Cascade Game Foundry Privacy Policy                                                                             

Last Updated: January 8, 2021

 

Cascade Game Foundry (“us”, “we”, “CGF”) has developed this Privacy Policy to help you understand how we collect, use and protect the information we may acquire through your use of our game Infinite Scuba® or other Cascade Game Foundry games (collectively “CGF Games”) or any website operated by us (collectively with CGF Games, the “Services”).  Your privacy is important to us and we encourage you to read this Privacy Policy carefully so that you can make informed decisions about your use of the Services.

 

If you have any concerns about our use of information or compliance with this Privacy Policy please contact us in writing at info@cascadegamefoundry.com. We are committed to resolving any concerns or complaints regarding the collection, use, transfer or disclosure of information in an amicable and collaborative way.

 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND CONSENT TO THE USE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

 

1.     PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT.

When you visit and/or use our Services, we may collect information from the device you are using, account information and/or order information. All of these types of information we may collect about you are called your “Personal Information.

 

A.    Device Information. When you visit the Services, we automatically collect certain information that does not tell us who you are, but may let us identify the specific device you are using to visit the Services (such as your computer, tablet, or smartphone) (“Device”), your operating system and version and IP address. We refer to this automatically-collected information as “Device Information.” We may use this Device Information to: (i) help us screen for potential risk and fraud, in particular, by using your IP address and (ii) to measure, analyze, improve, and optimize how our Services work. 

 

B.     Account Information. Portions of the Service require you to create an account with CGF (“Account”). You may create an Account by providing us with your email address, username and password. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. CGF will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by CGF or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.

 

C.    Order Information. To make a purchase through the Service, you will be required to provide certain information so that we can complete your purchase, including your name, billing address, payment information and email address. We refer to this information as “Order Information.” All Order Information is collected for billing and payment purposes only and will be protected and administered by CGF and/or our authorized third-party partners.

 

2.               HOW IS MY PERSONAL INFORMATION USED FOR ANALYTICS? It is important for us to know how users interact with our Service. We collect your location information and Device Information so we can deliver our Service to our users, measure, analyze, and improve our Service, and update and develop our Service. For example, we will use this information to fix any bugs or errors in the Service and to decide if we need to support a new Device type for the Service.  

 

3.               DO NOT TRACK. Please note that we do not change our Sites’ data collection and use practices when we see a Do Not Track signal from your browser.

 

4.     DISCLOSURE AND TRANSFER OF INFORMATION

 

A.    Affiliated Businesses We Do Not Control. We may use third-party companies and individuals to perform functions on our behalf such as fulfilling orders, hosting, information storage, sending postal mail and email, removing repetitive information from customer lists, analyzing Information, providing marketing assistance and providing customer service. We will provide such entities with access to certain information they need to perform their functions, but we will take measures to ensure that they may not use the information for other purposes. We share information only as described above and only with third parties that are either subject to this Privacy Policy or to a privacy policy that is at least as protective as this Privacy Policy.

 

B.     Business Transfers. We may reorganize, get acquired or create subsidiaries. If we do, the information you provide may be transferred as a business asset. Said information will remain subject to any pre-existing privacy polices (unless you consent otherwise.) We may also provide your Order Information, Personal Information and non-personal information to other companies in the CGF family. You understand and agree that we reserve the right to transfer any information collected from you in the case of any such transfer.

C.    Legal. We disclose information to respond to subpoenas, court orders and other legal processes as well as to establish/exercise our legal rights or defend against legal claims. We will share Personal Information and Non-Personal Information in order to investigate, prevent or take action against illegal activities, suspected fraud, potential threats to the physical safety of any person, violations of our Terms of Use  or as otherwise required by law.

 

5.               EMAIL COMMUNICATIONS. We may use your email address to send you emails describing promotions or events. You may opt-out of receiving promotional emails by following the instructions in the email or by contacting us at info@cascadegamefoundry.com. Once CGF has processed your opt-out request, CGF will not send you further promotional emails unless you opt back in to receiving such communications. Whether you opt out of receiving promotional emails or not, CGF reserves the right to communicate with you via email with respect to important information, notices or changes relating to the Services.

 

6.               INFORMATION RETENTION. How long we store your Personal Information depends on why we originally collected it. We will not keep Personal Information for longer than necessary for our legitimate business purposes or to comply with legal requirements. If you would like your Personal Information deleted, please contact us at: info 'at' cascadegamefoundry 'dot' com

 

7.               THIRD PARTY TERMS AND CONDITIONS. Please note that your access to and use of the Services may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores and social networking services. You recognize and agree that CGF is not liable for any such third-party terms and conditions and any third party’s use of your Personal Information.

 

We may offer links to advertisements and/or enable you to access third-party products or services. While using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by us. We are not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them or any products or services they may offer. Links to products or services do not constitute sponsorship of, or affiliation with, those people or companies.

 

8.               SECURITY. The security of your Personal Information is important to us. We follow generally accepted industry standards to protect your information, both during transmission and once it is received. However, no security system is completely secure. Therefore, we cannot guarantee its absolute security. While no security system is completely secure, we take commercially-reasonable security measures to protect against unauthorized access or disclosure of the information collected, including but not limited to, ensuring that all Personal Information is disclosed only on a “need to know” basis.

 

9.               CHILDREN. We do not knowingly collect Personal Information from persons under the age of 13. If it comes to our attention that Personal Information has been collected from a person under the age of 13, we will delete this information. If you believe that we may have Personal Information from or about a child under the age of 13, please contact us at the email address below.

