Contents

• Terms & Conditions
• Privacy Policy
• UGC Policy
• Fan Content Policy
• Accessibility

TERMS & CONDITIONS

Welcome to the FaZe Clan Site (the “Site”). The Site is operated by FaZe Clan Inc. (the “Company,” “we,” or “us”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these Terms of Service. Company may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services (as defined below) once they are posted.1 Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Services at any time

These Terms of Service govern your access and use of the Site and all content, Services and/or products provided through the Site. Please read these Terms of Service carefully before using the Site or acquiring any content, Services and/or products. If you violate any of these Terms of Service (which include by reference the Company’s Privacy Policy , or otherwise violate an agreement between you and us, the Company may terminate your registration, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in its sole discretion, with or without notice.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

As used herein, “User” or “Users” means anyone who accesses and/or uses the Site.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “ARBITRATION” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN US AND ANY USER WHO RESIDES IN THE UNITED STATES.IT DOES NOT ALLOW JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND INVOLVING ANY USER WHO RESIDES IN THE UNITED STATES.

1. DESCRIPTION OF THE SERVICES

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and allows Users to purchase such products through the Site and provides other services (collectively, the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy .

2. ACCOUNTS AND COLLECTION OF CUSTOMER DATA

If you wish to purchase products from the Site or obtain information regarding the Services, you may be required to open an account with us (your “Account”), and we or our e-commerce provider will in any event obtain contact and payment information from you (“Customer Data”). Certain payment options may direct you away from the Site to a third party site.

When creating your Account, you will be required to select a username, password and potentially other identifying information to control access to your Account (“Access Credentials”). You agree by opening your Account or providing Customer Data: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of your Access Credentials; (vi) to ensure that you properly exit from your Account at the end of each session and to immediately notify Company of any unauthorized use of your Account or any other breach of security; and (vii) to take full responsibility for all activities that occur under your Account.

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your Customer Data, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company’s performance of the Services for you.

3. ELIGIBILITY

This Site and the Services are intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of or access to the Site by anyone who is not over the age of majority is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are over the age of majority and that you agree to abide by these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, the Company may terminate your Account and delete any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion. You agree that the Company will not be liable to you or any third party for any termination of your Account.

4. PROPRIETARY RIGHTS

Company retains all right, title and interest in and to the Site, the Services and all products that we sell or otherwise make available, as well as all data, information, content and materials provided on the Services. Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to such Services or any related products. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise.

5. CONTENT OF SITE AND PRODUCTS

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. Prices and descriptions for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

Certain products may be available in limited quantities. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Site, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time.

We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. RETURNS POLICY AND CANCELLATION POLICY

All sales are final. We do not accept returns unless the item is faulty. In the unlikely event of a faulty item, please contact customer support at [email protected]. We do not provide credit unless otherwise specified.

Once an order has been placed, we do not allow cancellations. All orders are final.

7. CONTENT SUBMITTED BY USERS

By providing information through the Site or social media links on the Site, including any photographs, videos, comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any other person.

You grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to create derivative works based upon your Submissions and to copy, distribute, publicly display, publicly perform, use, disclose, import and otherwise exploit your Submission or any such derivative work, and to assign or otherwise transfer such license or otherwise authorize others to do any of the foregoing, without notice or obligation to you. You further acknowledge that any Submission will not be returned or kept confidential; that the Company is not obligated to use or pay you for the Submission; that the Company may publish the Submission in perpetuity in all markets worldwide and in any and all media now know or hereafter discovered, including the Site; that the Company may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s Intellectual Property or these Terms of Service; that the Submission may be edited for length, clarity and/or functionality; and that your Submission may be shared with legal authorities if the Company believes it is warranted or pursuant to a verified request.

You acknowledge that any information you disclose in a Submission may be publicly available and that you should exercise caution in deciding whether to include any personal, financial or other sensitive information in any Submission. If you choose to include any of your personally identifiable or other information in a Submission, you do so at your own risk.

You acknowledge that we cannot prevent other visitors to the Site from using Submissions and personal information disclosed in any Submissions, even if their use of that information violates the law or your personal privacy or safety. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and we will not be liable for any use or disclosure of any Submissions.

