacy Policy.

Who is collecting your information?
When you are asked for information while on a Vivendi Games site, you are sharing that information with Vivendi Games and its various divisions and subsidiaries, including but not limited to Blizzard Entertainment and High Moon Studios LLC, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of Vivendi Games' divisions or subsidiaries. In addition, some services are provided in conjunction with partner companies. If your personal information is being collected by another company other than Vivendi Games, you will be notified at the time the information is collected. If you do not want your information shared, you can choose not to allow the transfer of information by not using that particular service or by not providing any information at that time.

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they will adhere to the same privacy and security procedures as Vivendi Games.

Please be aware that advertisers or websites with links to our sites may collect personal information about you. And remember, this Privacy Policy does not apply to, and cannot control the activities of, those other advertisers or websites.

With whom may your personal information be shared?
Vivendi Games may need to disclose your personal information to third party vendors to fulfill product orders or prizes, to process mailings, or to process, analyze, and/or store data. We will require that these entities do not use your personal information for any other purpose, and that they have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us. We reserve the right to disclose your personal information as required by law or in special cases when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against you if you are violating the Terms of Service or Use Agreements for a Vivendi Games site or product, or may be causing injury to or interference (intentionally or unintentionally) with Vivendi Games' rights or property, other users of a Vivendi Games site or product, or anyone else who could be harmed by your activities.

As with any business, your personal information is also an asset of Vivendi Games and will become part of our normal business records. As such, we may also disclose your personal information to a third party if we decide to sell a line of business to that third party, so you can continue to receive service and information in connection with that line of business with as little disruption as possible. Similarly, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal information may be transferred to Vivendi Games' successor or assign.

Vivendi Games sites may also have message boards and/or chat areas, where users can exchange ideas and communicate with one another. When posting to a message board or chat area, please be aware that the information is being made publicly available on-line and the user does so at his or her own risk.

What choices do I have regarding the collection, use, and distribution of my personal information?
Vivendi Games allows you to control the way that we use personal identifying information that we might obtain. At the time you provide personal information, Vivendi Games may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the "mailings" Vivendi Games may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.

California Residents: Your California Privacy Rights:
Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. As detailed above, we do not share our customer's personal information with unaffiliated third parties for direct marketing purposes without their approval.

If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from Vivendi Games (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at:

Vivendi Games Privacy Policy
Attn: Opt-Out Administrator
6060 Center Drive, 5th Floor
Los Angeles, California 90045.

You can also contact us by e-mailing us at opt-out@vgames.com. Please indicate what publications or services you no longer wish to receive so that we may better address your needs.

WHAT ABOUT CHILDREN?

Children Under 13
We recognize the need to provide additional protections for children who visit our Websites. To learn more about our privacy policy protections for kids under the age of 13, click here to read Vivendi Games' Kid's Privacy Policy.

Note to Parents
We recognize a special obligation to protect personal information about young children. We urge parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when on-line. Teenagers under the age of 17 and over the age of 12 should encourage their parents to review this policy and to contact us if they would like to evoke our opt-out policy or to raise any concerns.

What are cookies and how do you use them?
Cookies are a feature of your Web browser that allows Web sites to transfer bits of information to your computer for record-keeping purposes. A cookie stored on your computer can be used to "remember" things like your password, or that you have already registered. This allows us to speed up your future activities, saving the time you would normally spend entering information such as your password or registration. In addition, Vivendi Games may use cookies to retrieve user information for promotional, marketing, or security purposes.

What are Internet protocol addresses?
An Internet protocol ("IP") address is the unique number assigned to your server or Internet Service Provider ("ISP"). Vivendi Games may track such IP addresses for system administration, to report aggregate information, site tracking, or to prevent our servers from being abused.

What do I do if I want to correct or delete my personal information?
If for any reason you are concerned with the way we are using your personal information, or would like to correct or request that we delete such personal information, please contact:

Vivendi Games Privacy Policy
Attention: Privacy Policy Administrator
6060 Center Drive, 5th Floor
Los Angeles, California 90045.

You can also contact us by e-mailing us at privacyonline@vgames.com.

How secure is my personal information?
Vivendi Games has taken steps to assure that all information collected will remain secure and in its original form, i.e. free from any alteration. As such, access to all personal information is strictly controlled. When credit card information is transmitted, for example, we use industry standard, SSL (secure sockets layer) encryption. In addition, we will take reasonable steps to assure that third parties to whom we transfer any data will provide sufficient protection of personal information.

What if I have a question or complaint?
If you have any questions or wish to file a complaint, please feel free to e-mail us at privacy@vgames.com, call us at (310) 431-4554, or send a letter addressed to:

Vivendi Games Privacy Policy
Attention: Privacy Policy Administrator
6060 Center Drive, 5th Floor
Los Angeles, California 90045

Vivendi Games is a licensee of the ESRB's Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB directly at http://www.esrb.org/privacy/contact.jsp

ESRB Privacy Online
Attn.: Director, Privacy Online
317 Madison Avenue, 22 Floor
New York, NY 10017
(212) 759-0700
privacy@esrb.org

By using this Website, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this site. This Privacy Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to this Privacy Policy, we will notify you by posting the change on this website or in this Privacy Policy and, if necessary, give you additional choices regarding such change. Your continued use of the Vivendi Games website will signify your acceptance of these changes.

This Privacy Policy was last updated on May 1, 2007.

© 2007 Vivendi Games, Inc.

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