MPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS BELOW IN SECTION 14.

‍These Terms of Use (the “Terms”) are a legal agreement between you and Particle Media, Inc., a Delaware corporation, its subsidiaries, and affiliated companies (collectively, “BricksBall,” “we,” “us,” and “our”). These Terms apply to your use of the BricksBall services through the BricksBall website, mobile application, and related products and services (the “Services”). All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. By using BricksBall’s services, or by registering an account, you agree to these Terms.

Our Privacy Policy explains how we collect and use your information while our Community Standards, Publisher Content Policy, Creator Content Policy outlines your responsibilities when using our Services. By accessing or using our Services, you’re agreeing to be bound by these Terms and our Community Policy. If you do not agree to our Community Policy or these Terms, then you have no right to access or use the Services. For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy.

Depending on how you use the Services, other terms might also apply to you if you use specific services, such as the Ad Platform Terms of Service, Advertising Policy, Publisher Platform Terms of Service, Creator Program Terms of Service, Creator Content Requirements, Creator Monetization Policy or Monetization Terms. Additional terms may also apply for promotions, sweepstakes, contests, giveaways, or similar programs. If these Terms are inconsistent with any such policies or additional terms, the terms of the applicable policy or the additional terms shall apply. The dispute resolution provisions in Section 14 below shall apply to any dispute arising under these Terms or any applicable additional terms, even if there is a conflict between these Terms and the applicable additional terms.

We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you or as required by applicable law, and except as provided in the Mandatory Arbitration and Class Action Waiver section (Section 14) of these Terms, which may only be changed as stated in that section. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

Eligibility
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these Terms.

If you are in the U.S. and under 13, you may not use our Services under any circumstances or for any reason. Our Services are not targeted at anyone who is under 13 years of age. If you know of anyone under the age of 13 using our Services, you may report their use to bricsxball@gmail.com.

If BricksBall has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services absent the express, written consent of BricksBall.

Account Registration and Use

1. Account Registration and Confidentiality.

You may be required to create an account to use the Services. If so, during the registration process, you must select a username and password and provide us with additional information, such as your email and physical address. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you.

You may choose to access our Services through a third-party, such as Facebook or Google, and if you do this, you give us permission to access and use certain information from that third-party account. By using our Services, you are permitting us to collect, store, keep, and use any of the information you permitted the third-party to provide to us. You can control the amount of information accessible to BricksBall by adjusting your privacy settings within your third-party account. We will use this data in accordance with our Privacy Policy. BricksBall has no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

2. Unauthorized Account Use.

You are responsible for notifying us at bricsxball@gmail.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. BricksBall will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by BricksBall or a third party due to someone else using your account.

Our Proprietary Rights
For purposes of these Terms, the term “Content” includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms, “Content” also includes all User Content (as defined below).

The Services and all Content within our Services which are provided by BricksBall, our partners, or our users are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services or in any Content accessed through the Services (“Protected Content”). The trademarks, logos, trade names, trade dress, and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Services are Trademarks of BricksBall and its third-party partners. Nothing contained on the Services shall be construed as granting by implication or otherwise, any license or right to use any Protected Content or Trademarks displayed on the Services without the written permission of BricksBall or such third party that may own the Protected Content or Trademarks. Any unauthorized commercial use of the Content or Trademarks will violate the intellectual property rights of BricksBall and/or third parties associated with BricksBall and will be subject to BricksBall’s and/or those third party’s full legal rights and remedies.

You agree to comply with all reasonable written requests made by BricksBall or its suppliers and licensors to protect their and others’ contractual, statutory, and common law rights in the Services and Content. You agree to notify BricksBall immediately upon becoming aware of any claim that the Services or Content infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations, in each case relating to the Services shall, as between you and BricksBall, at all times be and remain the sole and exclusive property of BricksBall.

