Legal

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TERMS OF SERVICE

Last modified on September 1, 2024

Important: Please read these Terms of Use carefully before continuing to use our products.

Section 21 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.

Please read it carefully.

This Terms of Use (the "Agreement") applies to the products and services provided by GhostJam Games LLC ("GhostJam", "GhostJam Games," "we," or "us."), including:

  • GhostJam Games' video game software products; and
  • The GhostJam Games website located at ghostjam.com.

Sony Platform Users: Even though you may have purchased or licensed the Service through Sony Interactive Entertainment LLC or any of its current or former affiliates, including parents and subsidiaries, and any predecessor or successor entity to any of the foregoing (any of these, an “SIE Group Company”), no SIE Group Company is a party to this Agreement and no SIE Group Company has any obligations to you in connection with the Service.

Sony Interactive Entertainment America - Special Notice: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

1. Acceptance of Terms

By continuing to use the Service, you agree as follows:

  • 1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  • 1.2. You will use the Service in accordance with apmicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by GhostJam Games from time to time; and
  • 1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

2. GhostJam Games' License to You

GhostJam Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

3. Messages from GhostJam Games

You understand that you may receive business-related communications from GhostJam Games through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not "unsolicited commercial email advertisements" and you agree to receive them.

Marketing-related email messages will be accompanied by instructions for opting out.

4. Third-Party Platforms

Even though you may have purchased or licensed the Service through a third-party platform (each, a "Third-Party Platform"), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.

5. Your License to GhostJam Games; Your Conduct

  • 5.1. Your Content. Any communications or material of any kind that you email, post, upload, or otherwise transmit to GhostJam Games or the public on or using the Service, including photographs, chats, emails, comments, voice recordings, data, questions, feedback, suggestions, or other user-generated content are known as your "Content." GhostJam Games does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, (ii) give GhostJam Games permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world, including the right to incorporate any suggestions or feedback into the Service as new or updated features, without limitation, and (iii) give any Service users permission to use, re-use, share, distribute, and otherwise make use of your Content in any way that Service functionality allows.

  • 5.2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
    • is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
    • is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
    • constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
    • is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
    • encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
    • restricts, inhibits, or discourages any other user from using the Service;
    • hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
    • violates any local, state, federal or international laws or gives rise to civil liability;
    • violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
    • imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
    • is a "chain letter," or constitutes "junk mail";
    • specifies or claims that that you are affiliated with GhostJam Games when you are not, including without limitation an "Administrator," "Moderator," "Game Master," or any other employee or agent of GhostJam Games;
    • requests login information from other users;
    • "spoofs" (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
    • uses or possesses programs to "crack" the Service or other Internet security tools;
    • contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
    • is anything else that GhostJam Games, in its sole determination, deems offensive or harmful to the Service or to GhostJam Games' integrity or business.
  • 5.3. Community Spaces. GhostJam Games may operate certain community spaces off of the Service, including through services like Discord. You agree that by participating in such community spaces, you will abide by the terms of this Agreement (including the Conduct Policy) and any agreements related to the community space (such as the Discord Terms of Use). You also acknowledge and agree that GhostJam Games reserves the right to remove you from any such community spaces, whether through banning your account or through other means. You agree that you may be exposed to content from other users on these community spaces which may be objectionable or otherwise against our Conduct Policy, and that GhostJam Games is not liable for any such content. You may use the third-party service’s reporting features or contact GhostJam Games if you encounter any other user who is in violation of this Agreement or the third-party service’s rules and agreements.
6. Virtual Items

Virtual goods, downloadable content, and virtual "tokens" or currency (collectively, "Virtual Items") may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to GhostJam Games to purchase at the prices and on the terms set forth on the Service.

You agree that you have no right or title in or to any Virtual Items. GhostJam Games does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Service. You may not sell Virtual Items for "real" money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.

Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.

