Last Modified: July 26, 2018
Effective Date: July 26, 2018
Basically Games, LLC (d/b/a Basically Games), a Virginia limited liability company (referred to in this Privacy Policy as “Basically Games”, “we”, “us”, or “our”) respects your privacy and we are committed to protecting it through compliance with this Privacy Policy. Except as otherwise defined herein, all terms used in this Privacy Policy have the meanings set forth in the Terms and Conditions of Use, located at www.basicallygames.com/legal-notices (the “Terms of Use”).
1. Introduction. This Privacy Policy describes the types of information we may collect through your use of the Basically Games Website and our practices for collecting, using, maintaining, protecting, and sharing that information. This Privacy Policy applies to all information that we collect through the Basically Games Website. This Privacy Policy does not apply to information that you provide to third parties or that we may collect from you or about you in other ways, including through e-mails you may send to us or through third parties.
2. Updates to Privacy Policy. As technology changes and as our business grows and develops, we may modify this Privacy Policy from time to time. Changes to this Privacy Policy will be made and will become effective as described in the Terms of Use.
3. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (each a “Child” and collectively, “Children”). Use of the Basically Games Website by Children is prohibited by the Terms of Use. The Basically Games Website is not designed for or marketed to Children, and we do not knowingly collect Personal Information (as defined below) from Children. If we learn we have collected or received Personal Information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us at: contact@basicallygames.com.
4. Definitions. As used in this Privacy Policy:
4.1. “Personal Information” means personally-identifiable information (information relating to an individual that can be used to identify, locate, or contact that individual, alone or when combined with other personal or identifying information), such as: name, home or physical address, e-mail address, phone number, or personal characteristics (such as photos, age or date of birth, race, gender, number or gender of children, height, weight, religion, occupation, education, political party affiliation, medical conditions or other health information, fingerprints, handwriting), Sensitive Information (as defined below), or any other information about an individual that we collect through the Basically Games Website and maintain in personally identifiable form in combination with other personally-identifiable information.
4.2. “Sensitive Information” means Social Security numbers, passport numbers, driver’s license numbers, bank account numbers, credit or debit card numbers, insurance policy numbers, login or authentication credentials (such as passwords), or other similar information.
4.3. “Non-Personal Information” means information or content other than Personal Information, including, for example, aggregated or anonymized information about our users and other information that does not identify any individual.
5. Types of Information Collected.
5.1. Visitor Information. We may automatically collect information about you when you use the Basically Games Website (“Visitor Information”), such as the pages and other materials you access, the amount of data transferred, the links you click, the amount of time you spend interacting with each page, and other information about your interactions with the Basically Games Website, as well as certain standard information that your browser sends to every website that you visit, including your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. The Basically Games Website may use cookies, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about you, your visit, and assisting in displaying relevant promotions and advertising to you. Additionally, third-party widgets such as YouTube may install cookies depending on their configuration. We may use such technologies to share non-Personal Information with third parties or to retrieve Non-Personal Information from third parties. You are not required to accept any cookies to use this site. At this time, the Basically Games Website does not respond to “Do Not Track” signals sent to us by your browser.
5.2. E-mail Newsletter. If you opt-in to our e-mail newsletter or any of our other marketing e-mails, clicking on a link in any of these e-mails may cause you to be personally identified on our Site and may cause portions of your past browsing history on our Site (and other Visitor Information) to be available to our personnel to determine your interests so we may more effectively engage with you and so we may improve our Site. If you do not wish for this tracking to occur, you should not click links in our e-mail newsletter.
5.3. Online Ad Platforms. We may use online ads platforms, including but not limited to the following, which may use cookies, pixel tags, and other technologies to track visitor activity on our websites related to ads:
5.4. Information You Provide. If you use the contact form (located at https://www.basicallygames.com/contact.html), we may collect your first and last name, your e-mail address, your company name, whether or not you want to subscribe to e-mail updates from Basically Games, and other information you choose to share with us. We will store and use such information only in accordance with this Privacy Policy and the Terms of Use. We may combine the information you provide with Visitor Information collected through our Site and with other information we have about you.
5.5. Google Analytics. We may, from time to time, use a tool called “Google Analytics” (including Google Analytics Demographics and Interest Reporting features) to collect information about your use of the Basically Games Website, which helps us provide content that is relevant to you and optimized for the devices that you use (such as smartphones and tablets). We respect and value your privacy, and we never combine the information collected through the use of Google Analytics with Personal Information. We use the information we receive from Google Analytics only to improve the Basically Games Website and our content and marketing. Google’s use and sharing of information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ad Settings tool. As an added privacy measure, you can use the Google Analytics Opt-out Browser Add-on.
6. Use of Non-Personal Information. We may use Non-Personal Information (including, for example, aggregated information about our users or information that does not identify any individual) for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or services, and research), and we may share Non-Personal Information with others, including our partners, affiliates, and our service providers.