User Content

1. User Content.

All Content added, created, uploaded, submitted, distributed, or posted (“Posted”) to the Services by users (collectively “User Content”) is the responsibility solely of the person who originated such User Content. For clarity, subject to the license you provide to BricksBall as set forth below, you retain your rights to any User Content you Post on or through the Services. These Terms do not grant you any right, title, or interest in BricksBall’s Content, our Services, or other users’ Content on the Services.

2. Our License to Your User Content

When you Post User Content on or through the Services, you grant BricksBall a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or developed in the future. To the extent any User Content you submit includes biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.

With respect to your User Content, you are agreeing to appoint BricksBall as your irrevocable attorney-in-fact, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that BricksBall can own and protect the rights in any work created from your User Content.

3. User Content Representations.

You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that BricksBall does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless BricksBall for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

4. User Content Review.

You acknowledge and agree that BricksBall and its designees may or may not, at BricksBall’s discretion, pre-screen User Content before its appearance on the Services, but that BricksBall has no obligation to do so. You further acknowledge and agree that BricksBall reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content. Without limiting the foregoing, BricksBall and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in BricksBall’s sole discretion. This is particularly true for User Content that infringes on the intellectual property rights of others. We reserve the right to terminate the account of any user that repeatedly infringes on the intellectual property rights of others. You acknowledge and agree that BricksBall does not endorse, verify, adopt, ratify, or sanction, and is not liable for, any User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

5. Feedback.

To the extent you submit any comments, suggestions, ideas, proposals, plans or feedback related to the Services or our business (“Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that BricksBall has no obligation (including of confidentiality or privacy) with respect to your Feedback. Any Feedback will be considered non-confidential and non-proprietary to you. By submitting the Feedback, you grant to BricksBall a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback, without compensation to you. You hereby waive any and all moral rights or “droit moral” that you may have in Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Feedback.

License and Prohibited Conduct

1. Your License.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services and Content only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. BricksBall may revoke this license at any time, in its sole discretion. We may also create limits on the use or storage of User Content.

2. Prohibited Uses.

Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

Infringe on, remove, or alter any copyright, trademark, patent, trade secret, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy in Section 7);
Post, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;
Collect, Post, or store personal information of others without their consent.
Post User Content or engage in any action that violates our Community Policy, which is incorporated by reference herein;
Use the Services commercially, for benchmarking, or to compile information for a product or service;
Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, by any means except as permitted in these Terms or with the prior written consent of BricksBall;
Scrape, access, monitor, index, frame, link, or copy any Content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any API approved by BricksBall;
Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
Attempt to probe, scan or test the vulnerability of any BricksBall system or network or breach any security or authentication measures;
Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
Post or do anything that could disable, overburden, or impair the proper working of the Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Post material that impedes or otherwise prohibits communication or disrupts user discussion;
Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
Use another person’s account without authorization;
Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
Frame, inline link, or similarly display the Services or any portion of the Services;
Interfere with any other party’s use and enjoyment of the Services; or
Violate any applicable law or regulation.
Legal Compliance
You acknowledge, consent, and agree that BricksBall may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by BricksBall’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons:

to comply with legal process;
to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof;
to respond to claims that any Content violates the rights of third parties;
to respond to your requests for customer service; and/or
o protect the rights, property, or personal safety of BricksBall, its agents and affiliates, its users, or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
Copyright Policy
BricksBall respects the intellectual property rights of others and asks that users of our Services do the same. If you believe any Content accessible on or from the Services infringe your copyright, you may request removal of that Content (or access to it) from the Services by submitting written notification to our copyright agent designated below. The written notification must include (pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512):

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
Identification of the copyrighted work claimed to have been infringed.
A description of the Content on the Services that you claim is infringing, and information reasonably sufficient to permit us to locate the material (for example, the URL of the webpage).
Your name, address, telephone number, and, if available, email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent is:

Particle Media, Inc.
Attn.: Legal Department
800 W. El Camino Real, Suite 300
Mountain View, CA 94040
Email: bricsxball@gmail.com

‍If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that Content or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that Content you Posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access disabled.
Your name, postal address, telephone number, and, if available, email address.
A statement by you, made under penalty of perjury, that you have a good faith belief that the Content identified above was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
Our designated agent to receive Counter Notices is:

Particle Media, Inc.
Attn.: Legal Department
800 W. El Camino Real, Suite 300
Mountain View, CA 94040
Email: bricsxball@gmail.com

‍The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that Content or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of the DMCA.

