Terms of Use

SMACKDOWN vs RAW COMMUNITY SITE TERMS OF SERVICE

READ CAREFULLY BEFORE CONTINUING

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THQ INC. BY SIGNING UP FOR AN ACCOUNT AND USING THE SMACKDOWN vs RAW COMMUNITY SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE SMACKDOWN vs RAW COMMUNITY FORUM.

Welcome to the SmackDown vs Raw Community SITE (“SVRCS”). Nothing in this Agreement shall be interpreted as granting you any rights or privileges of any kind with respect to SVRCS. SVRCS is provided on an "as is" "as available" basis and THQ makes no warranty to you of any kind, express or implied.

Ownership. SVRCS is the copyrighted work of THQ and all use of the SVRCS on-line service (the "Service") is governed by the terms and conditions contained in this Agreement, including any future revisions (hereafter referred to as the "Terms of Use" or "Agreement"). This Agreement is in addition to, and does not replace or supplant, the End User License Agreement that accompanied the SVRCS software (the "EULA") and to which the SVRCS software is subject. Any use of SVRCS not in accordance with the Terms of Use or the EULA is expressly prohibited. You represent that you are over the age of eighteen (18) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself.

1. Establishing an Account.

1.1. You may establish one (1) user account (the "Account") pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be 18 or older. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by THQ.

1.2. To register for an Account you will be required to provide THQ with: (i) your first and last name, e-mail address, username, date of birth, language and time zone. As such, it is imperative that you provide THQ with accurate, up to date information. In the event that THQ learns that you have provided false or misleading registration information, THQ reserves the right to immediately terminate and disable or delete the Account.

1.3. During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. THQ is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. THQ is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. The user name you choose shall be subject to the naming guidelines contained in this Terms of Use Agreement.

1.4. THQ does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and will result in termination of the Account.

2. SVRCS Rules of Conduct.
SVRCS is governed by certain rules of conduct that must be adhered to by all users of SVRCS. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and THQ reserves the right to determine which conduct it considers to be outside the spirit of SVRCS and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. THQ reserves the right to modify these Rules of Conduct at any time pursuant to Section 9 of this Agreement. Any material, including but not limited to, sketches, drawings, ideas, concepts, photos, audio recordings, visual recordings (“Material”), that You post on SVRCS becomes property of THQ. THQ has the right to use the Material in for any purpose, included but not limited to game development, marketing and manufacturing of our products.

2.1. Rules.
The SVRCS is here to provide you with an environment where you can discuss ideas, give game play advice, and converse about any other aspects of SmackDown vs Raw Guerilla with other players. Community forums are at their best when participants treat their fellow posters with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in these forums.

The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other community members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, the forum moderators shall have full discretion to address any behavior that they feel is inappropriate. THQ reserves the right to suspend your access to the SVRCS forums at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines.

User Name.
Each user will select a user name during the registration process. If THQ finds such a user name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account.
In particular, you may not use any name:

2.1.1. Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of THQ.

2.1.2. That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

2.1.3. That belongs to a popular culture figure, celebrity, or media personality;

2.1.4. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

2.1.5. Belonging to any religious figure or deity;

2.1.6. Related to drugs, sex, alcohol, or criminal activity;

2.1.7. Referring to pop culture icons or personas. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

2.2 General:

2.2.1. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use this website for commercial purposes of any kind,

2.2.2. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the SVRCS Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the SVRCS Sites;

2.2.3 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

2.2.4 You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

2.2.5 You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements that do not generally pertain to the designated topic or theme of the forum;

2.2.6 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

2.2.7 You will not communicate or post any user's personal information in or on the SVRCS website, or websites or forums related to SVRCS.

2.2.8 Post any content or language which, in the sole and absolute discretion of THQ, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

3. Consequences of Violating the THQ Terms of Service.
THQ may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of SVRCS. Violation of any of the terms and conditions set forth above may result in actions being taken by THQ, effective immediately or at a time determined by THQ, which may include without limitation: (i) temporarily suspending your access to SVRCS, or (ii) permanently terminating your access to SVRCS. Without limiting the foregoing, THQ retains the right to decline service to any user who violates the SVRCS Terms of Use or the EULA.

