Service Agreement & Data Handling Policies
This document was last updated on 29th Aug 2017
BY USING GTAEmblem AND / OR PURCHASING PRODUCTS OR SERVICES YOU AGREE TO THE FOLLOWING SERVICE AGREEMENT & DATA HANDLING POLICIES. IF YOU DO NOT AGREE TO THE SERVICE AGREEMENT AND/OR DATA HANDLING POLICIES, PLEASE LEAVE THE SITE IMMEDIATELY AND DO NOT REGISTER FOR AN ACCOUNT.
The term 'GTAEmblem' or 'us' or 'we' refers to www.gtaemblem.com and its staff and included associates. The term 'you', 'members', 'customers', or 'user(s)' refers to the user or viewer of our website (www.gtaemblem.com). The term 'data', dependent on its context, may refer to emblem uploads, both user generated content and images, profile / account information, forum posts, etc.. The term 'User Generated Content' or 'UGC' refers to content (data in any form, including but not limited to images) supplied by any user/member of the GTAEmblem website.
This Service Agreement ("Terms") and Data Handling Policies govern the access or use by you, an individual, internationally with its possessions of applications, websites, content, products, and services (the "Services") made available internationally by Zero's Modification Service USA, LLC and its subsidiaries and affiliates (collectively, "GTAEmblem"). PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this document, the words "including" and "include" mean "including, but not limited to."
Use of this website and/or services is subject to the following service agreement and data handling policies:
1.1 - Data Handling
GTAEmblem utilizes a service, allowing customers ("users") or ("members") to register their details with us, in order to open an account. We collect and store the following data:
1.2 - Virtual Currency & Transactions
Your username is a chosen nickname used to identify your account. As this is not considered to be sensitive data, our data handling policies do not protect this information from public view.
Your password is a private phrase used to secure your account. In accordance with our data handling policies, a password is considered confidential, encrypted and never disclosed to the public.
- Date of Birth
Your Date of Birth is stored for account verification purposes. In accordance with our data handling policies, a Date of Birth is considered confidential and is not disclosed to the public without prior consent.
- Email Address
Your email address is stored for account verification purposes. In accordance with our data handling policies, an email address is considered confidential and is not disclosed to the public without prior consent.
- Connection History & Service Data
Your account's connection histories and service data are stored for security purposes. In accordance with our data handling policies, Connection History & Service Data is considered internal and is never disclosed to the public.
GTAEmblem is based on a chargeable service model and respectively charges for the use of its main services and features.
Virtual currency used by GTAEmblem to upload emblem images to the Social Club are called "Credits", "Upload Credits" or a member's (or your) "balance".
You understand and accept that the transfer, exchange or refunding of purchased virtual currency, will be performed at the discretion of GTAEmblem Staff. All purchases are considered final unless otherwise specified. Any refund processed may result in a fee of up to 10% of the original purchase amount.
You understand and accept that we reserve the right, where deemed necessary, to forfeit; amend or otherwise revoke purchased virtual currency.
You understand and accept that opening a dispute or performing a chargeback, without exercising our standard system of resolution, could result in the suspension, limitation, or termination of your GTAEmblem account.
You understand and accept that performing an unauthorized transaction, or reporting an unauthorized transaction, will forfeit our standard data handling policies and all data relevant to the case will be referred to the payment provider PayPal
and law enforcement agencies upon request.
1.3 - Promotional Offers
At the sole discretion of GTAEmblem, promotional offers are released on a periodic basis to provide an incentive to maintaining or opening an account. A promotional offer can be issued in the form of a discount code or redeemable voucher worth a value of virtual currency.
You understand and accept that a promotional offer, including all services consumed with it, are not eligible for customer support or reimbursement.
You understand and accept that we reserve the right to refuse a promotional offer, where deemed necessary, without prior notice or reasoning.
1.4 - User Generated Content
GTAEmblem is built on a network of User Generated Content, uploaded by our customers. In order to maintain a reliable and efficient service, we actively monitor and sweep User Generated Content to remove and separate inactive or incompatible data. The Emblem Upload Service is the core element of User Generated Content.
You understand and accept the following material is prohibited from GTAEmblem:
- Extreme Violence
- Graphic Blood / Gore
- Copyrighted or Trademarked
- Racist / Offensive
- Explicit Drugs or Alcohol
- Inappropriate or Explicit Language
- Unauthorized Use of Crew Artwork
- Pornographic Content
Please note; this list of prohibited material applies to both animated and unanimated content.