Advertising Rights
BricksBall reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Services, and BricksBall and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Agreement obligates or may be deemed to obligate BricksBall to sell, license or offer to sell or license any advertising, promotion or distribution rights.

Third-Party Links and Services; Third-Party Content
The Services may include

Content provided by third parties (“Third-Party Content”); and
links to third-party websites or resources. If you access third-party resources, you do so at your own risk. BricksBall is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for
any content or other materials on or available from such sites or resources,
any errors or omissions in these websites or resources, or
any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that BricksBall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms. You acknowledge and agree that BricksBall does not endorse, verify, adopt, ratify, or sanction, and is not liable for, any Third-Party Content, and you agree that you must evaluate and bear all risks associated with your use of Third-Party Content or your reliance on the accuracy, completeness, or usefulness of Third-Party Content.
If you believe that any of the third-party websites, services, or resources violates applicable law or may be inappropriate, please notify us at bricsxball@gmail.com. We may review the linked content and can, at our sole discretion, remove the link from the Services. The inclusion of any such link is not indicate an endorsement or partnership between BricksBall and the third-party.

However, in some cases, we partner with other persons, entities, or organizations (the “Partners”) to co-promote their services within the Services. In these cases, you are transacting directly with the Partners, not us. On those relevant pages or locations within the Services, the Partners’ brand is clearly visible, and their terms of service are posted or otherwise made available. When you transact with the Partners, you are bound by their terms of service in addition to remaining bound to these Terms.

Warranties and Disclaimers
THE SERVICES, THE CONTENT, AND THE PRODUCTS AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED BY BricksBall, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, BricksBall DOES NOT WARRANT THAT: (i) THE CONTENT IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL BricksBall OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT BricksBall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE HIGHER OF THE AMOUNT PAID BY YOU TO BricksBall FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES, OR $100.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 10. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state or jurisdiction that permits the exclusion of these warranties and liabilities, then the limitations in Section 10 specifically do apply to you.

Idemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BricksBall AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THE TERMS OR BricksBall PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING CLAIMS FOR DEFAMATION. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Modification and Termination

1. Modification of Services.

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

2. Termination.

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions below in Section 14. Termination of your account may also include, at BricksBall’s sole discretion, the deletion of your account and/or User Content.

Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A BricksBall USER LOCATED IN THE UNITED STATES OR CANADA, THIS SECTION APPLIES TO YOU.

1. Application.

You and BricksBall agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 14 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to product availability, purchases, and advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions below in Section 14. Termination of your account may also include, at BricksBall’s sole discretion, the deletion of your account and/or User Content.

2. Initial Dispute Resolution.

Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at bricsxball@gmail.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with BricksBall, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

3. Binding Arbitration.

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 14.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services or any services provided by BricksBall shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions.

4. Arbitrator’s Powers.

Except as explicitly set forth in this Section 14, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The rules governing the arbitration may be accessed at http://www.jamsadr.org or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require BricksBall to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, BricksBall will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

5. Location.

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you, unless you and we both agree to another location or telephonic arbitration. You and BricksBall agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

6. Class Action Waiver.

The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BricksBall AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

7. Exception:

Litigation of Intellectual Property and Small Claims Court Claims.Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under these Terms.

8. Right to Opt Out within 30 Days.
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   You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to bricsxball@gmail.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) October 15, 2021; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, BricksBall also will not be bound by them.
9. Changes to This Section.

BricksBall will provide thirty (30) days’ notice of any changes affecting the substance to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which BricksBall does not have actual notice are subject to the revised clause.