When viewing or responding to any Submissions, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information contained in Submissions may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. We are in no way responsible for the content or accuracy of any information in any Submission and will not be responsible or liable in any way for or in connection with any decisions you make or actions that you take or forego based on such information.

You acknowledge and agree that a Submission is not an effective way to provide us notices or otherwise communicate with us and that we shall not be deemed for any purpose to have knowledge of any information in any Submission.

8. NFT drops

1. We may from time to time offer to issue to you, or offer you the opportunity to mint (i.e., publish on a supported digital ledger of transactions that is duplicated and distributed on a network of computer systems, commonly known as a blockchain), NFTs. “NFT” means a one-of-a-kind, non-fungible, cryptographic token for which there is no copy or substitute and that is linked to and represents a particular copy of an item of digital content, including, but not limited to, a particular digital copy of any textual work, audiovisual work, motion picture, photograph, other image or musical or other sound recording (such digital content, the “Associated Content”). The issuance of any NFT to you or minting of any NFT by you (collectively, an “NFT Drop”), would be recorded on a blockchain.

2. Our NFT Drops may involve the promotion of the products or services of third parties (our “NFT Partners”). We do not endorse or make any guarantees regarding any products or services of any NFT Partners and will have no liability or obligation to you in connection with any of those products or services, your purchase of those products or services, or any defects in or failures of those products or services.

3. In order to obtain or mint any NFT, you may be required to provide us personal information (in addition to any information that you provided when you opened your Account) and will be required to agree to be bound by terms of service that are specific to such NFT (the “NFT-Specific Terms”). NFT-Specific Terms will be deemed to be incorporated into and to become a part of these Terms of Service, subject to all of the conditions and restrictions set forth in these Terms of Service. In the event of any conflict between any NFT-Specific Terms and these Terms of Service, the NFT-Specific Terms will control with respect to the applicable NFT only.

4. We work with one or more third parties (each, a “Platform Provider”) to provide you a platform (including but not limited to an electronic wallet) for receiving or minting, storing, viewing and publicly displaying or performing your NFT and Associated Content. You acknowledge and understand that you may be required to provide additional personal information to Platform Provider, subject to Platform Provider’s privacy policy, and that you may be required to accept Platform Provider’s terms of use or other agreement under which it makes services available to you (the “Platform Provider Terms”). As between you and us, your use of the Platform Provider services will be at your sole risk. We make no guarantees regarding Platform Provider’s services and shall have no liability or obligation in connection with such services or in connection with any defect or failure relating to such services. Further, you alone are responsible for reading and understanding the Platform Provider Terms and for complying with those terms. If there is any conflict between the Platform Provider Terms and these Terms of Service (including the NFT-Specific Terms), you will nevertheless be responsible for complying with both.

5. An NFT is distinct from the Associated Content to which it is linked. The fact that you may purchase, otherwise obtain or mint an NFT does not mean, in and of itself, that you own or have any rights under any intellectual property rights, rights of publicity or other rights in or relating to any Associated Content. Thus, your duplication, distribution, public display, public performance or use of, or other activity relating to, any Associated Content without a license or other permission from the holder(s) of those rights may infringe or otherwise violate those rights. Such a license may be granted to you with respect to any particular NFT in the applicable NFT-Specific Terms. If no such license is granted to you in the applicable NFT-Specific Terms, then, except to the extent otherwise provided in such NFT-Specific Terms, we will grant you a nonexclusive, royalty-free, non-transferrable (except as may otherwise be provided in the applicable NFT-Specific Terms) license under the copyright (if any) in the Associated Content, with no right to grant sublicenses, to (i) publicly display the Associated Content for personal, non-commercial purposes only and (ii) to copy the Associated Content solely as reasonably necessary to facilitate its authorized public display; provided that no such display may be associated with any content, materials or activities that disparages any person or group, including, but not limited to, on the basis of race, religion, national origin, gender, sexual orientation or sexual identity, or that is unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, as determined by us or our NFT Partners in our or their sole discretion.

