Terms & conditions
Your privacy is important
- At GameShadow we have a simple policy on Privacy: GameShadow is a community where gamers of all stripes congregate, chat and have fun. We’d like everyone to be grown-up and we prefer not to define what we mean by grown-up. We reckon you know what we mean.
- We do require you to setup an account with a password. Please make sure you choose a password that is not easy for someone else to guess, such as birthday, national identification number and phone number.
- A working email address is required during signup. But we will not pass your email address on to anyone else.
- Your activity in the social network will be visible to your friends and other inside and outside the network. You can set your profile setting on your ‘edit profile’ page to manage this and only make your display name visible to others. You can limit how much is visible to people who are not your friends or not registered on GameShadow.
- We reserve the right to sell or license non-personalised data for commercial use, however we will never sell personal data that can be traced back to a specific user. We may, for example, license the most popular downloads for commercial use or any other user generated content. However this would not compromise any personal information.
It is your responsibility to read these Terms and Condition before using the GameShadow website ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions.
Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.
The Website is operated by GameShadow Limited, whose registered address is The Granary, Over Norton Park, Over Norton, Oxfordshire, OX7 5PX, United Kingdom, company number 05502662. When we refer to GameShadow, us, our or we, we mean GameShadow Limited.
The content and service provided on the Website including graphics, code, text products, software, downloads and design is owned or licensed by GameShadow. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors. You agree that all downloads and other materials, ("Materials") are or may be protected by international intellectual property law.
Use of the Website
You are granted a limited, personal, non-exclusive, revocable, licence to use the Website and to:
- Use the services and functionality contained in the GameShadow Community ("Community").
- Use the GameShadow software to patch games and to view trailers, demos and other materials.
- You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorised use of the Materials.
No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way.
Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of GameShadow or in the case of material licensed to GameShadow the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in the Materials, the GameShadow Community (including the Software) or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of the service is for your own personal use and must not be used for any commercial purpose. GameShadow has created an open community where thousands of gamers communicate their thoughts and ideas about games, gaming or anything else. You may not use the GameShadow service for any illegal, unauthorized or defamatory purpose or to publicise any vulgar, obscene or libellous purpose. Nor can it be used in any way that constitutes incitement to religious or racial hatred or by any persons involved in terrorism. All users agree to comply with all local rules and laws relating to acceptable online conduct.
We may remove any materials that we determine inappropriate or ban any user who posts such materials at our sole discretion.
Communication are not moderated and GameShadow cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to notify GameShadow of any such conduct which comes to your notice. You agree that GameShadow including any appointed personnel may at any time without notice:
- move or suspend the Website in whole or in part; and
- disclose any material or content contained on the Website if it considers it necessary to enforce these Terms and Conditions.
We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.
You agree to indemnify, defend and hold harmless GameShadow (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, the Materials, the Services and any other materials contained on the Website.
Your right to use the Website will be suspended or terminated immediately without notice by GameShadow if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that GameShadow shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. GameShadow is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. GameShadow reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.
These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and assignees of GameShadow.
Use of Your Personal Data
Third Party Content and Information
The Website contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Website. You should be aware that content on the Website might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the Website or in the documents and policies of third parties. GameShadow makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing.
In addition, third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that GameShadow will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.
The Policy explains how GameShadow collects and uses information. We hope that our candour will remove any concerns you may have and will make visiting GameShadow a rewarding experience.
Although we endeavour to keep you up-to-date on all changes made to the website, this Policy may be amended from time to time without notice to you. It is your responsibility to read the Policy carefully and review any changes that may have been made.
What information does GameShadow collect and how does GameShadow use this information?
In order to join the GameShadow Community will need to create a profile and you need to register to use the software. When registering or creating the profile you will be asked to provide an email address and create a username and password to the personal details. If you choose to purchase music or other goods or service by clicking on a third party link (i.e. Amazon) provided on the website, we will not collect any personal information related to the transaction (i.e. credit card number, address, etc.). The only information that we will collect with respect to such third party links is (a) the number of generic GameShadow users who utilised such links and (b) the number of purchases made by these generic users.
Your Game Data
From the moment you install our software we will begin to create and maintain the details of the games you own and trailers or demos you view. This is accomplished by monitoring your activity on the website and in the software (i.e. which games you own, which demos and trailers you view). In the future we may also monitor any reviews or feedback you give to features and reviews written by others.
GameShadow does not process any personally identifiable information related to your games and/or profile in any manner other than as described in the previous paragraph. We do not, for example, provide third parties with your name, location (if we know it), or a list of the games you own. However this data may be viewed by all other users of GameShadow (who may include other organisations or representatives of other organisations who have registered GameShadow users) and that they may easily associate this information with your GameShadow username. Please see the Statistical Information section below to learn more on this subject and to learn how we log and use information related to your record collection and/or profile in the aggregate.