10. Survival.

This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

Governing Law and Venue
These Terms shall be construed in accordance with and governed by the laws of the State of California notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these Terms or the use of the Services shall be initiated and conducted in the state or federal courts of Santa Clara County, California and you and BricksBall consent to the exclusive jurisdiction of such courts.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

General Terms

1. Force Majeure.

Under no circumstances shall BricksBall or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

2. No Waiver.

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of BricksBall to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

3. Third-Party Beneficiaries/Relationship between the Parties.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No agency or employment between you and BricksBall is created as a result of the Terms or your use of the Services.

4. Statute of Limitations.

Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

5. Miscellaneous.

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and BricksBall and govern your use of the Services, and supersede any prior agreements between you and BricksBall on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by BricksBall without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of BricksBall. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

6. Notices.

We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) Particle Media, Inc., Attn.: Legal Department, 800 W. El Camino Real, Suite 300, Mountain View, CA 94040; or (2) Email: bricsxball@gmail.com.

7. Application License.

Subject to your compliance with these Terms, BricksBall grants you a limited non-exclusive, non-transferable license to download and install a copy of BricksBall mobile app on a device that you exclusively control and to run such copy of the app solely for your own personal use. BricksBall reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device. If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or malfunctions in the Services.

8. Import and Export Jurisdiction.

Content and software from the Services may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of the Services, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit Content or software from the Services, whether by way of a direct product or of such materials or products, software, or other technical information into which Content or software from the Services has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Questions
If you have any questions about these Terms, please contact us by email at bricsxball@gmail.com.

iOS Terms
You acknowledge and agree that

these Terms are binding between you and BricksBall only, and Apple is not a party hereto, and
as between BricksBall and Apple, it is BricksBall that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to

product warranty or liability claims;
any claim that the app fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection or similar legislation; or
claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and BricksBall, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BricksBall’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit BricksBall’s liability in this regard.

Privacy Policy
Last Updated: January 1, 2023
This Privacy Policy applies to PoseidonGame, Inc. (“Bricks Ball Crusher”, “We,” “Us,” or “Our”) and describes the collection, use, disclosure, and protection of information gathered through the BricksBall network of Websites, including BricksBall.com, BricksBallapp.com, email newsletters distributed by us (hereinafter “Web sites” or “Sites”),BricksBall mobile applications (hereinafter “Apps”), and other products or services owned or operated by BricksBall (together hereinafter “Services”). BricksBall is committed to protecting the confidentiality and security of information it collects through its Services. Please read the following carefully. Your use of our Services is governed by this Privacy Policy and BricksBall’s Terms of Use (available here: https://bricks.game.blog/2023/01/31/poseidongame-terms-of-use/). Our Privacy Policy and Terms of Use do not apply to any third-party websites, services or applications, even if they are accessible through our Services.

By using our Services, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services.

Revisions to this Privacy Policy. Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of these changes, for example by posting them on the Services or providing email or other notice, and we’ll update the “Last Updated” date at the top of the Privacy Policy to indicate when those changes will become effective. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services.
Information We Collect. We collect the following information.
Device Related Information. We collect IP address, device ID, cookies, user settings and preferences, operating system, and app version.
Location Information. We may collect location information about your device that you volunteer or enable through the App or your device.
Usage Information. We collect information about how you use our Services, such as the type of content you view, and the time, frequency and duration of your activities, advertisement interactions and other usage information and performance data related to the Services and usage of them.
Information You Provide When Sign-In. If you register for an account with us, you provide us your unique account name, your email address, password. You may also be able to register using your user credentials to certain social media sites, such as Facebook, Google or Apple (“Social Networks”), and when you do, Social Networks will share with us information based on their privacy policies and based on your settings. You might choose to provide your birth year or gender.

Information You Choose to Share from Your Social Networks. If you choose to link the Services to your Social Networks, Facebook, Google or Apple will share with us information from your Social Networks based on their privacy policies and based on your settings.