4. Administration of SVRCS; Changes to the Terms of This Terms of Use Agreement.
THQ reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any SVRCS feature, hours of availability, content, data, software or equipment needed to access SVRCS. THQ will post notification of any such changes to SVRCS on the SVRCS website and will post any revised Terms of Use in this location, and may provide such other notice as THQ may elect in its sole and absolute discretion, which may include by email, postal mail, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your SVRCS account and terminate the Account. The continued use of SVRCS by you following notice of changes to this Agreement will mean you accept any and all such changes. THQ may change, modify, suspend, or discontinue any aspect of SVRCS at any time. THQ may also impose limits on certain features or restrict your access to parts or all of SVRCS without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of SVRCS, any game data or in any terms or conditions of access to or use of SVRCS.

5. Ownership.
All title, ownership rights and intellectual property rights in and to SVRCS (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into SVRCS, transcripts of the chat rooms, character profile information, recordings of games played on SVRCS, and the SVRCS client and server software) are owned by THQ or its licensors. SVRCS is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. SVRCS may contain certain licensed materials, and THQ's licensors may protect their rights in the event of any violation of this Agreement.

6. Termination.
This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. THQ reserves the right to terminate this Agreement without notice, if, in THQ's sole and absolute discretion, you fail to comply with any terms contained in these Terms of Use or the SVRCS EULA.

7. Acknowledgments.
You hereby acknowledge that:

7.1. WHEN RUNNING, THE SVRCS SOFTWARE, THQ MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH SVRCS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN THQ 'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SVRCS INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY THQ; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH SVRCS. IN THE EVENT THAT SVRCS DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THQ MAY (a) COMMUNICATE INFORMATION BACK TO THQ, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER SECTION 6 OF THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

7.2. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to SVRCS's servers.

7.3. THQ has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

7.4. THQ has the right to obtain "non-personal" data from your connection to SVRCS in order to make certain demographic assumptions regarding the users of SVRCS without any further notice to you.

7.5. In order to assist THQ to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that THQ shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

7.6. THE INFORMATION, CONTENT AND MATERIALS ON SVRCS SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY SVRCS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SVRCS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY SVRCS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SVRCS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any SVRCS Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SVRCS Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information)..

7.7. The use of any "user interface" other than the user interface that is included in the SVRCS Software ("Third Party User Interface") is not recommended by THQ, and you hereby agree to indemnify and hold harmless THQ from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that THQ elects to post a list of approved Third-Party User Interfaces on its website, you agree that you will use only those Third-Party User Interfaces approved by THQ, and that you will use no other Third-Party User Interfaces in connection with SVRCS.

7.8. NEITHER THQ NOR SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE SVRCS INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, THQ SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY SVRCS. MOREOVER, NEITHER THQ NOR SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THQ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

7.9. You may not be able to access SVRCS whenever you want, and there may be extended periods of time where you cannot access SVRCS.

7.10. THQ shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of THQ ; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond THQ 's 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.

7.11. SVRCS requires the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, etc. ("SC Data"), which are stored by THQ. While keeping SC Data safe is a priority of THQ, note that THQ shall not have any liability for the loss of any SC Data for any reason whatsoever.

7.12. THQ reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation SC Data and any other information accumulated, stored or uploaded on SVRCS;

7.13. You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your SVRCS account is aware of the terms of and complies with this Agreement.

8. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that THQ would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that THQ shall 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 THQ may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

9. Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, Los Angeles County, without giving effect to any principles of conflicts of law.

10. Miscellaneous.
The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list o Specially Designated Nationals or the U.S. Commerce Department Table or Deny Orders. If you do not meet these criteria or are not sure, do not install or download the Software. If you live in such a country, no license is granted hereunder.