7. Support Services

GhostJam Games may, in its sole discretion, provide you with customer and technical support services related to the Service ("Support Services"). GhostJam Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of GhostJam Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and GhostJam Games will be and remain the sole property of GhostJam Games and will be subject to the terms and conditions of this Agreement.

GhostJam Games customer support may be reached by contacting us at [email protected]. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service.You agree that you will look solely to GhostJam Games in connection with Support Services.

8. Modification, Termination, and Monitoring of the Service

GhostJam Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that GhostJam Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

GhostJam Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.

GhostJam Games may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which GhostJam Games or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will GhostJam Games or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by GhostJam Games or its affiliates or agents.

9. Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and GhostJam Games or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.

GhostJam Games and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.

10. Hyperlinks

The Service may contain links to other sites and software applications, including through display advertisements (the "Linked Services"). GhostJam Games does not control the Linked Services, and GhostJam Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that GhostJam Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and GhostJam Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold GhostJam Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

11. Trademarks and Copyrights

The Service is owned by GhostJam Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to GhostJam Games. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of GhostJam Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, GhostJam Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

12. Copyright Complaints

If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
  • Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent may be reached at the following physical or email address:

Copyright Agent
GhostJam Games LLC
212 N. 2nd St, STE 100
Richmond, KY 40475
Or by email at: [email protected]

Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their ability to access and use the Service terminated.

13. Disclaimer of Warranties

Your use of the Service is entirely at your own risk.

The Service is provided by GhostJam Games on an as-is basis. GhostJam Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

GhostJam Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.

No advice or information, whether oral or written, obtained by you from GhostJam Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

To the maximum extent permitted by applicable law, neither any of the Third-Party Platforms or, if any part of the Service uses the Unreal Engine, Epic Games, Inc. (“Epic”), is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms or Epic make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.


Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Sony Platform Users: Additionally, to the maximum extent permitted by applicable law, no SIE Group Company is a party to this Agreement. None of the SIE Group Company entities make, have made, and do not make any warranties, or assume any warranty obligation or other obligations whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.

14. Limitation of Liability

You expressly understand and agree that neither GhostJam Games nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if GhostJam Games or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third- Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against GhostJam Games, as described in Sections 20 and 21 below.


Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of GhostJam Games and its affiliates will be limited to the fullest extent permitted by law.

Sony Platform Users: Neither GhostJam Games nor any SIE Group Company have any liability with respect to the content of the Service or any part thereof, including errors or omissions contained in the Service, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.

You hereby expressly and irrevocably waive, and agree never to assert against any SIE Group Company any claims you may have under any theory of law or equity anywhere in the world in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement (all of which are material terms of this Agreement) and may be brought only against GhostJam Games. Any dispute will be subject to our Terms of Use, including limitations on damages, resolution of disputes, and application of the laws of the United States, and the State of California.

15. Indemnification

You agree to indemnify and hold GhostJam Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys' fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person's rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will GhostJam Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

16. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://ghostjam.com/legal. You agree that your use of the Service is subject to the Privacy Policy.

17. Disclosures Required by Law

GhostJam Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. GhostJam Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing GhostJam Games to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you waive all rights and agree to hold GhostJam Games harmless from any claims resulting from any action taken by GhostJam Games during or as a result of its investigations or from any actions taken as a consequence of investigations by either GhostJam Games or law enforcement authorities.

18. Legal Compliance

By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Third-Party Beneficiary

You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.

20. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with GhostJam Games, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Kentucky. This is the case regardless of whether you reside or transact business with GhostJam Games, or any of its affiliates or agents, in the State of Kentucky or elsewhere. Unless a dispute would be governed by the terms of Section 21 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Richmond, Kentucky, USA.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with GhostJam Games by sending a message via email to [email protected]. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission's Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

21. Binding Arbitration

Any dispute or claim relating in any way to your use of the Service (each, a "Claim") will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.

YOU AND GHOSTJAM GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.

Arbitration is a process with no judge or jury - an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.