Information You Provide as a One-Time Request. You may provide us with certain information when you submit a request or claim on our Apps or to us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information about you.
Information You Provide When Posting Content. You may provide us with the content you create, like posts, comments, audio, or video, and the content you provide through our camera feature or your camera roll settings with your permission.
Information You Provide When Advertising, or Posting a Job Opening or an Event. You may provide business name, legal name, email, phone number and other business contact information.
Information You Provide When you are Content Provider. You may provide publication name, legal name, email phone number, occupation, publication description, publication profile picture, publication coverage area, blog website, and social media links.
Cookies. Like most websites, we use cookies and similar technology to collect information about Site usage by all of our visitors and to help us remember you and your preferences when you revisit the Site. These cookies may stay on your browser into the future until they expire or you delete them. Further general information about cookies and how they work is available at http://www.allaboutcookies.org. We may allow selected third parties to place cookies through the Site for analytics or advertising purposes and they may collect information about a consumer’s online activities over time and across different websites when he or she uses our Site. We do not use technology that recognizes a “do-not-track” signal from your web browser.

How We Use Your Information. Our primary purposes for the collection and processing of information is to provide our Services (to perform our contract with you), to improve our Services, to administer your use of the Services, to market the Services to you, and to enable you to enjoy and easily navigate our Services. Also, we may process your information where we have a legitimate interest (e.g., fraud prevention, network and information security, research (including marketing research), and direct marketing), and as you otherwise consent.

We will use your information in one or more of the following ways:
Performing Services for You:

As necessary for the Web sites or Apps to function or provide you with Services properly;
Improve user experience;
Perform statistical, demographic, and marketing analyses of users of the App;
Communicate with you about your questions, claims or technical support; and
Communicate with you about changes to our policies, and send you information about features and enhancements on our Sites and Apps.
Advertising Customization and Measurement; Marketing:

Personalize content and experiences on our Services, including providing you reports, recommendations, ads and feedback based on your preferences, and measuring and analyzing that advertising (e.g., which advertising is more effective or engaging); and
Marketing to you regarding products and services we believe might interest you
Internal Research and Development; Quality Control:

In the aggregate to help us evaluate and modify existing Services and to help us develop additional services that are likely to be of interest to our users;
Optimize or improve our products, services and operations; and
To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures.
Security Detection, Protection and Enforcement; Functionality Debugging, Error Repair:

Detect, investigate, and prevent activities that may violate our policies, including our content policies and all applicable terms for our Services, or be illegal;
Recognize repeat visitors and facilitate ongoing access to the Services; and
Verify your or your authorized agent’s identity.
Other uses about which we notify you.

Information We Share with Third Parties. We will not share any information that we have collected from or regarding you without your consent except for the purposes described in “How We Use Your Information” and as described below:
Software Development Kits. We may use our advertising partners’ software development kits (“SDKs”). Our Advertising Partners can access your information through the SDKs so that they can decide whether to bid on ad inventory or serve an advertisement and choose the best ad for you on the Services.
Affiliates and Service Providers. We engage our affiliates and service providers to administer or provide our Services. We may share the information we collect with our affiliates or service providers who may process the information in their facilities subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures.
Content Providers. When you follow a content provider, the content provider can access your account name, general location, profile picture if you sign-in through a Social Network.
Content You Create. Your username, general location, the content you like, and the content you create, such as your posts, comments, or video, are available to the public. You can exclude your general location from the public comments in your settings.
Legal Obligations. We cooperate with government and law enforcement officials or private parties to enforce and comply with applicable laws and regulations.
Your Choices. You may have the right to opt out of certain uses of your information:
Opt-out of Email Communications. We may periodically send you free newsletters and emails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through the App (if applicable) or by following the unsubscribe instructions provided in the email you receive). We do need to send you certain important communications regarding the Services, and you will not be able to opt out of those communications.
Opt-out of Ad Tracking. You may opt-out of certain targeted advertising from participating entities by visiting http://optout.aboutads.info/#/ or http://optout.networkadvertising.org/# on each of your devices and browsers. If you change or upgrade your browser or device, or delete your cookies, you may need to use these opt-out tools again. Some Cookie-management solutions also rely on Cookies, so please adjust your browser Cookie settings carefully. We do not maintain or control the opt-out mechanisms and settings below and are not responsible for their operation. Your mobile device may also include settings that allow you to manage the use of cookies, such as Limit Ad Tracking or Tracking settings in iOS and Opt out of Ads Personalization in Android. You may also visit or download and use the AppChoices app at http://www.aboutads.info/appchoices on each of your devices.