We keep track of the domains from which people visit GameShadow, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us.
We collect data regarding the anonymous users of GameShadow, including: a. The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP).? b. The referring URL, if any.? c. The browser software identification (i.e. the brand and version of your browser software).
As discussed above, we log (but do not use) personally identifiable information with respect to the games you own and the game related activities you make on the site (such as downloading demos, patches, trailers etc). For example, we know the games you have loaded on your PC, which games you have added to your ‘most wanted’ list, and the demos trailers etc you have viewed. We do not use this information in any manner in conjunction with your personal information (i.e. although we here at GameShadow can connect your username to your email address, we don't use a personally identifiable activity log in any manner whatsoever and no third parties are given access to it). Please note, however, that this information may be viewed by all other users (who may include other organisations or representatives of other organisations who have registered as GameShadow users) in conjunction with your GameShadow username. Thus, with respect to other users, we don't view this information as personally identifiable because of the veil of anonymity afforded by your username. If you take any action which destroys the anonymity of your username, we cannot be held responsible for the fact that others may as a result be able to personally identify you with your username (and therefore with your games information and GameShadow profile). If you realise that you have taken action which has destroyed or may destroy the anonymity of your username, please notify us and we will issue you either a new username and/or password.
Please note that we do log and use statistical information in the aggregate. For example, we know the number of users who own a game or view a particular trailer. From this information we are able to compile statistics in the form of percentages of all users (i.e. 29% of our users own game XYZ). We can of course compare the ownership of one game to those of another. We are also able to perform more sophisticated statistical operations based on the information collected. For example, we can know the raw number (and associated percentages) of users who own one particular game that also own another game in the same or another genre. From this information we are able to determine which games are "related" in terms of overall ownership and we can see which genres of games or family of products tend to be related. As a service, we may supply certain aggregate statistical information to game developers and publishers in order to help them understand the likes and dislikes of the game owners.
Data Feeds/Messaging/Scrawler/Nudges and Communications With Other Users
We currently offer functionality that enables community members to communicate with each other and automatically see details on their Friends, Groups and Games. In the future we may offer other interactive features such as instant messaging and chat. Please note that all personal information you display, communicate using such functionality and the automatic ‘What you have been doing’ feed becomes public information and we are not responsible for any information you choose to make public or is automatically generated by your activities. Whilst we do not currently monitor this we may in the future monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other GameShadow user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of GameShadow, you do so at your own risk. GameShadow cannot be held responsible for any consequences which flow from your decision to communicate or interact with other GameShadow users in places or under circumstances which we do not control. We advise you to use extreme caution whenever you socialise or interact with people whom you have met via the internet.
In order to ensure that GameShadow is functioning at its best, from time to time we may ask you to upgrade to a newer version of our software. In addition, we may find it necessary to send you automatic fixes or support files. If we make a modification that materially affects your privacy, we will endeavour to notify you of such modification and we will update the Policy accordingly.
We may display links to third party sites, however we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their privacy policies to find out how they are treating your personal information.
GameShadow complies with the Data Protection Act 1998, including all UK amending legislation and EU directives. Pursuant to the Act, you have the right to be informed of and to have access to all of the personally identifiable information we hold about you.
If you choose to download the GameShadow software, it will monitor all the games you have installed on your computer (even if you are not online). This information will then be integrated into your GameShadow Community profile. (Downloader IP action here) The GameShadow software cannot and will not collect and transfer any other information from your computer other than as described in the EULA. For the avoidance of doubt, however, please be advised that GameShadow cannot be held liable for any damage which may occur to your computer as a result of downloading the GameShadow software, nor shall it be liable for any invasion of privacy related to the same.
GameShadow endeavours to protect the security of your information as much as we endeavour to protect our own information and network. We employ firewalls and store all of our files and information on secure terminals. In addition, all user passwords are protected by encryption technology.
GameShadow Policy for Young People
We realise and understand that many young people love computer games and will therefore visit GameShadow, however we encourage all persons under 16 to consult with their parents before submitting any information to the GameShadow Community website and indeed any other website. However the GameShadow Software does require a separate registration in order to use the enhanced features such as receiving newsletters, customizing your profile and remote downloading. Having said this, we believe that ultimately it is the responsibility of parents to supervise children when online and we therefore recommend that parental control tools be put in place.
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are forced to disclose personally identifiable information by law (i.e. by court order), we will make such a disclosure without being in violation of this Policy.
If GameShadow is acquired by another company or sells a portion of its assets to another company, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, GameShadow will endeavour to notify all users of such changes.
By disclosing any information to GameShadow through the website you consent to the collection, storage and use of such information by GameShadow as set out in this Policy and the Terms and Conditions. If GameShadow makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the website.