PRIVACY POLICY

1. Introduction

THQ Inc. and its subsidiaries and affiliates (collectively "THQ" or "we") respect the privacy rights of our online visitors and are committed to protecting the personal information collected about you. To further this commitment, we have adopted this Online Privacy Policy ("Privacy Policy") to guide how we collect, store, and use the information you provide us online.

This Privacy Statement and the certification seal located on this page confirm that THQ is a valid licensee and participating member in the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites have been reviewed and certified by ESRB Privacy Online to meet established online information collection and use practices. As part of this privacy program, we are subject to frequent audits of our sites and other enforcement and accountability mechanisms administered independently by ESRB Privacy Online.
Because the website you are currently visiting displays the ESRB Privacy Online certification seal, you can expect to be notified of the following.

The scope of this Privacy Policy

Exactly what information THQ may collect from you through its website(s)

- How THQ will use the information it collects
- What are the consequences if you refuse to divulge your personal information
- Whether THQ uses cookies or other passive collection tools on its website(s)
- Who collects the information that you disclose on a THQ website
- With whom, if anyone, does THQ share your personal information
- What choices you can make regarding how your personal information is used
- How you can change or delete the information THQ has collected about you
- What is THQ's policy regarding collecting information from children under 13
- How THQ ensures the security, quality, and integrity of your information
- How you can ask a question or file a complaint regarding this Privacy Policy

2. What does this Privacy Policy apply to?

The website you are currently visiting is operated by THQ located at 29903 Agoura Road, Agoura Hills, CA 91301. This Privacy Policy currently applies to the website(s) operated by THQ (collectively referred to as "THQ Websites" or "our Websites"). Please click here to see a complete list of the products that are featured on the THQ Websites. In the future, if we wish to include additional websites under this Privacy Policy, we will take reasonable steps to include them in the list and ensure that they provide a link to this Privacy Policy.

Please note that this Privacy Policy applies only to information submitted and collected online through the THQ Websites (as listed above), and does not apply to information that may be collected by THQ offline. In addition, this Privacy Policy does not extend to websites maintained by our international affiliates (e.g., THQ Australia, THQ UK, THQ France, etc.) or other companies or organizations to which we link. Because we cannot guarantee that the privacy policies of such sites meet the requirements of the ESRB Privacy Online Program, we encourage you to read the privacy policy of the website to which you link before you submit any personal information to that site.
Please note that by using our Websites, you signify your assent to THQ's Online Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Websites. We reserve the right to make changes to this Privacy Policy. If we make a material change to this Privacy Policy, we will notify you by posting the change on our Websites or in this Privacy Policy and, if necessary, give you additional choices regarding such change. Please check back from time to time to ensure that you are aware of these changes. Your continued use of our Websites will signify your acceptance of these changes.

3. What types of information does THQ collect?

In order to give you the best experience on our Websites, THQ may collect information about you, but only if you voluntarily provide it to us. Typically, we may ask you to submit personal and/or demographic information in connection with any one of the following features or services.

- Website and game-specific registration
- Newsletter subscription
- General support
- Product support
- Online store
- Contests, sweepstakes, and other promotions
- Polls, surveys, or questionnaires
- Message boards
- Other features such as e-cards, wish lists, and tell-a-friend

The types and amount of personal information collected for these activities will vary depending on the activity. The requested personal information may include, but shall not be limited to: your name, home address, telephone number, e-mail address and (for those purchasing products online) credit card information including billing and shipping addresses. For some activities, we may ask you to create a username and password or to provide other non-personal information such as your age or date of birth, gender, game and or platform preferences (including information about the games and hardware you own), hobbies and interests, and any other information (also known as "demographic information"). Please note that when demographic information, or any other non-personal information, is combined with personal information, we shall treat all of the information, collectively, as personal information.

No matter what method we use to collect information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives.