Please note that, if you change or upgrade your device you may need to use these opt-out tools again. Please review the instructions and information at the links above carefully for more information about how these tools work. We do not maintain or control the opt-out mechanisms and settings and are not responsible for their operation.
More Opt-out on Mobile Apps. You have choices when it comes to how Apps function on your mobile device. Access to or availability of controls may vary depending on your device. You may be able to:
Manage push notifications by using your built-in mobile device settings and controls;
Manage location information by using your built-in mobile device settings and controls;
Manage/restrict in-app purchases by using your built-in mobile device settings and controls; or
Block navigation to the web by turning off network access on the device or turning off the browser.
Notice to California Residents Regarding “Shine the Light” Rights. California’s “Shine the Light” law (Cal. Civil Code section 1798.83) gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes, or to permit such residents to “opt out” of such sharing. We do not share your personal information with third parties for their own direct marketing purposes.
CALIFORNIA PRIVACY RIGHTS ACT (“CPRA”) AND VIRGINIA CONSUMER DATA PROTECTION ACT (“VCDPA”) (the “Privacy Laws”)

If you are a California or a Virginia Consumer, California and Virginia law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the Privacy Laws).

California defines a ‘Consumer’ as any resident of the state regardless of the capacity in which they interact with us.
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Virginia defines a ‘Consumer’ as a resident of the state who is acting in an individual or household capacity, but this excludes state residents who are acting in an employment capacity (as one of our current, former or prospective employees) or in a commercial capacity (as an employee, owner, director, officer, etc. of an entity communicating with us in that context). As a result, if you reside in one of these states and have interacted with us in an employment or commercial capacity you are not provided the rights described below by the Privacy Laws.

Categories of personal information we collect. Throughout this Privacy Policy, we discuss in detail the specific pieces of personal information we collect from and about users. Under the Privacy Laws, we are also required to provide you with the “categories” of personal information we collect. The categories we collect are: identifiers (such as contact information (your name, address, phone number, email or postal address) and unique personal identifiers (that may include but are not limited to your legal name or preferred alias and online identifiers like user account names); commercial information (such as transaction data and billing information); internet or other network or device activity (such as browsing history or Services usage); geolocation information; employment, education and professional related information; sensitive personal information (collected only about employees or vendors; or precise geolocation of consenting users); inferences we make about you or your interests based on analysis of other information we have collected; and other information that identifies or can be reasonably associated with you.

How we use these categories of personal information. We and our service providers may use and disclose the categories of personal information we collect from and about you for the following business and commercial purposes (as those terms are defined in applicable law:
Performing services for you;
Advertising customization and measurement;
Marketing to you regarding products and services we believe might interest you;
Research and development;
Improving our Services;
Detecting, protecting against, and prosecuting violations of our terms and policies, security incidents, and fraudulent or illegal activity;
Managing and overseeing our staffing needs (current, former and applicants) and our vendors;
Other uses about which we notify you.

Examples of these types of uses are discussed in the “How We Use Your Information” section in our main Privacy Policy above. We may also use the categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Processing Sensitive Personal Information (about employees and vendors). Sensitive Personal Information includes Social Security, driver’s license, or passport numbers; account log-in; financial account information with required access codes or passwords; racial, ethnicity, religious or philosophical beliefs; precise location (within 1850 feet); union membership; genetic or biometric information; gender or sexual orientation; and health information. We collect limited information in this category and process Sensitive Personal Information for the purposes disclosed above or at the time we collect this information. We do not process or disclose this information for purposes other than the purpose for which it was originally collected unless required by law. We use and process Sensitive Personal Information collected from California employees, job applicants or vendors (including racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status) to comply with laws including anti-discrimination laws and disability accommodation laws. We use Sensitive Personal Information from other Consumers (including racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status) to provide disability accommodations.