You understand and accept, that customers found uploading; distributing; featuring or otherwise handling prohibited content on or linked to GTAEmblem could face a limitation; restriction or permanent account ban.
You understand and accept, that we are not liable nor responsible to protect; preserve or otherwise secure uploaded User Generated Content on GTAEmblem. You also understand and accept that we do not provide nor enforce mechanisms to prevent the copying of or re-distribution of User Generated Content.
You understand and accept, that failure to comply with this section of the Service Agreement could, at our discretion, result in the forfeiture; reduction or restriction of access to available Virtual Currency.
1.5 - Maintenance and Outage
On either scheduled or unscheduled occasions, access to GTAEmblem could become hindered or otherwise unavailable for a specified or unspecified time period.
You understand and accept, that we reserve the right to maintain or otherwise undergo a maintenance period or outage for a maximum period of 30 days without the right to a refund for unconsumed Virtual Currency.
You understand and accept, that we are not required to provide a form of notification or announcement of a maintenance period of outage for a maximum period of 14 days.
You understand and accept, that changes to GTAEmblem made via a maintenance period or outage are not disclosed, unless otherwise provided through our official social media or Newsfeed.
1.6 - Emblem Upload Service
GTAEmblem has the Emblem Upload Service as its main comportment. This service permits the management, handling and uploading of User Generated Content to the Rockstar Games - Social Club.
You understand and accept, that we reserve the right to refuse access to the Emblem Upload Service, where deemed necessary, in the interests of abuse prevention; security; maintenance and efficiency.
You understand and accept, that full compliance with Section 1.4 of the Service Agreement must be adhered to, in order to maintain access to the Emblem Upload Service.
You understand and accept, that issues triggered or otherwise caused by uploaded User Generated Content are not the responsibility of GTAEmblem. You also understand and accept, that we reserve the right to refuse customer support regarding issues directly caused by uploaded User Generated Content.
You understand and accept that the following use of the Emblem Upload Service is prohibited:
- Commercial Use
- Violating Intellectual Property Rights
- Sharing or Selling Access
You understand and accept that customers found performing the above use, including abusing; re-distributing; selling access to or reverse engineering the Emblem Upload Service could face a restriction; limitation or permanent account ban.
1.7 - Rockstar Games - Social Club
GTAEmblem is not endorsed, approved, or otherwise supported by ROCKSTAR GAMES / TAKE 2 INTERACTIVE. "Grand Theft Auto", "Grand Theft Auto: Online", "Rockstar Games Social Club", "Max Payne" and other trademarks are property of their respective owners.
You understand and accept, that we are not responsible nor liable for enforcement action taken towards a Social Club account or crew by Rockstar Games or its partners as a result of using GTAEmblem. You also understand and accept that Rockstar Games cannot provide assistance nor endorsement regarding the use of GTAEmblem.
1.8 - Right of Access
GTAEmblem is available internationally across the Internet. Generally, we do not have age-specific limitations in place nor do we limit or discriminate based on country of connection. GTAEmblem is available officially in English and we do not provide additional translations.
You understand and accept, that we reserve the right, where necessary, to limit; hinder; restrict or otherwise prohibit access to GTAEmblem. You also understand and accept, that we reserve the right to collect and store connection information of our registered and unregistered visitors on an indefinite basis.
You understand and accept, that we reserve the right to use measures, where necessary, to limit; hinder; restrict or otherwise prohibit access to GTAEmblem using IP blacklisting; computer identification; statistical analysis and information cross-referencing.
You understand and accept, that we are not obligated nor compelled to reinstate limited; hindered; restricted or otherwise prohibited access to GTAEmblem on a permanent basis.
1.9 - Logging & Abuse Prevention
GTAEmblem has numerous processes in place to record; analyse and store log data generated from registering with or using GTAEmblem. We use such information to provide our services, ensure maximum security and provide efficiency to all of our customers.
You understand and accept, that we will record; analyse and store log data generated from your registration or use of GTAEmblem. You understand and accept, that we reserve the right to store such data indefinitely.
You understand and accept, that we reserve the right, where necessary, to use your compiled log data in the aid of an investigation, whether internally or externally. You also understand and accept, that excluding password data, we reserve the right to use both log data and account data as evidence to an authorized law enforcement agency irrespective of our data handling policies.