6. The foregoing license with respect to any particular item of Associated Artwork will continue for so long as you continue to own the applicable NFT (i.e., until such time as you burn the NFT or transfer it on the applicable blockchain); provided that your license to publicly display any Associated Artwork will automatically terminate, without notice, if you breach any provision of these Terms of Service (including any provisions of the applicable NFT-Specific Terms). You understand that continuing to display or perform the Associated Artwork after your license terminates may be copyright infringement, which may subject you to substantial liability, and would in any event violate these Terms of Service. Further, you understand that no right or license is granted under any trademark or service mark, and that any display or performance of any Associated Artwork in a manner that suggests or implies that we, any NFT Partner or any other third party is the source or origin of any goods or services or that we, any NFT Partner or any other third party endorses, sponsors or certifies any goods or services, may constitute trademark infringement, which may subject you to substantial liability, and would in any event violate these Terms of Service.

7. We make no representation or warranty regarding the intellectual property or other rights in any NFT or Associated Content and will have no liability or obligation to you whatsoever if your receipt, duplication, distribution, public display, public performance or other use of or activity relating to any such NFT or any Associated Content defames or infringes or otherwise violates any intellectual property, right of publicity or other right of any person. You may transfer your NFTs using any compatible third-party exchange (such as Opensea) or using any other third-party service. Once you transfer your NFT, you may no longer have access to any associated rights or benefits that may be described in the applicable NFT-Specific Terms or that we or any NFT Partner may make available in our or their sole discretion. Except as otherwise specified in the applicable NFT-Specific Terms, the extent to which any transferee of your NFT succeeds to any such rights or benefits will be determined by us or the applicable NFT Partner in our or their sole discretion. You acknowledge and agree that any sale or other transfer of any of your NFTs would occur outside and independently of us or our services, that we are in no way involved in any such sale or other transfer, and that neither we nor any Platform Provider nor any NFT Partner will have any liability or obligation to you in connection with any such sale or other transfer. You acknowledge that any license granted to display or perform any Associated Content for non-commercial purposes does not include the right to display or perform in connection with the marketing or promotion of your NFT for sale or other transfer, and that we grant you no right or license to use any of our intellectual property, including, but not limited to, our trademarks or other branding, in any way or for any purpose, including, but not limited to, in connection with any sale or other transfer of your NFT. You will indemnify and hold harmless us, our NFT Partners and our and their respective employees, contractors, agents, representatives, vendors, licensors and service providers from any claim, loss, liability, damage, cost or expense (including but not limited to reasonable attorneys’ fees) arising out of or in connection with any sale or other transfer of any of your NFTs.

8. You acknowledge and agree that (1) an NFT is not a medium of exchange and is not convertible virtual currency; (2) any NFT that you receive in connection with any NFT Drop will have no inherent monetary value whatsoever; (3) there is substantial uncertainty as to the regulatory classification of NFTs and other digital assets under applicable law; and (4) application of new or existing laws to NFTs by regulators or others present risks which could adversely affect any value or utility of your NFTs. You further acknowledge and agree that there are inherent risks associated with NFTs. These risks include, but are not limited to, the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your digital wallet via cyberattacks or otherwise. Further, transfers of NFTs are, as a rule, irreversible. Consequently, losses due to fraudulent or accidental transfers are generally not recoverable. Thus, it is possible that, through computer or human error, or through theft or fraud, your NFTs may be lost, corrupted, damaged or stolen or become inaccessible. We will not have any liability of any type or nature arising out of or relating to the loss, corruption or theft of or damage to your NFTs.

9. Prohibited Conduct

You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. Without limiting the foregoing, you may not:

• use the Site or any Service in any manner that could damage, disable, overburden, or impair the Site or any Service, or interfere with any other party’s use and enjoyment of the Site or any Service;
• attempt to gain unauthorized access to the Site, any Service, or the computer systems or networks connected to the Site or any Service through hacking, password mining or any other means;
• create user accounts by automated means or under false or fraudulent pretenses;
• transmit any viruses, worms, defects, Trojan horses, other malware or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
• upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• run Mail list, Listserv, or any form of auto-responder or “spam” on the Service;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
• download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties;
• use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• share or disclose with anyone any information obtained through the Service about any investment offerings; or
• use the Service for any commercial purpose whatsoever other than for your personal use.