4. How does THQ use the information it collects?

Generally, information that we collect for a particular purpose is used for that purpose only. For example, if you request product support, the email address that you provide will only be used for purposes of diagnosing your specific technical problem and providing an acceptable solution. Information collected from those who register on our Websites is used to provide registrants the benefits associated with such registration (e.g., subscription to newsletter or access to the latest game news and exclusive store promotions). And, of course, any credit card information is solely used to fulfill and process purchase orders. In some instances, however, you may also be given the option to have your information used for an activity or service different from the activity or service that you are requesting (e.g., to have your name entered into a contest when subscribing to our newsletter or vice versa). If you choose to receive these additional services, THQ will use your information to provide them to you.
We may use your email address to send you service-related announcements that tell you about updates to our Privacy Policy, new areas or features on our Websites, changes to our online service or technical support policies, and other related changes.

We may also use your personal and demographic information for our internal marketing and demographic studies, so we can constantly improve the online products and services we provide you and to better meet your needs.

Please be advised that in some areas of our Websites, you may be able to submit information about yourself in a business capacity. Although we can assure you that any personal information gathered in this context will be used solely for its intended purpose, such information is not subject to this Privacy Policy. These areas typically include an employment section where you can submit your resume online and/or an investors relations section where you can fill out an online form to request financial information about THQ.

5. What happens if I refuse to provide my personal information to THQ?

If you choose not to submit personal information when requested, you may not be able to participate in certain activities on our Websites and may limit the services we can provide you. For example, if you refuse to share your email address, you may not be able to receive general support or product support. To simply browse our Websites, however, you do not need to give us any personal information.

6. Does THQ use cookies, track IP addresses, or use other passive means to collect information?
The various means described below shall be collectively referred to as "Technical Methods."

Cookies

We may use cookies to improve the use and functionality of our Websites. A "cookie" is a small file or record-keeping device that websites often store on a user's computer. Storage of cookies on your system provides an easy and convenient method for us to personalize your experience on our Websites. For example, cookies will remember what you've placed in your shopping cart, tell us that you have visited one of our Websites before, and may contain other information that will make your next visit to our Websites more enjoyable. We may combine information contained in cookies with your personal information. You can always disable cookies or set your browser to alert you when cookies are being sent to your computer, although this may affect your ability to shop online, both at THQ and elsewhere.

Web Beacons

We may use web beacons (or clear GIFs) on our Websites or include them in the e-mail messages we send you. Web beacons (also known as "web bugs") are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data. We use web beacons for many purposes, including site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization. Information gathered through web beacons may be linked to your personal information.

IP Addresses

THQ may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

Log Files

THQ may collect information in the form of logs - files that record website activity and gather statistics about web users' browsing habits. These entries are generated anonymously, and help THQ determine (among other things) how many and how often users have visited our Websites, which pages they've visited, and other similar data (a.k.a., navigational data). We also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you. Log files are used internally only, and are not associated with any particular user, computer, or browser.

7. Who is collecting my personal information and is it shared with anyone?

The information that you disclose on the THQ Websites is collected by THQ or by a vendor on THQ's behalf; and, is used in accordance with the practices set forth above. Vendors (or agents) are entities that provide support for the internal operations of our Websites and who only use the information we share with them (or that they collect on our behalf) for purposes of internal fulfillment (e.g., online product fulfillment). Vendors are required to handle such information in accordance with this Privacy Policy.

From time to time, we may run contests, tournaments, or other events or activities ("events") on our Websites. Information collected for these events may include personal information such as your email address and may be collected by or shared with a third party sponsor, co-sponsor, or other reputable third party (e.g., promotional partner, software licensee, or game developer). While we have no control over the third party's use of such information, we use reasonable efforts to always contractually ensure that they agree to protect the confidentiality, security, and integrity of any personal information we share with them (or that they collect through our Websites). If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these events at the time the information is collected.
We may disclose personal information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, THQ's customer information may be transferred to our successor or assign.

8. Can I choose how my personal information is used?

If you do not want to receive our newsletter, service related announcements, or any other communications and/or services from THQ, please opt-out from these communications or services at the time of registration or information collection. If you have opted-in and, at a later time, wish to opt-out, please visit the appropriate "Profile" section on our Websites or contact us using the information provided below.
Your California Privacy Rights

Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For inquiries regarding our disclosure policy, please contact us using the information provided below:

THQ Inc.
29903 Agoura Road
Agoura Hills, CA 91301.