7. Use of Personal Information.
7.1. We will only store and use your Personal Information as is reasonably necessary or appropriate in connection with your use of the Basically Games Website, including: (a) to contact you in connection with your use of the Basically Games Website, including to respond to your inquiries; (b) to facilitate our provision of the Basically Games Website; (c) to provide you with notices about Basically Games; (d) to fulfill any other purpose for which you provide such information to us; (e) in any other way we may describe when you provide the information; (f) to carry out our obligations and enforce our rights; (g) to provide you with relevant advertising and promotions; (h) to ensure your compliance with the Terms of Use; and (i) to protect our networks, data, software, or business interests. You understand and agree that we may transfer, process, maintain, and store your Personal Information and other information in any country (or in multiple countries), including countries other than your country of residence or the country or countries where you use the Basically Games Website.
7.2. We are committed to protecting your privacy and we will not sell, lease, or disclose your Personal Information to any third party except as described in this Privacy Policy. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. We do not share Personal Information with our advertisers unless you opt-in to such sharing as described in Section 8 below. However, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
7.3. In addition to using and disclosing your Personal Information in the manner described above and elsewhere in this Privacy Policy, we may disclose your Personal Information:
7.3.1. to any person, entity or organization which you consent for us to disclose your Personal Information to;
7.3.2. to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our users is among the assets transferred;
7.3.3. to any of the Basically Games Parties (as defined in the Terms of Use), our business partners and agents who provide hosting services, and website, e-mail, and technical support providers, as is necessary or appropriate in connection with the operation, maintenance, and support of the Basically Games Website and our communications with you;
7.3.4. to any person, entity or organization in order to facilitate the provision of the Basically Games Website or our communications with you;
7.3.5. to comply with any legal requirements, subpoena, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;
7.3.6. as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury or property damage;
7.3.7. to law enforcement, financial institutions, or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity; and
7.3.8. if we believe it is necessary or appropriate to protect the rights, property, or safety of the Basically Games Parties, our users, or third parties (including, without limitation, to facilitate the enforcement of our rights under the Terms of Use.
8. Opt-In Sharing Features. We will not knowingly disclose your Personal Information to a third party if we know or have reason to believe that the third party will use your Personal Information for direct marketing purposes, unless you choose to opt-in to such sharing.
9. Security. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through the Basically Games Website. Any transmission of Personal Information is at your own risk.
10. Third Party Sites. The Basically Games Website may contain links to other websites that are operated by third parties. Once you have clicked on a link connecting you to such third party website, you will leave the Basically Games Website and be taken to a website that we do not control. This Privacy Policy does not apply to any Personal Information (or other information) collected on a third party site. We suggest you read the privacy policy of the third party site before providing any Personal Information on such third party site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any websites or services provided by a third party.
11. Access to and Change of Personal Information. You may contact us at any time to: (a) request the removal of the Personal Information you provided to us from our databases; and (b) update your Personal Information. However, certain information associated with financial transactions related to our products and services may be retained permanently for legal, tax, and business reasons. When your Personal Information is updated or deleted, copies of such information may remain in our backups for a period of time.
12. Contacting Us. You may contact us by e-mail at contact@basicallygames.com.
BY ACCESSING OR USING THE BASICALLY GAMES WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT ACCESS OR USE THE BASICALLY GAMES WEBSITE.
TERMS AND CONDITIONS OF USE
Last Modified: July 26, 2018
Effective Date: July 26, 2018
1. Introduction. The Basically Games website located at www.basicallygames.com (together with any subdomains of basicallygames.com, this “Site” or the “Basically Games Website”) is provided by Basically Games, LLC (d/b/a Basically Games), a Virginia limited liability company (referred to in these Terms of Use as “Basically Games”, “we”, “us”, or “our”). By accessing or using this Site, you agree to be bound by the provisions of these Terms and Conditions of Use (these “Terms of Use”) and the Privacy Policy. By agreeing to these Terms of Use, Basically Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Site in accordance with these Terms of Use. If you violate any of these Terms of Use, the foregoing limited license to use this Site will automatically terminate. These Terms of Use do not apply to any products or services that Basically Games provides to you pursuant to a separate written contract. You agree to read these Terms of Use carefully.
2. Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (referred to in these Terms of Use as “you” or “your”) and Basically Games. Your use of this Site constitutes your acceptance of these Terms of Use.
3. Privacy Policy. Our Privacy Policy, located at www.basicallygames.com/legal-notices (the “Privacy Policy”), explains how we collect and use your information. You acknowledge and agree that the provisions of the Privacy Policy are made a part of these Terms of Use.
4. Modification. We may, without notice, update and make additions, deletions, or other modifications to these Terms of Use (including the Privacy Policy) from time to time. We encourage you to review these Terms of Use and the Privacy Policy each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date of such use. If you do not agree with the updated Terms of Use or Privacy Policy, you agree that you will promptly discontinue your use of this Site. Notwithstanding the foregoing, no modification by us of these Terms of Use or the Privacy Policy will apply retroactively.
5. Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control (each, a “Third Party Site”). In general, any website that has an address (or URL) not containing our domain name (basicallygames.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between Basically Games and a Third Party Site; or (b) Basically Games’s approval, sponsorship, or endorsement of (i) a Third Party Site or the organization or individual operating such Third Party Site, or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site.
6. Ownership; Use of Site. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, photos, and other media and documents (each, a “Work”, collectively “Works”), together with all Intellectual Property Rights (as defined below) therein and thereto are owned by Basically Games (or the third party owners thereof). These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print each Work that is available on this Site for your personal use, provided that you do not use any Works for public or commercial purposes. You may not use any Work in any manner that suggests an association between Basically Games and any other person, entity, or organization. You may not (a) upload or post any of the materials on this Site to any other website, or (b) publicly make available, display, distribute, or perform any of the materials on this Site, or (c) engage in hotlinking with respect to any materials on this Site. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder. As used in these Terms of Use, “Intellectual Property Rights” means all worldwide copyrights, trademark rights, patent rights, trade secret rights, moral rights, publicity rights, and all other intellectual property rights, and all rights, causes of action, or rights of enforcement relating to any intellectual property.
7. Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions (collectively, “Feedback”). You agree not to send us any information or ideas through this Site that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback in any and all media or distribution methods, and to exercise all Intellectual Property Rights in and to your Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 7 will continue to apply even if you stop using the Site and will survive the expiration, cancellation, or termination of these Terms of Use.
8. Advertising. This Site may include advertising, which may be targeted to you based on your use of this Site and other information. In exchange for us granting you permission to access and use this Site, you consent to Basically Games (and our third party providers, partners, and affiliates) placing such advertising on this Site.
9. Disclaimer of Warranties. You expressly understand and agree as follows:
9.1. This Site and all content and information available on or through this Site (including all Works) are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.
9.2. we expressly disclaim all warranties, express or implied, relating to THE BASICALLY GAMES WEBSITE and all content and information available on OR THROUGH THE BASICALLY GAMES WEBSITE (including all Works) to the fullest extent permissible under applicable law, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
9.3. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. We make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.
10. Limitation of Liability.
10.1. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER BASICALLY GAMES Nor any of its officers, DIRECTORS, SHAREHOLDERS, ATTORNEYS, employees, consultants, contractors, agents, or affiliates (collectively, “BASICALLY GAMES parties”) WILL be liable to you for any injury, loss, or damage of any kind whatsoever relating to your access or use of THIS SITE. The foregoing exclusion applies without limitation to all liability for lost profits and any special, incidental, indirect, consequential, punitive or reliance damages, regardless of whether such liability is based on breach of contract, tort, negligence, strict liability, breach of warranties, failure of essential purpose or otherwise and even if THE BASICALLY GAMES PARTIES wERE advised of the possibility of such damages.
10.2. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.
10.3. If you do not agree with these Terms of Use or if you seek to assert any claim against any Basically Games Parties arising out of, or relating to, these Terms of Use, or your access or use of this Site, any Work, or any other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.
11. Indemnification; Breach. You agree to indemnify, defend, and hold harmless the Basically Games Parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this Site (including any Works), your violation of these Terms of Use, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Basically Games reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Basically Games in asserting any available defenses. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by Basically Games in connection with any litigation relating to such breach.
12. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of this Site by Children are prohibited by these Terms of Use. This Site is not designed for or marketed to Children, and Basically Games does not knowingly collect Personal Information (as defined in the Privacy Policy) from Children through this Site. By using this Site and/or submitting any information to Basically Games through this Site, you promise that you are at least thirteen (13) years old.
13. Termination. We may, at any time, terminate your right and license to use this Site. Your right to use this Site (including all Works) will terminate immediately and automatically if you breach any of these Terms of Use. Any termination, cancellation, or expiration of these Terms of Use or of your rights or licenses hereunder notwithstanding, provisions which are by their terms intended to survive and continue will so survive and continue, including without limitation Sections 5, 6, 7, 9, 10, 11, and 14.
14. General Provisions.
14.1. Reservation of Rights. We reserve all rights relating to this Site and the content and information available on or through this Site (including all Works) not expressly granted to you by these Terms of Use.
14.2. Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.
14.3. Non-Waiver. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of Basically Games.
14.4. Governing Law and Venue. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Use and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Use. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use, your use of this Site, or any Work or other content and information on this Site. We retain all rights at law and in equity to enforce the provisions of these Terms of Use in accordance with applicable laws.
14.5. No Assignment. These Terms of Use are personal to you. Neither these Terms of Use nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.
15. Contacting Us. You may contact us by e-mail at contact@basicallygames.com.