To start an arbitration, you must send an email to [email protected] describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Richmond, Kentucky, USA, unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and GhostJam Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given (including any attorneys' fees and costs awarded), and the arbitrator's findings and conclusions on which the arbitrator's decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GHOSTJAM GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You and GhostJam Games agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.


22. Miscellaneous Terms
  • 22.1. Agreement Revisions. This Agreement may only be revised in writing by GhostJam Games, or by GhostJam Games' publication of a new version on the Service.
  • 22.2. Force Majeure. GhostJam Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of GhostJam Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GhostJam Games' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
  • 22.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GhostJam Games as a result of this Agreement or your use of the Service.
  • 22.4. Assignment. GhostJam Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without GhostJam Games' prior written consent, and any unauthorized assignment by you will be null and void.
  • 22.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
  • 22.6. Attorneys' Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
  • 22.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  • 22.8. Equitable Remedies. You hereby agree that GhostJam Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
  • 22.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and GhostJam Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and GhostJam Games with respect to the Service.

PRIVACY POLICY

Last modified on September 20, 2024

1. What's in this Privacy Policy?

In this Privacy Policy, you'll find:

  • What information we collect about you
  • How we might use that information
  • What information we might share with others
  • Your rights and choices about that information
2. What does this Privacy Policy cover?

We are GhostJam Games LLC. In this document, we will refer to ourselves as "GhostJam Games,", "GhostJam", "we," or "us." We will refer to you and any other users as "you."

In this Privacy Policy, we will cover the products and services that we offer to you. These include:

  • GhostJam Games' video game software products;
  • The GhostJam Games website located at ghostjam.com.

Together, we'll refer to these as the "Service."

By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and GhostJam Games.

3. What types of personal data do we collect?

Below you'll find details about the types of personal data we collect from you and how we use it. We call this "processing" your data.

User-Provided Information. We collect certain personal data when you provide it to us, such as:

  • Contact Information. When you contact us to sign up for our mailing list, for technical support and customer support purposes, or for any other reason, you provide us with personal details such as your email address and username.
  • Technical Information. The Service may collect your IP address and browser details in order to to analyze user activity and improve and operate the Service, and for error correction and crash reporting purposes.
  • Posts. If you use any public communications functionality on the Service, like chat, messaging, forums, and other posting methods, we may collect any personal data provided in those communications in order to operate this Service functionality.

Automatically Collected Information. We automatically collect certain personal data when you use the Service. This includes analytics data, such as insights about your interactions with the Service, your IP address, gameplay data, and user activity on the Service in order to analyze our users' activity and improve the Service, and for error correction and crash reporting purposes.

4. Use of Collected Information

We utilize the information we collect for different purposes, including:

  • Offering and Enhancement of the Service: In order to offer, sustain, and refine the Service, and to tailor user experiences.
  • Customer Service: To address any user queries, send service-related notifications, and deliver customer and technical assistance.
  • Outreach and Marketing: For the purposes of marketing, promotional materials, and sending you updates about the Service.
  • Contests and Sweepstakes: For the purposes of operating contests and sweepstakes through the Service, whether run by GhostJam or a third-party sponsor, administrator, or service provider.
  • Updates and Fixes: To review user interactions, usage of the Service, and any crashes, errors, or other issues with the Service, in order to refine and correct the Service's features and functionality.
  • DNS and website caching: To operate Service website functionality.
  • Legal Requirements: To abide by any legal requirements, uphold our Terms of Use, and to safeguard against deceptive activities.
  • Public Communications: To operate any Service-related public communications channels and functionality.
  • Anonymized Information: In addition to the purposes stated in this Privacy Policy, we may use certain information collected from you in an anonymized form for the purpose of improving the Service, developing new features, conducting data analysis, and enhancing overall user experience. This anonymized information will not personally identify you or any other individual.
5. Sharing of Information

In order to operate the Service, we need to share certain personal data we collect from you with third parties, including:

  • Other Service Users: Other users of the Service may see certain personal data, such as your public username and posts/messages, on the Service's public posting capabilities.
  • Service Providers: We might share certain personal data with third-party entities that assist in the operation and enhancement of the Service. This encompasses storage solutions, website DNS and hosting services, data analysis entities, error and crash reporting services, and other service providers.
  • Legal Reasons: We may need to share certain personal data if required by the law, judicial orders, or in response to legal requests.
  • Protection & Security: If we decide that sharing of certain personal data is vital for the safety, rights, or assets of our users, the public, or our business, we may need to disclose that personal data to third parties.
  • Corporate Changes: Should our entity undergo a merger, acquisition, or asset transaction, your personal details might be part of the transferred assets.
6. Lawful Bases for Processing Personal Data

In accordance with the General Data Protection Regulation (GDPR) and other applicable privacy laws, we process personal data based on the following lawful grounds:

  • Consent: For personal data collected when you sign up to receiving marketing communications from us, we rely on your explicit consent. You have the right to withdraw your consent at any time (see "How to Contact Us" below or you can opt out of any email communications by clicking the unsubscribe link in each marketing-related email).
  • Contractual Obligations: We process specific sets of your data to fulfill our contractual obligations to you. This encompasses actions like account creation, Service operations and delivery, fulfilling purchases, and ensuring you can interact with other users when using that functionality.
  • Legitimate Interests: For certain data processing activities, we rely on our legitimate business interests. This includes activities like Service improvement and ensuring a safe user environment.
  • Legal Compliance: There are instances where we're legally mandated to process your data. This could be due to regulatory requirements, legal requests, or for the prevention of fraud and illegal activities.
7. How long do we keep your personal data?

We only keep your personal data as long as it's required to provide you with the Service. Sometimes a longer period might be required by law.

After that, we will delete your personal data within a reasonable time.

Please note that we may retain some data, if necessary to:

  • resolve disputes,
  • enforce our user agreements,
  • follow any technical and legal requirements related to the Service.
8. Cookies

A cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer's hard drive. Cookies are not spyware or adware and can't deliver viruses or run programs on your computer. Other similar methods include tracking pixels and web beacons.

For more information about our use of Cookies on our website, please view our Cookie Policy here.

9. Children's privacy rights

We don't knowingly collect any personal data from children under the age of 13. We also don't knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.

We may also limit our personal data processing for EU users between 13 and 16.

We take children's privacy seriously and encourages parents to play an active role in their children's online experience. If you have any concerns about your child's personal data, please contact us at [email protected].

10. Transfers of your personal data

Our headquarters is in the United States.

No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States. This processing will be under the privacy policies of third parties that we share personal data with.

The laws of the United States governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.

If you would like more information, please contact us (see "How to contact us" below).

11. How do we protect personal data?

We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.

For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.

We use other security measures, as well, including firewalls, an intrusion prevention system, regular backups, and role-based access controls.

We also have procedures in place to deal with any suspected data security breach. We'll notify you and any applicable regulator of a suspected data security breach when legally required.

12. Resolving Disputes

We hope that we can resolve any questions or concerns you raise about our use of your personal data.

Please contact us at [email protected] to let us know if you have questions or concerns. We will do our best to resolve the issue.

For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.

13. How will we notify you of changes?

We post at the top of this page the date this Privacy Policy was last updated.

We may make further updates from time to time. If we have your email address on file, we will inform you via email. Otherwise, we will post a message on the Service about the change.

14. How to contact us

Please contact us if you have any questions about this Privacy Policy or your personal data.

You can do so using the following contact info:

15. Your Rights

Depending on where you live, you may be subject to certain laws related to our use of your personal data.

However, no matter where you live, you have the right to request that we delete your personal data. To exercise this right, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data. exercise this right, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

EU Residents:

We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.