9. How can I access my personal information?

If you wish to review, update, or delete any personal information that we may have collected about you, please visit the appropriate "Profile" section on our Websites or contact us using the information provided below.

10. What is THQ's policy regarding children under 13?

We recognize the need to provide additional information and protections for those THQ Websites that are targeted to children under the age of 13, specifically the PlayTHQ Websites. To read our privacy policy specific to children under the age of 13, and the PlayTHQ Websites, please see our Kids' Privacy Policy below.
Please note, that from time to time, certain portions of the THQ Websites may allow children under 13 to disclose a limited amount of personal information without first telling us their age or getting their parent's permission. Such portions of our Websites operate activities or provide services in a way that does not require prior parental consent.

11. What safeguards does THQ use to protect my personal information?

THQ takes reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Personal information collected by THQ is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. In addition, our online store uses industry-standard encryption to prevent unauthorized electronic access to sensitive financial information such as your credit card number. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. For example, before we allow web users to access their personal information, we verify their identity by requesting information such as their username and password.
Although we cannot guarantee that third parties to whom we transfer personal data will adhere to the security standards set forth above, we will take reasonable measures, such as contractual obligations, to assure that they provide sufficient protection over such data.

12. How do I ask a question or file a complaint? (Contact Information)

If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator at:
THQ Inc.
29903 Agoura Road
Agoura Hills, CA 91301
(818) 871-5000
Fax: (818) 871-7400

You can also contact ESRB Privacy Online directly at http://www.esrb.org/privacy/contact.jsp or at:
ESRB Privacy Online
Attn.: Director, Privacy Online
317 Madison Avenue, 22nd Floor
New York, NY 10017

This Privacy Policy was last updated on May 29, 2008.

13. Kids' Privacy Policy

Introduction

Building on our general Privacy Policy, THQ recognizes the need to provide additional privacy protections when children under the age of 13 visit the PlayTHQ Websites. Our Kids' Privacy Policy describes how we collect and use personal information collected online from children. It also describes how parents can review the personal information that we have collected.

For your convenience, the Kids' Privacy Policy uses terms that are defined in our general Privacy Policy, shown above. A link to our privacy policies is also posted at the bottom of each THQ and PlayTHQ Website.

Collection, Use, and Disclosure of Information
We allow children to surf the PlayTHQ Websites, look at content, and play some games without giving us any personally identifiable information. We do not collect personal information from children unless they register on one of the PlayTHQ Websites for access to exclusive content and to receive newsletters regarding upcoming PlayTHQ videogame releases.

During registration for the PlayTHQ Websites, THQ requests and collects from children their e-mail address and birth date, a parent's e-mail address, and a member/user name. Birth dates are collected to validate the ages of our users, including children, and we collect a parent's e-mail address to let parents know that their child has signed up with the PlayTHQ Websites, to verify their consent and send future notices about their child's account. We also collect the child's e-mail address for the purpose of sending the child e-mail related to their subscription to the PlayTHQ Websites and newsletters as mentioned above. We ask that parents set their child's password, so that the parent has access to their child's account and personally identifiable information at all times. This password can easily be retrieved or modified by a parent at any time using instructions provided below.

Please note that any sites directed at children under 13 are prohibited by law from conditioning a child's participation in an online activity on the child's providing more personal information than is reasonably necessary.
THQ does not sell, market, trade, or otherwise distribute personally identifiable information to third parties outside of our company. We will not use any of the information we collect from any registrant of the PlayTHQ Websites for any purpose other than to access the website, e-mailings as described above and for the purposes of contacting the parent. Situations in which we may share a child's personal information with third parties would include those in which it is reasonably necessary to: protect the security of integrity of the PlayTHQ Websites; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies, or for an investigation related to public safety.

For additional information about how THQ safeguards the personal information of its members please see our general Privacy Policy above.

Electronic Postcards

All electronic postcards accessible on the PlayTHQ Websites request that users furnish an e-mail address. This is necessary to send the postcards electronically. The e-mail addresses are deleted from our servers and not distributed to third parties or used for any other purposes than sending the postcards.

