Legal

Making a payment. When you make a payment to Pundit Games, you may need to provide personal information to our third-party payment processors. Such personal information may include sensitive personal information, such as your credit card number.

Submitting information to us. We collect information you submit to us. For example, when you post a review of a Pundit Games product on punditgames.com or refer a friend to Pundit Games on punditgames.com, we receive the information in your submission, including any personal information. If you choose to submit content to any public area of punditgames.com, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

Communicating with us. We may also collect personal information from you when you communicate with us. For example, you may send us personal information by writing an email to us, calling our customer service department, subscribing to Pundit Games communications, or making a reservation for an event hosted by Pundit Games.

Taking a survey. From time to time, we may contact you to participate in optional online surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information.

Passive collection. Our websites and applications collect and store information that is generated automatically as you use them, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, cookie identifier, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our websites and applications (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this data to analyze trends in the aggregate and administer our Products. Information that we passively collect may be combined with other information about you, including personal information.

Tracking technologies. Pundit Games and its partners use cookies, pixels, server logs, and other similar technology to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base. Non-personal information that we collect using these technologies may be combined with other information about you, including personal information.

Information provided by third parties. Pundit Games may collect information about you from third parties or supplement the information we collect from you with additional records received from third parties. If you place an order with a third-party retailer, that retailer will send your personal information to Pundit Games so that we can fulfill you order. We also collect information from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

Non-personal information collected when you use our Products. Some of our Products may collect information when you use them. When you use our Glow light and accompanying application, we collect information about how you use Glow, such as when you turn it on, off, or change the brightness setting; your device type; and information about the light levels in the room you’re in to provide the right light settings (collectively, “Glow Usage Data”). Glow and its accompanying app do not collect personal information other than your Internet Protocol address.

Except as provided below, we do not share or disclose your personal information. We never monetize your information; we use your information to continue developing excellent products to help you enjoy football in a new way and to optimize your experience with relevant offers and promotions.

Internal and service-related usage. We use and retain information, including personal information, to improve and facilitate our Products, including:

• to analyze interactions with and performance of our Products; • to debug and identify errors that impair functionality;

• to detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity;

• for research related to technological development and demonstration;

• to improve or enhance our Products or website.

Advertising. We may use personal information to help us deliver targeted advertising including to consumers directly and through unaffiliated advertising partners, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. Communications. We may send communications via email or SMS to verify your information and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information about you, including personal information, to send you information about Pundit Games’s Products, including by email, SMS, phone, or mail.

Non-personal Information. We may use aggregated or other data that is not personal information for any purpose, including marketing. These uses may include but are not limited to analyzing interactions with and performance of our Products, enabling us to improve our Products, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such and aggregated data collected via our Products with other information collected from our business partners.

How we use automatic collection technologies. We, as well as third parties that provide content, advertising, or other functionality on our Products, may use cookies, pixel tags, local storage, and other technologies to automatically collect information. Our use of these technologies fall into the following general categories:

• Operationally Necessary: This includes technologies that allow you to access our Products and tools that are required to maintain functionality and monitor and protect our Products.

• Performance-Related: This includes technologies that allow us to assess the performance of our Products and help us understand how our users and visitors interact with our Products.

• Functionality-Related: This includes technologies that allow us to offer you an enhanced experience when using our Products, such as keeping track of your preferences.

• Advertising or Targeting-Related: We may use first- or third-party Technologies to deliver content, including ads relevant to your interests on our Products or on third-party websites and applications.

Pundit Games may disclose your information in the following ways: Service Providers. We may share personal information with our vendors and Service providers who perform services on our behalf. These third parties are authorized to use your personal information only as necessary to provide these services to us, such as fulfilling orders, processing payments, sending and improving communications, developing and improving our Products, detecting, preventing, and remediating fraud or other prohibited activities, and other support for the provision of our Products.

Displaying to other users. The content you post to punditgames.com may be displayed on punditgames.com. Other users may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information. As required by law and similar disclosures. We may access, preserve, and disclose your personal information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your personal information, and content if we believe in good faith that disclosure is necessary to protect yours’, ours’ or others’ rights, property, or safety, or investigate fraud.

Merger, sale, or other asset transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your personal information following any of the foregoing events should be governed by the provisions of the Privacy Policy in effect at the time such personal information was collected.

We may also disclose your personal information with your permission. For lists of the categories of personal information we have disclosed about consumers for a business purpose and/or for valuable consideration in the last 12 months, click here.

• Access personal information about you that we have collected.

• Request correction of personal information that is incomplete or inaccurate. We may offer self-service tools for you to correct this information.

• Request deletion of personal information that we hold about you.

• Request restriction of or object to processing, including the right to opt out of the sale of your personal information to third parties.