10. Linked Sites

The Site may contain links to other Internet sites, applications and resources. Links found on the Site may let Users leave the Site and go to sites operated by parties other than the Company, including sites for payment for Services or products. Company does not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such sites, applications or resources. The linked sites are not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy . You should carefully review their privacy statements and other conditions of use.

11. Disclaimers

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

COMPANY PROVIDES THE SITE, THE SERVICES AND ALL PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT THESE TERMS, FIRST USE THE APPLICABLE SERVICES OR FIRST OBTAIN THE APPLICABLE PRODUCT, AS THE CASE MAY BE, AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW.

Company makes no representation or warranty that (i) the Site, the Services or any product that you obtain from us will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable or (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications network disruptions. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

While we have endeavored to create a secure and reliable Site, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of any User, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site or any Services may be temporarily unavailable from time to time for maintenance or other reasons.

Some jurisdictions do not permit the disclaimer of implied warranties or limitations on how long an implied warranty lasts; therefore, some or all of the provisions of this section may not apply to you.

12. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, PRODUCTS OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR YOUR COMPANY FOR THE SERVICES AND PRODUCTS PURCHASED HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100.

13. INDEMNITY

You agree to defend and indemnify Company and its affiliates, together with their respective employees, agents, directors, officers and shareholders, and to hold them harmless, from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site, the Services or any products you obtain from us, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Services or any such products.

14. Termination

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associated with your use of the Site. In the event of termination, the Company has no further obligations to you.

15. FEEDBACK

We welcome questions, comments and other feedback about these Terms of Service, the Services and any products that you obtain from us, including ideas, proposals, suggestions or other materials (“Feedback”). However, you acknowledge and agree that we will treat all Feedback as non-confidential, and you hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to create derivative works based upon any of your Feedback and to reproduce, publicly display, publicly perform, use, commercialize, disclose, import and distribute such Feedback and derivative works in any way and for any purpose, and to assign or otherwise transfer such license or otherwise authorize others to do any of the foregoing, without notice or obligation to you. You further acknowledge and agree that your provision of Feedback is gratuitous, unsolicited and without restrictions, and does not place us under any fiduciary or other obligation.

16. INFORMAL DISPUTE RESOLUTION

We want to address any concerns that you may have without the need for a formal dispute resolution process. Before commencing arbitration against us, you agree to try to resolve the Dispute (as defined below) informally by contacting us in writing at 720 N. Cahuenga Blvd., Los Angeles, CA 90038, Attn: Legal Department, or via e-mail at [email protected], to notify us of the actual or potential Dispute. Similarly, we will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) your name (to the extent known), the Notifying Party’s contact information for any communications relating to such Dispute (including for the Notifying Party’s legal counsel if it is represented by counsel in connection with such Dispute), and sufficient details regarding such Dispute to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.

17. ARBITRATION

Please read this provision very carefully.

This agreement to arbitrate in this Section 17 applies to you only if your Country of Residence is the United States. “Country of Residence” for purposes of this agreement to arbitrate means the country in which you hold citizenship or legal permanent residence; provided that if you have more than one country of citizenship or legal permanent residence, it shall be the country in which you hold citizenship or legal permanent residence with which you most closely are associated by permanent or most frequent residence.

You and we agree that any and all past, present and future disputes, controversies, claims, or causes of action arising out of or relating to your use of any Service or the Site, your purchase or use of any products, or arising out of or relating to these Terms of Service, our Privacy Policy or your Account, and any other controversies or disputes between you and us (including disputes regarding the effectiveness, scope, validity or enforceability of this agreement to arbitrate) (collectively, “Dispute(s)”), shall be determined by arbitration, unless (A) you opt out as provided below or (B) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and we further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction.

If notwithstanding the Notifying Party’s compliance with all of its obligations under Section 16 relating to the informal resolution of Disputes, a Dispute is not resolved within 30 days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Terms of Service, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such Dispute.

Unless you opt out of this agreement to arbitrate as provided below, you and we each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, subject to the exceptions set forth below.