Your rights as an EU resident:

Under the GDPR, EU residents have several important rights:

  • By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.
  • If we are processing your personal data for reasons of consent or to fulfill a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
  • If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
  • You have the right to ask us to stop using your information.
  • Finally, in some circumstances, you can ask us not to reach decisions affecting you using automated processing or profiling.

If you would like to exercise any of those rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of that data.

Also, in some cases where the law requires it, we may not be able to help with the above requests.

UK Residents:

We are regulated under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, which apply in the United Kingdom. We are responsible as a controller of personal data for UK GDPR purposes.

Your rights as a UK resident:

Under the UK GDPR, UK residents have several important rights:

  • By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.
  • If we are processing your personal data for reasons of consent or to fulfill a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
  • If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
  • You have the right to ask us to stop using your information.
  • You have the right to object to certain types of processing, such as direct marketing.
  • You have the right to ask us to restrict processing of your personal data in certain circumstances.
  • Finally, in some circumstances, you can ask us not to make decisions affecting you using solely automated processing or profiling.

If you would like to exercise any of those rights, please email us at [email protected]. We may ask for additional information to verify that you're the owner of that data.

Please note that in some cases, where the law requires it, we may not be able to comply with the above requests. We will inform you of the reasons if this is the case.

For more information on your rights under the UK GDPR, you can visit the Information Commissioner's Office (ICO) website at www.ico.org.uk.

California Residents:

We are regulated under the California Consumer Privacy Act (CCPA), which applies to California residents.

Under the CCPA, California residents have several important rights:

Right to Know: You can ask us what personal data we hold about you and request a copy. This includes:

  • The type and specific pieces of personal data we have collected
  • The types of sources we collect the data from
  • The purpose for collecting your personal data
  • The third parties we share that data with

Right to Delete: You can request that we erase your personal data. There are some exceptions to this right, if we:

  • Need to complete the transaction for which the personal data was collected or if there is an ongoing business relationship or contract with you
  • Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
  • Need to identify and repair errors affecting Service functionality
  • Exercise free speech or ensure another consumer can exercise (or another lawful right)
  • Need to comply with the California Electronic Communications Privacy Act
  • Engage in research in the public interest
  • Enable solely internal uses that are in line with your expectations for using your personal data
  • Need to comply with a legal obligation
  • Otherwise use your personal data internally, in a way that's compatible with the reason we collected it in the first place

Sale of your personal data: We don't sell any of your personal data for any purposes.

Other Rights: California residents also have the right to request information about our disclosure of personal data to third parties for direct marketing purposes during the calendar year before your request. This request is free and may be made only once a year.

We also won't discriminate against you for exercising any of the rights listed above.

If you would like to exercise any of those rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of that data.

Virginia Residents:

We are regulated under the Virginia Consumer Data Protection Act (VCDPA), which applies to residents of the State of Virginia.

Under the VCDPA, Virginia residents have several important rights:

  • The right to access their personal data that we have collected or processed.
  • The right to request that we delete their personal data.
  • The right to correct inaccurate personal data.
  • The right to opt-out of processing of personal data for targeted advertising, sale of personal data, and profiling.

Sale of your personal data: We do not sell personal data as the VCDPA defines the term "sale."

Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Colorado Residents:

We are regulated under the Colorado Privacy Act (CPA), which applies to residents of the State of Colorado.

Under the CPA, Colorado residents have several important rights:

  • The right to access their personal data that we have collected or processed.
  • The right to request a copy of their personal data that we have collected or processed.
  • The right to request that we delete their personal data.
  • The right to correct inaccurate personal data.
  • The right to opt-out of processing of personal data for targeted advertising, sale of personal data, and profiling.

Sale of your personal data: We do not sell personal data as the CPA defines a "sale".

Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Connecticut Residents:

We are regulated under the Connecticut Data Privacy Act (CTDPA), which applies to residents of the State of Connecticut.