You can make any of these requests via our privacy portal or by calling this toll-free number: 855-255-8611. We will respond to your request within a reasonable timeframe. We may ask you to verify your identity. You have the right not to receive discriminatory treatment for the exercise of your privacy rights. If you wish to designate an unauthorized agent to make a privacy request for you, please email us and inform us of this designation, along with the designated agent's name and email address. We reserve the right to save transaction data as is necessary to comply with legal obligations or for purposes of standard business operations.

Our Products may contain links to other websites and other websites may reference or link to punditgames.com or our other Products. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Our Products may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Products. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.

By choosing to visit punditgames.com, using our Products, or otherwise providing information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with Pundit Games or our Products will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Changes to our Privacy Policy and practices We may revise this Privacy Policy, so we encourage you to review it periodically. If you continue to visit punditgames.com or use our Products after such changes have been made, you hereby provide your consent to the changes.

New uses of personal information. From time to time, we may desire to use personal information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses, before those changes become effective, as may be required by law.

If you choose to receive marketing text messages from us, either via our Sites or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message. If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.

The compilation of each Site is the exclusive property of Pundit Games and is protected by United States and international intellectual property laws. Any unauthorized use of any Pundit Games Content on any Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may not display or reproduce the Marks in any manner without the prior written consent of Pundit Games, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites.

Payments. The Sites currently use third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm (in the United States) or PayBright (in Canada), as detailed on the payment screen.

Third Party Seller purchases. Pundit Games may offer certain of its Products through Third Party Sellers. Pundit Games does not control any Third Party Seller, and your order, purchase, receipt or use of any Product provided by any Third Party Seller is a transaction solely between you and such Third Party Seller. Each Third Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third Party Seller or any retail locations operated by a Third Party Seller are at your own risk.

Customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Pundit Games is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Spokespeople. From time to time, Pundit Games may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Pundit Games for their statements.

Returns. We have a 100% satisfaction guarantee service. Therefore, if you for some reason are not happy about the game, you can return your game and get your money back at any time. If you wish to return your game, please send us an email on contact@punditgame.com and we will provide you with instructions on how to mail the game back to us.

Third Party Seller Returns and Refunds. Notwithstanding anything provided in these Terms, including this Section XI, the return of any Product(s) ordered, purchased or received from any Third Party Seller and any refunds issued in connection with such Product(s) will be subject to the terms and conditions of such Third Party Seller. Please contact the Third Party Seller from which you ordered, purchased or received the Product for their applicable terms and conditions regarding returns and refunds.

By posting a Review on any Sites, you hereby grant Pundit Games an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Sites, for any purpose, including promoting and marketing Pundit Games and the Products.

You further grant Pundit Games a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Sites. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be unlawful, infringing, defamatory, slanderous, libelous, inaccurate, unlawful, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, hatred, or in volitation of any rights of any third-parties as determined by Pundit Games in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. Pundit Games has no obligation to monitor this Sites or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Pundit Games has no obligation to display or post any Reviews.

Pundit Games, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites infringe your copyright, you (or your agent) may send Pundit Games a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);

• Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pundit Games to locate the material on the Sites;

• Your name, address, telephone number, and e-mail address (if available);

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

>• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You agree to use each Site only for its intended purpose. You must use the Sites in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Sites are prohibited. You may not:

• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Sites, user accounts, or the technology and equipment supporting the Sites;

• frame or link to the Site without permission;

• use data mining, robots, or other data gathering devices on or through the Sites;

• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

• disclose personal information about another person or harass, abuse, or post objectionable material;

• sell, transfer, or assign any of your rights to use the Sites to a third-party without our express written consent;

• post advertising or marketing links or content, except as specifically allowed by these Terms;

>• use the Sites in an illegal way or to commit an illegal act in relation to the Sites or that otherwise results in fines, penalties, and other liability to Pundit Games or others; or access the Site from a jurisdiction where it is illegal or unauthorized.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Sites you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Sites at any time, including hours of operation or availability of the Sites or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Sites. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Pundit Games of all claims, demands, and damages in disputes among users of the Sites. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of any Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites. Use the Sites at your own risk.

Generally. In the interest of resolving disputes between you and Pundit Games in the most expedient and cost effective manner, you and Pundit Games agree that any dispute arising out of or in any way related to these Terms, your use of the Sites or the Services or the purchase, receipt, order or use any of the Products will be resolved by binding arbitration.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, your use of the Sites, the Services, or the purchase, receipt, order or use of any of the Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PUNDIT GAMES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

No Class Actions. YOU AND PUNDIT GAMES 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. Further, unless both you and Pundit Games agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. If Pundit Games makes any future change to this arbitration provision, other than a change to Pundit Games’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Pundit Games’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Pundit Games.

Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of or access to the Sites, the Services or the purchase, receipt, order or use of Products.

You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of or access to the Services constitutes your acceptance of these Terms.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.