Processing Precise Geolocation. When you consent, we process this information to provide relevant content and advertisement based on your location. You can always withdraw your consent.
California and Virginia Privacy Rights

If you are a California or a Virginia Consumer, you have the following rights:

Access Rights. The right to request and receive up to twice in as 12 month period disclosure of:
our information collection practices – the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, the categories of third parties with whom we share such information;
our information sharing practices – a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
the personal information we have collected about them during the prior 12 months, or at their option, since January 1, 2022.
Deletion Rights. The right to request that we delete (and direct our service providers to delete) their personal information subject to certain exceptions.
Correction Rights. The right to request that we correct information that we hold which is inaccurate.
Opt-Out Rights. Do Not Sell My Personal
Do Not Sell My Personal Information. The right to request that we not sell personal information about them;
Do Not Share My Personal Information. The right to request that we not share personal information for cross-context or behavioral marketing purposes;
Limit Processing of Sensitive Personal Information. The right to request that we do not process Sensitive Personal Information for any purpose other than the purpose for which we originally collected it as disclosed in this Privacy Policy or before it is collected.
Virginia Consumers also have the right to direct us not to engage in profiling using their personal information. Profiling is any automated processing of personal information that is used to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interest, etc.
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We will not discriminate against you as a result of your exercise of any of these rights.
To exercise these rights, you can choose to:

To exercise your Access, Deletion or Correction rights, please send an email to privacy@BricksBall.com with a subject of “CRPA/VCDPA Request”.

In order to protect your information, we may need to verify your identity (that you are the person about whom we collected personal information) before processing your request. In some cases we may need to collect additional information to verify your identity, such as a government issued ID. We will acknowledge receipt of your request within 10 days and respond within 45 days; if we need additional time (up to 45 additional days) we will notify you.

We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you. Please understand due to very limited personal information we received, we might not be able to verify your identity and process your request.

To exercise your rights to Opt Out of having your personal information “sold” or shared for cross-context behavioral marketing purposes you can follow the instructions on our Do Not Sell or Share My Personal Information form, or email us at privacy@BricksBall.com with a subject of “CPRA/VCDPA Request”.

You do not need to opt out or tell us to limit processing of Sensitive Personal Information. We only process Sensitive Personal Information for the purpose for which we originally collected it as disclosed in this Privacy Policy or at the time we collect it.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party, analytics, or advertising partner cookies on your browser. This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code. If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

Under the Privacy Laws you can also designate an authorized agent to exercise your rights on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

If we have denied your Consumer request you have the ability to file an appeal with us. To file an appeal with us, please send an email to privacy@BricksBall.com with a subject of “CPRA/VCDPA Request”.

We will respond to you in writing within 45 days explaining the reasons for our decisions. If we deny your appeal Virginia Consumers can contact your state Attorney General at:

    Office of the Attorney General
    208 North Ninth Street
    Richmond, Virginia 23230
    (804)786-2074

Information Collected, Sources, Business Purposes for Collection, Disclosures

During the past 12 months we may have collected the following categories of personal information. This includes information that you provide to us directly, information we collect from you automatically, information that we collect when you interact with us such as through your online postings, and information that we may collect from third parties such as service providers, affiliated companies, marketing or data partners, or other third parties with whom you interact. It also includes information that we collect about employees and business partners and vendors from those individuals directly or from references, referrals or consumer reporting agencies. Not all information is collected from everyone who interacts with us.