If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to us at 720 N. Cahuenga Blvd., Los Angeles, CA 90038 or via e-mail at [email protected], within thirty (30) days of the first time you accept these Terms of Service (or any prior version of these Terms of Service) or, if earlier, your first use the Service. You must date the notice and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration. If no notice is submitted in the manner described above by the 30-day deadline, you will have irrevocably waived your right to litigate any Dispute except with regard to the exceptions set forth below. By opting out of the agreement to arbitrate, you will not be precluded from using the Site or any Services, but you and we will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

You and we agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit, other than remedies that you effectively waived pursuant to these Terms. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other of our customers or users, as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. In that event, each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as may be and to the extent otherwise required by law, the arbitration proceeding and any award shall be confidential.

You and we further agree that the arbitration will be held in the English language in Los Angeles, California, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If we elect arbitration, we shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided herein or required by law. This agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act (U.S. Code Article 9), notwithstanding any other choice of law set out in these Terms.

You and we agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor we may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against us will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

To the maximum extent permitted by applicable law, neither you nor we shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities with any Disputes, or to arbitrate or litigate any Dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived. Without limiting the foregoing, any challenge to the validity of this paragraph or otherwise relating to the prohibition of Collective Arbitration shall be determined exclusively by the arbitrator.

Notwithstanding the agreement between you and us to arbitrate Disputes, you and we each may assert claims, if they qualify, through the small claims process in any courts having jurisdiction. Further, except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and we agree that any judicial proceeding may only be brought as provided in Section 20.

This agreement to arbitrate shall survive the termination or expiration of these Terms of Service. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. If a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of these Terms not specifically related to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph.

18. IMPORTANT NOTE TO NEW JERSEY CONSUMERS

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify us and the other indemnified parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

19. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service. For clarity, you remain obligated to arbitrate your Dispute in accordance with these Terms if your complaint is not resolved.

20. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Site and the Services or your purchase of any products and supersedes all prior and contemporaneous agreements between you and Company. Except as otherwise provided in Section 17 with respect to Collective Arbitration, if any of the provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 10-21 shall survive any termination of these Terms of Service.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation and enforcement of this Agreement shall be the laws of the State of California, and applicable federal law (including the Federal Arbitration Act (U.S. Code Title 9)), without regard to any conflict of law provisions. Subject to Section 17, you and we each agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California; provided that, notwithstanding the foregoing, either party may bring any action to enforce its intellectual property rights or confirm an arbitral award in any court or administrative agency having jurisdiction.

21. Assignment.

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service.

For any questions or comments, or to report violations of this agreement, including receipt of spam from a User, contact the Company at: [email protected] with “Terms of Service” in the subject line of your email.

PRIVACY POLICY

FaZe Clan – July 2022

FaZe Clan Inc. (“FaZe Clan”) respects the sensitive nature of any personal information you provide to us. We have created this Privacy Policy in order to demonstrate our commitment to the privacy of those who visit our websites, including www.fazeclan.com and shop.fazeclan.com, or our apps (each a “Site” and together the “Sites”) or otherwise use our services. This Privacy Policy describes our online information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and our e-commerce providers. By accessing and using a Site, you acknowledge you have read and understood the information in this Privacy Policy and, if applicable in your jurisdiction, you consent to the collection, use and disclosure of information through the Site as described in this Privacy Policy.

The information in this Privacy Policy is generally intended to apply to all visitors and users of our Sites. However, certain sections only apply to certain individuals.

In this respect, California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

Further, residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), and of the United Kingdom and Switzerland, should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

Finally, residents of other countries outside the United States should consult the sections of this policy relating to “International Data Transfers.”

WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT?

FaZe Clan collects personal data about you when you visit a Site. “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, phone number or other information about you. The majority of such Personal Information is collected when you register with a Site, use our services or purchase products offered through a Site (collectively, the “Services”), subscribe to updates, sign up for our mailing list or otherwise provide us with your contact information. Some of this Personal Information will be required if you wish to partake in the Services that we provide, including making purchases of products through the Site.

We do not sell your Personal Information to anyone. We use your Personal Information only for purposes of operating the Sites, providing the Services, and as further detailed below. Notwithstanding any of the below, we will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the California Consumer Protection Act (“CCPA”) and the General Data Protection Regulation (“GDPR”).