 

10.            FOR CUSTOMERS IN THE EUROPEAN UNION. If you are a European resident, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. You also have the right to receive a copy of the Personal Information we have about you. If you would like to exercise these rights, please contact us by emailing: info 'at' cascadegamefoundry 'dot' com

 

Additionally, if you are a European resident we note that we are processing your Personal Information in order to fulfill contracts we might have with you (for example if you make an order through the Sites), or otherwise to pursue our legitimate business interests, such as direct marketing, to prevent fraud, and to conduct analytics on the Sites. Please note that your information will be transferred outside of Europe, including to Canada and the United States. We rely on model contractual clauses and/or the Privacy Shield certification for such transfers.

 

If you believe your rights under the GDPR have been violated, you may file a complaint with the supervisory authority of your country of residence. For contact information for your supervisory authority, available at: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

 

11.            CONDITIONS OF USE/CHANGES TO THIS PRIVACY POLICY. We may change this Privacy Policy from time to time and your continued use of the Services constitutes acceptance of such changes.

 

12.            CONTACT. For more information about our privacy practices, if you have questions, or if you would like to make a compliant, please contact us by email at: info 'at' cascadegamefoundry 'dot' com or by mail at:

 

Cascade Game Foundry, Co.

15127 NE 24th Street, #15

Redmond WA 98052

 

 

 
 
 

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© 2021 Cascade Game Foundry, Corp. Infinite Scuba is a registered trademark
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Infinite Scuba™
END USER LICENSE AGREEMENT
Last Updated November 7, 2012

Thanks for checking out Infinite Scuba!  We are excited to have you dive into our underwater world.  We hope you have as much fun playing the game as we did making it.  Now here’s our EULA.

THIS GAME IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND CASCADE GAME FOUNDRY’S PRIVACY POLICIES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE GAME.

This software program, and any files that are delivered to you by Cascade Game Foundry Corporation ("CGF") (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and Manual (collectively the "Game") is the copyrighted work of CGF or its licensors. Any and all uses of the Game are governed by the terms of this End User License Agreement (the "Agreement"). The Game is distributed solely for use by authorized end users according to the terms of this Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited.
Limited Use License.  CGF grants, and you accept, a limited, non-exclusive license to (a) install the Game on one or more devices owned by you or under your legitimate control, and (b) use the Game for your non-commercial entertainment purposes only. All use of the Game is subject to this Agreement. This license is subject to the following limitations (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of CGF's copyrights in and to the Game.  You agree that you will not, under any circumstances:

  •  in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game and the Manuals for archival purposes only; 
  • use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience; 
  • exploit the Game or any of its parts for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of CGF; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game; 
  • modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by CGF; or 
  • sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

Eligibility. You represent that you are of legal age to form a binding contract (you must consult your parent or legal guardian if you are under the age of majority).

Ownership.  All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, wildlife, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by CGF. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. 

CGF owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any end user. CGF does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Game.

Termination.  This Agreement is effective until terminated. You may terminate this Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game from your hard drive; and (iii) notifying CGF of your intention to terminate this Agreement. CGF may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your hard drive. 

Export Controls.  The Game may not be re-exported, downloaded or otherwise exported into any country against which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

Patches and Updates. CGF may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game.

  • In-Game Purchases.  CGF may allow end users to complete in-Game purchases or transactions.  CGF may also use third-party payment processing services to facilitate these transactions.  All information that you provide in connection with a purchase or transaction or other monetary transaction interaction within the Game must be accurate, complete, and current.  You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction within the Game at the prices in effect when such charges are incurred.  You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. CGF’s use of any information collected through in-game purchases will be used in compliance with CGF’s Privacy Policies.

Third-Party Products and Services. Please note that your access to and use of the Game may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, advertisers, analytics providers, on-line gaming platforms and social networking services. CGF is not liable for any such third-party terms and conditions and any third party’s use of your personal information.  By accepting these terms you also accept the terms of our partners and third party vendors which may include, but are not limited to: Vindicia, Facebook, and Merchant E Solutions.

We may offer links to advertisements and/or enable you to access third-party products or services. While using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by us. We are not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them or any products or services they may offer. Links to products or services do not constitute sponsorship of, or affiliation with, those people or companies.

Warranty. THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGF EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION WITH RESPECT TO THE GAME. CGF DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

Limitation of Liability, Indemnity. NEITHER CGF NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER CGF NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME OR CGF.  CGF SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF THE GAME, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE GAME. IN NO EVENT WILL CGF BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Equitable Remedies.  If the terms of this Agreement are not specifically enforced, CGF will be irreparably damaged, and therefore you agree that CGF shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.

Changes to the Agreement. CGF reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement without notice.  CGF may provide such other notice as CGF may elect in its sole discretion. Your installation and use of any of CGF’s updates or modifications to the Game or your continued use of the Game will demonstrate your acceptance of any and all such changes. CGF may change, modify, suspend, or discontinue any aspect of the Game at any time. CGF may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. 

Governing Law. This Agreement will be governed by the laws of Washington State. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at CGF's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce.

Miscellaneous.  This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

You hereby acknowledge that you have read and understand the foregoing Agreement and agree that by clicking "Accept" or installing the Game you acknowledge and agree to be bound by the terms and conditions of this Agreement.

If you have any questions concerning this license, you may contact please enable javascript to view


 

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