Under the CTDPA, Connecticut residents have several important rights:

  • The right to access their personal data that we have collected or processed.
  • The right to request a copy of their personal data that we have collected or processed.
  • The right to request that we delete their personal data.
  • The right to correct inaccurate personal data.

Right to Opt Out: The CTDPA allows Connecticut residents to "opt out" of the processing of personal data for targeted advertising, the sale of personal data and profiling. If you are under the age of 16, you have the right to "opt in" to the processing of personal data for targeted advertising, the sale of personal data and profiling.

Other Rights: We do not process personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Utah Residents:

We are regulated under the Utah Consumer Privacy Act (UCPA), which applies to residents of the State of Utah.

Under the UCPA, Utah residents have several important rights:

  • The right to confirm our processing of their personal data, and access their personal data that we have collected or processed.
  • The right to request a copy of their personal data that we have collected or processed.
  • The right to request that we delete their personal data.
  • The right to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data.

Sale of your personal data: We do not sell personal data as the UCPA defines the term "sale."

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Texas Residents:

We are regulated under the Texas Data Privacy and Security Act (TDPSA), which applies to residents of the State of Texas.

Under the TDPSA, Texas residents have several important rights:

  • The right to confirm whether we are processing their personal data and access their personal data.
  • The right to correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing.
  • The right to request that we delete their personal data.
  • The right to obtain a copy of their personal data in a portable and readily usable format that allows the consumer to transmit the data to another controller without hindrance.
  • The right to opt out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

Sale of your personal data: We do not sell personal data as the TDPSA defines the term "sale."

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Oregon Residents:

We are regulated under the Oregon Consumer Privacy Act (OCPA), which applies to residents of the State of Oregon.

Under the OCPA, Oregon residents have several important rights:

  • The right to confirm whether we are processing their personal data and access their personal data.
  • The right to request that we correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing.
  • The right to request that we delete their personal data.
  • The right to obtain a copy of their personal data in a portable and readily usable format that allows the consumer to transmit the data to another controller without hindrance.
  • The right to opt out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

Sale of your personal data: We do not sell personal data as the OCPA defines the term "sale."

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Canadian Residents:

For Canadian residents, we are committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA's ten fair information principles include accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access, and challenging compliance.

Under PIPEDA, you have certain rights regarding your personal information. These rights include:

  • Right to Access: You have the right to access the personal information we hold about you and request a copy of that information.
  • Right to Rectification: If you believe that any of the personal information we hold about you is inaccurate or incomplete, you have the right to request that we correct or update it.
  • Right to Withdraw Consent: If you have previously provided your consent for the collection, use, or disclosure of your personal information, you have the right to withdraw that consent at any time. Please note that withdrawing your consent may affect our ability to provide certain services to you.
  • Right to Object: You have the right to object to the collection, use, or disclosure of your personal information for certain purposes, such as direct marketing.
  • Right to Erasure: In certain circumstances, you have the right to request the deletion or removal of your personal information from our records.
  • Right to Data Portability: You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format, and to transmit that information to another organization.

To exercise any of these rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of the data.

Please note that there may be limitations on these rights as set out in PIPEDA or other applicable laws.

Brazilian Residents:

We are regulated under the Lei Geral de Proteção de Dados ("LGPD"), which applies to Brazilian residents.

Under the LGPD, Brazilian residents have several important rights:

  • Know when we use your personal data;
  • Access your personal data, correct any errors, or delete your personal data;
  • Anonymize, block, or delete data that we don't need or are not processing in compliance with the LGPD;
  • Request we transfer your data to another provider;
  • Be informed about who we share your data with;
  • Be informed about your ability to deny consent and any consequences;
  • To revoke your consent.

These rights apply to any personal data collected or processed in Brazil, as well as any personal data processed for the purpose of providing goods or services in Brazil.

If you would like to exercise any of those rights, please email us at [email protected]. We may ask for additional info to verify that you're the owner of that data.