We do not collect the following categories of Personal Information, as defined under the CCPA, through our Site: biometric information; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional or work-related information; education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99); or inferences drawn from other Personal Information.

Under the California Privacy Rights Act (“CPRA”), businesses are required to provide details regarding the collection of any sensitive personal information. We do not collect any sensitive personal information as that term is defined under the CPRA.

To perform our Services

We use your Personal information to make our Services available to your through our Sites, including to enable you to log in to the Site and to fulfil your orders. Such Personal Information may include your name, contact details such as email address, and payment information if you are making a purchase. It may also include Personal Information that is automatically collected about you, please see further details below.

As part of our Services, you can make purchases through certain of our Sites. The store on our Site is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to provide Services to you, including the purchase of our Products. When you make a purchase, your Personal Information is stored through Shopify’s data store, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For further information, please consult Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Privacy Policy.

To communicate with you

We use your Personal Information, such as your name and email address, to send you information about our Services, to respond to you when you contact us, to contact you regarding your purchases or to solicit your feedback, as a part of secondary fraud protection, and other information.

If you provided us with an email address, we may also send newsletters, surveys, special offers, and other promotional materials related to our Services and for other marketing purposes. Depending on your location, we may ask for your consent to receive such communications. For all users, you may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.

If you purchase Services from us, we may send you communications regarding such purchases. We may also send communications providing customer support or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails.

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Privacy Policy or the Terms of Use. Generally, you may not opt out of such emails.

Personal Information Collected Automatically Through Cookies

FaZe Clan and certain permitted third parties may send one or more “cookies”, or similar tracking technologies such as web beacons, to your device. Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences. We use cookies, and other similar tracking technologies, when you sign in to keep track of your personal session. We also use cookies to track your activity on the Site as a unique person.

This data may be used to display information about our Services and Products on websites operated by third parties.

The Personal Information we may collect in this regard includes: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site.

To improve the Sites and the Services

We use certain Personal Information we collect to improve the Sites and Services, and to develop new services and benefits for our users. We generally do this by aggregating certain Personal Information collected. We may use such Personal Information to improve our Sites’ usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize our Sites based on the needs of our users.

For legal purposes

We may process any of your Personal Information that we believe, in good faith, appropriate or necessary to comply with a law, regulation, judicial proceeding, court order, legal process, law enforcement, or governmental request; to assert legal rights or defend against legal claims or allegations or otherwise take precautions against liability; to assist government enforcement agencies; to protect the security or integrity of the Sites or our Services, or to protect the rights, property; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical or personal safety of any person including FaZe Clan, its users, issuers, or others.

Connecting through social media networks

If you choose to connect to one of our Sites through a third-party social network such as Facebook, Twitter, Instagram and other networks (each, a “Social Network”), we may collect Personal Information from your profile on such Social Network, such as your name, user name, and email address. In addition, our Sites offer features that will allow you to share Personal Information from our Sites to a Social Network or share Personal Information from our Social Network sites. If you decide to use such features, they may allow the sharing and collection of Personal Information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features.

Contests and submitted materials

FaZe Clan may ask you for certain Personal Information, such as your name, address, contact telephone number and email address, when you enter into an online competition through one of our Sites. By submitting this Personal Information, and to the extent relevant in the jurisdiction you are located, you are consenting to the collection and processing of your Personal Information for purposes of the online competition. We will retain your details in order to carry out the online competition, to contact you about the prize and/or notify you about the final winner. For the purposes of administering the online competition, the collection, use and processing of personal data may be completed by FaZe Clan, its group companies or other third parties. We require this Personal Information for the purposes of administering the online competition, verifying eligibility and for fulfilment, delivery and arrangement of the prize. We may also contact you to follow up with you after the online competition, to provide you with information about FaZe Clan’s products and services and to inform you of future competitions. You can opt-out of any such communications.

If you submit any photos or videos to us, including through a Social Network, such photos and videos may be displayed on the Site, including photos and videos of yourself or other individuals. By submitting such materials, you acknowledge and understand that we may do this. Please consult the Terms of Use or the terms of any particular competition for other conditions relating to submission of materials to FaZe Clan as part of competitions or through social media sites. SHARING YOUR INFORMATION

We may disclose your Personal Information for the purposes described below. We will never share your Personal Information unless it is necessary for us to do so.