Technical Methods

If a parent allows their child to register with the PlayTHQ Websites and for us to collect personal information about their child, we may link certain Technical Methods to that personal information. These Technical Methods allow us to operate the PlayTHQ Websites more effectively, make them more interesting and useful to you and are beneficial for various purposes related to our business. We do not however collect any additional personally identifiable information via these Technical Methods. For further information about the particular Technical Methods used on the PlayTHQ Websites, please see our general Privacy Policy under the sub-heading: "Does THQ use cookies, track IP addresses, or use other passive means to collect information?"

Sweepstakes and Contests

We send parents an e-mail when their child registers to enter a sweepstakes or contest on one of the PlayTHQ Websites. We provide parents 48 hours to confirm their child's registration and entry in the sweepstakes or contest. If a parent does not confirm their child's registration request in this timeframe, we assume it is not acceptable for the child to enter the sweepstakes or contest, and we will delete their child's information from our database of entries. Once a parent permits a child to register, the child will be allowed to complete their entry into the sweepstakes or contest. Only enough information as is required to enroll in the sweepstakes or contest will be collected. After the drawing or contest is concluded, we will not retain any additional personally identifiable information collected beyond the information already provided at the time of registration for the PlayTHQ Websites. If a child wins a sweepstakes or contest, we notify the parent at the parent's e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner's first name, first initial of last name, city, and state of residence on the PlayTHQ Websites.

Parental Consent

We require that parents give us express permission for their child to register with the PlayTHQ Websites. Additionally, at any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our database. The parent will need to have their child's member name and password. If the password has been lost or forgotten, there are instructions on the PlayTHQ Account Maintenance for Parents page explaining how to recover or set a new password for access. There are three methods for a parent to access, change, or delete the personally identifiable information that we have collected from their children:

Using the e-mail first sent to them by THQ, a parent can click on the link provided to take them to the PlayTHQ Account Maintenance for Parents page. Once linked to this page a parent will be able to log in to their child's account, review, change or delete any of their child's personal information, as well as update their child's password.

A parent can access their child's account information using the following link: http://www.playthq.com/myplaythq/maintenance, , which will direct them to the PlayTHQ Account Maintenance for Parents page. Once linked to this page, a parent can log in to their child's account, review, change or delete any of their child's personal information, as well as update their child's password.

A parent can also visit www.PlayTHQ.com. By clicking the link at the top of the home page entitled "For Parents" they will be provided with informative text. A link to the PlayTHQ Account Maintenance for Parents page is provided under the subheading "How can I review, modify or delete my child's PlayTHQ registration information?" By following the link, a parent will be able to use their child's information to review, change or delete any of their child's personal information as well as update their child's password.

Links to Other Sites

When children click on links from the PlayTHQ Websites to other sites, we may open the other sites in a new browser window. We make every effort to only link the PlayTHQ Websites to appropriate outside sites for children, and will advise a user when leaving the PlayTHQ Websites. Unlike the PlayTHQ Websites, however, these outside sites may collect personal information, which is outside of the control of THQ.

Amendments to this Policy

We may amend our Kids' Privacy Policy at any time. We will provide parents notice by e-mail in the event of any material changes in the way we intend to collect, use, and/or share a child's personal information. Please note that, at all times, parents should keep their personal information updated and provide us with current e-mail addresses. THQ will only apply material changes to the Kids' Privacy Policy in conformance with applicable law, including any applicable provisions of the Children's Online Privacy Protection Act that require parental consent.

If you have any questions or concerns regarding this Kids' Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator at:
THQ Inc.
29903 Agoura Road
Agoura Hills, CA 91301
(818) 871-5000
Fax: (818) 871-7400

You can also contact ESRB Privacy Online directly at http://www.esrb.org/privacy/contact.jsp or at:
ESRB Privacy Online
Attn.: Director, Privacy Online
317 Madison Avenue, 22nd Floor
New York, NY 10017

This Kid's Privacy Policy was last updated on May 28, 2008.