Identifiers such as Unique Personal Identifiers (that may include but are not limited to your legal name or preferred alias and online identifiers like user account names), an encrypted version of your password, contact information, communications. We may collect additional information from suppliers, vendors, or employees including business contact information and titles (address, phone number, email or postal address)
Commercial information such as transactions with us, billing, and product information (collected from contractors, service providers, vendors, advertisers, content providers and other business partners).
Electronic network activity information such as the internet protocol (IP) address collected from your computers and mobile devices, and information about what you do online, including your interactions with our Site, through the use of cookies and similar technologies, system logs, and analytics monitoring.
Inferences we make about you or your interests based on analysis of other information we have collected.
Geolocation information
Content you create, such as posts, comments, audio or video, and the content you provide through our camera feature or your camera roll settings with your permission.
Employment, education and professional related information, such as resume information, professional service capacities and qualifications, protected classification information, biometrics (collected from current and prospective employees, contractors, service providers, vendors and suppliers).
Sensitive Personal Information (collected only about employees or vendors; or precise geolocation of consenting users), such as Social Security, driver’s license, or passport numbers; account log-in; financial account information with required access codes or passwords; racial, ethnicity, religious or philosophical beliefs; precise location (within 1850 feet); union membership; genetic or biometric information; gender or sexual orientation; and health information.
Other types of personal information that we may disclose to you prior to the point of first collection.
We use the information collected for our general commercial use as detailed above.

During the past 12 months we have disclosed the following categories of personal information to the following types of third parties for a business purpose as further described in “Information We Share with Third Parties” above.

Affiliated companies: We may have disclosed identifiers and commercial information with affiliates for purposes of decision making, reporting, management, analysis and other business purposes.
Service providers, publishers and marketing partners: We may have disclosed information such as identifiers, commercial information, geolocation, internet or other electronic network activity, and inferences with service providers, content provider, and marketing partners for purposes of providing the Services to you, processing payments, legal and accounting services, advertising and analytics services.
Other third parties: We may have disclosed any or all categories of information with governmental authorities, law enforcement or others to comply with our legal obligations, to enforce our agreements, or to protect or defend the rights and property of our company or others.
Selling and Sharing Personal Information

We do not sell personal information for monetary consideration but we may transfer your information to a third party that provides us with services such as helping us with advertising, data analysis and analytics, and security, which may fall under the definition of for “other valuable consideration” and which may therefore be considered a “sale” under the CPRA. During the past 12 months leading up to the effective date of this Privacy Policy, we “sold” (as that term is defined under the CPRA), identifiers, commercial information, geolocation, and internet or other electronic network activity (like a record of a browser’s visit to our website) to marketing and advertising services to assist with such activities. We do not “sell” personal information if we have actual knowledge that the consumer is less than 16 years of age.

“Sharing” your personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from your activities across other companies’ websites, applications or online services that we use to predict your preferences or interests. Targeted advertising does not include using your interactions with us or information that you provide to us to select advertisements to show you. In the preceding twelve (12) months, We may have shared identifiers, commercial information, geolocation, and internet or other electronic network activity (like a record of a browser’s visit to our website) of non-minors for behavioral or cross context or targeted advertising purposes.

Nevada Residents Only. We do not transfer personal information for monetary consideration. If you would like to tell us not to sell your information in the future please email us at privacy@BricksBall.com with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.
Notice to Residents of Colorado, Connecticut, and Utah. We are currently not subject to the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, or the Utah Consumer Privacy Act. If we become subject to any of these laws we will provide appropriate disclosures here.
The Security of Your Information. We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the security of any information.
Data Retention. We retain the information we collect for as long as your use of our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Links to Other Sites. Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.
Data Processing. Our Sites are maintained on AWS servers located in the U.S., and your information submitted is processed and stored in the U.S.. If you are visiting our Sites from outside the U.S., please be advised that your information is transferred to the U.S..
Our Policy toward People under 13. Our Services are not directed to people under 13 and we do not knowingly collect information from individuals under the age of 13. If you are between 13 and 18, you must have permission from your legal guardian before you are permitted to use the Services. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at privacy@BricksBall.com. You can also write to us at the address listed at the end of this Privacy Policy.
Questions? Please contact us at privacy@bricksxball.com, or 800 W El Camino Real, Suite 300, Mountain View, CA 94040.