In the interests of abuse prevention, we reserve the right to perform the following:
1.10 - Authorized Data Request & Subpoena
- Retain Log Data Indefinitely
- Cross-Reference Log Data (Internally or Externally)
- Transfer Log Data to Authorized Law Enforcement Agencies
When we receive a subpoena or other form of authorized request for data, we will comply with such requests on an international basis.
You understand and accept, that we cannot comply with our data handling policies during an authorized data request, excluding password data. You also understand and accept, that we are not legally obliged nor liable to provide notification to the affected customer during an authorized data request.
We reserve the right to provide the following retained log data in response to an authorized data request:
1.11 - Data Handling
- Email Address
- Date of Birth
- GTAEmblem Username
- Connection Histories
- Service Usage Histories
- User Generated Content
- Transaction Histories
- PayPal Transaction Data (Partially Encrypted)
All of the data which we outline to be private (detailed in Section 1.1) is handled in accordance with the United States' Data Protection Act. Your private data is used for internal purposes and is never transferred from our network to an external server without direct notice and consent.
Please refer to Section 1.1 for detailed information regarding the information collected during account registration and how it is used. For information regarding removal of information, or account deletion, please refer to Section 1.15.
1.12 - Service Limitation & Regulation
The network is designed to balance the availability of services to all customers on a fair and equal basis. In order to maintain such excellent standards, we impose additional restrictions on the usage of the Emblem Upload Service.
You understand and accept that we reserve the right, where deemed necessary, to; cap, restrict or otherwise hinder usage and availability of all services on the network without prior notice or consent. You also understand and accept that all usage is monitored, recorded and analysed for both security purposes and general service analytics.
To provide a fair service for all members and to prevent abuse - The Fair Usage Policy (FUP) may be activated or deactivated at any time. The Fair Usage Policy implements a restriction on the number of uploads (or upload requests) that may be process from any individual account in a single month. If the maximum number of upload requests are made from an individual account in a single month, the account will be unable to upload emblems until the next month. The number of monthly uploads made is reset on the first of each month. GTAEmblem Staff reserves the right to activate/deactivate this feature or change any account FUP restriction at any time regardless of account status.
1.13 - Community Forum
The network may utilize a community forum for various purposes relating to all services offered. Forum software powered via phpBB (tailored for additional security and functionality). Internal information, both private and public, are tied together in order to provide a seamless and effortless experience with using the forum.
You understand and accept that the Service Agreement document applies to all areas of the forum. You also understand and accept that internal data, both private and public, are tied together with the same data handling principles and security.
1.14 - Emblem Locker
The network utilizes a User Generated Content storage facility. In tandem of manual storage, customers can choose to upload their content for future use. The Emblem Locker is provided free of charge.
As further outlined in Section 1.18, the storage of User Generated Content is provided as an incentive. You understand and accept, that we do not hold the responsibility for the prevention of unauthorized copying of all uploaded User Generated Content. You also understand and accept that uploaded content may be reviewed, voided or permanently deleted if deemed necessary.
All use of the Emblem Locker, in accordance with the Emblem Locker Service, is governed under the conditions outlined in the Service Agreement and all other related service policies.
1.15 - Data Removal & Account Deletion
The network stores information registered with us, in order to provide functionality to customers. You can request removal of certain information through account deletion via our customer support service.
You understand and accept, that we are not liable to process a removal of data or account deletion whilst an account is under review or when certain restrictions are placed for the purposes of abuse prevention.
You understand and accept, that we will retain certain data after account deletion, including but not limited to; IP histories, session logs and information which can be used to identify your future presence on our network.
You understand and accept, that account deletion and data removal does not re-permit access to the network after a permanent revoke of access is placed ("permanent ban") - we will use retained data to prevent and detect circumvent of action(s) taken for violating offences.
1.16 - Use of Downloadable Software
The use of downloadable software from the official GTAEmblem publishers are made available in accordance with the Service Agreement. All use of official software are governed and covered under this network and its related service policies.
There is currently no official software published by GTAEmblem. These conditions will be updated in the future to reflect the potential release of official companion software.
1.17 - Service Contest & Giveaway
By default, registered customers of the GTAEmblem website (www.gtaemblem.com) are entitled to view, participate and potentially win all contest and giveaway promotions.
You understand and accept, by submitting an entry into any contest or giveaway offered by GTAEmblem, you are acting in full compliance with all service policies and the Service Agreement. Unless otherwise advertised, no paid order is required for entry.
Unless otherwise advertised, there is no guarantee, support or warranty offered for any contest & giveaway promotion, including the prize offered. Each entitled customer may enter such promotions one (1) time.
You understand and accept, that customers found exploiting or however manipulating any contest or giveaway promotion will be removed without notice - with additional action at the discretion of GTAEmblem. You also understand and accept that we reserve the right to remove or deny promotion entries if deemed necessary.
Unless otherwise advertised, prizes for contest & giveaway promotions are digitally delivered. In the event of a specific prize being unavailable upon winning a promotion, the entitlement will be recorded, placed on hold and issued at a later date or replaced with a prize of the same or similar value.
GTAEmblem is not responsible for the operation or use of any prize item. You understand and accept that GTAEmblem may not be affiliated with the prize manufacturer / handler and cannot provide support, troubleshooting, or warranty information.
1.18 - Image Storage
The network is designed to store, within limits, User Generated Content for the purposes of ease-of-access and the Emblem Locker service.
The storage of imagery is provided as an incentive of the Emblem Upload Service. When deemed necessary, stored User Generated Content may be permanently removed or audited.
You understand and accept that the network is not a permanent image hosting / permanent image storing facility. You also understand and accept that we reserve the right, when deemed necessary, to remove stored imagery without prior notice. For the purposes of abuse-prevention, imagery stored on our network is reviewed on a random basis.
The network proactively, and without prior notice, permanently discards stored imagery uploaded from inactive or otherwise valueless registered account(s). You understand and accept that discarded or voided stored imagery will not be recovered under any circumstances.
The storage of prohibited imagery, detailed in Section 1.4, will be voided from visibility on the network and action(s) may be taken against the originating offender.
1.19 - Upload Order Reviewing Procedure
In order to provide a fair, safeguarded and regulated service for all customers, our automated systems may hold an upload order for further review.
Using a combination of analysis and risk assessing, upload orders are usually held due to either a lack of legitimate usage history, past enforcement action or a general security risk to the network. You understand and accept, that we reserve the right to hold, without an exact time limit, any upload order where flagged for review.
All upload order reviews are typically completed within 2-72 hours. If an upload order is deemed uncompleted due to a technical factor, it will be reversed and all used credit(s) will be returned. In the event of an attempted violation of related service policies and the Service Agreement, the upload order will be cancelled and all used credit(s) will be voided as a penalty.
1.20 - "Supporter" Defined
A "GTAEmblem Supporter" or "Supporter" is a member of the GTAEmblem Website (www.gtaemblem.com) that has made any purchase / contribution (Upload Credits, Premium Emblems, Donations, etc.) to the GTAEmblem Upload Service. "Supporters" do not require approval to process emblem image uploads to their Social Club crew. "Supporters" receive priority techical assistance over other members. "Supporters" are also able to use the "GTAEmblem Upload Credit Sharing System". GTAEmblem staff reserve the right to remove "Supporter" status from any account for any reason.
1.21 - Credit Sharing System
GTAEmblem is currently testing the use of a "Upload Credit Sharing System". This system allows Supporters (see sec. 1.20) to share Upload Credits between other GTAEmblem Members. By utilizing this feature - you do so at your own risk. GTAEmblem is not responsible for credits sent using this feature. Once a gift transaction has been started there are no returns and the process cannot be reversed. Members who have purchased the Unlimited Pass may not share Upload Credits from an "Unlimited Balance". GTAEmblem staff reserve the right to restrict access, monitor, and provide limitations to this feature as seen fit.
1.22 - Inactive Accounts
From time to time GTAEmblem staff may perform server maintenance that includes pruning our databases of expired / inactive accounts (typically those who have never been activated or accessed in an extensive time period). GTAEmblem is not responsible for lost data as the result of the termination of your account due to inactivity or expiration.
1.23 - Dynamic Changes to the Service Agreement
You are responsible for keeping up-to-date with the conditions set in this document. By registering for an account on this network, you are automatically accepting the conditions set in this document. This document will be used in all legal cases.
The English text of this document constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into another language, the English text shall prevail.