Third parties providing services

We may disclose your Personal Information to third parties in order to perform Services you request, including through our Sites. We work with a number of trusted partners who perform vital functions as part of our operations, including establishing an account, processing payments for orders, and fulfilling orders. We may also engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business.

Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your Personal Information private and secure.

Partners

We may share your Personal Information with third parties, which we partner with, for example on a promotion or competition. Such partners will process your Personal Information in accordance with their own privacy policies, which we encourage you to read.

For corporate restructuring

We may share some or all of your Personal Information in connection with or during a merger, financing, consolidation, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the unlikely event of bankruptcy. If another company acquires our company, business, or assets, that company will possess the Personal Information we collected and will assume the rights and obligations regarding your Personal Information as described in this Privacy Notice.

For legal purposes

We may share any of your Personal Information that we believe, in good faith, appropriate or necessary to comply with a law, regulation, judicial proceeding, court order, legal process, law enforcement, or governmental request; to assert legal rights or defend against legal claims or allegations or otherwise take precautions against liability; to assist government enforcement agencies; to protect the security or integrity of the Sites or our Services, or to protect the rights, property; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical or personal safety of any person including FaZe Clan, its users, issuers, or others.

With Social Networks

We may share your Personal Information with Social Networks for the reasons described above.

With group companies

We may share your Personal Information with group companies if necessary for the performance of the purposes described above.

If you ask us to

We may share your Personal Information because you ask us to.

YOUR OPTIONS REGARDING YOUR PERSONAL INFORMATION

Opt-Out

As described above, we may periodically send you free newsletters and other e-mails to the e-mail address that you provided that directly promote the use of our Sites or Services. You may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly via email or mail.

FaZe Clan does not sell, trade or license Personal Information about its users for marketing purposes, except with third parties for research for cooperative marketing purposes. Those third parties will not use your Personal Information to contact you directly. If you do not want to have your data shared with third parties, please contact us at [email protected] with the subject line “Opt Out of Third Party Data Sharing” or mail us at FaZe Clan Inc., Privacy Compliance, 1800 N. Highland Avenue, Suite 600, Los Angeles, California 90028.

Change or Delete Your Personal Information

We ask that you keep the Personal Information that you provide to us current, accurate, and complete and that you correct any Personal Information you have provided to us by contacting us at [email protected]. You represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person.

You may contact us at [email protected] to request to review, update, correct or delete Personal Information or your account. We will take steps to review, update, correct or delete your Personal Information or account as soon as we can, but some Personal Information may remain in archived/backup copies for our records or as otherwise required by law.

Further Rights

For details on further rights you may have based your jurisdiction, please see “Your California Privacy Rights” and “Residents of the EEA, the United Kingdom and Switzerland” below, or contact us at [email protected].

DATA RETENTION

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

In determining this, we will be considerate of the amount, nature and sensitivity of the Personal Information, the potential risk of harm to the Personal Information, and whether our purposes can be achieved through other means.

INFORMATION SECURITY

We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized access, disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect Personal Information and any other user information we cannot ensure or warrant the security of any information you transmit to us or from the Site. You engage in such transmissions at your own risk.

If you have a security-related concern, including if you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected].

CHILDREN’S PRIVACY

No portion of our Sites are directed to children under the age of 13. Consequently, we do not knowingly collect Personal Information from any person we know under the age of 13. If we learn that a child under 13 has submitted Personal Information to us through any part of our Site, we will delete this Personal Information as soon as practical. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at [email protected].

Any processing of Personal Information of any child above 13 shall be governed by our Children’s Privacy Policy.

LINKS TO OTHER SITES

If you follow any links that direct you away from a Site, including links to Social Networks or to sites for payment options, among others, this Privacy Policy will not apply to your activity on the other sites you visit. We do not control the privacy policies or the privacy practices of any third parties. We encourage you to read the privacy policies of all such third parties.

YOUR CALIFORNIA PRIVACY RIGHTS

The following section pertains to the rights of individuals or households in California (“California consumers”).

Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

Rights Under the CCPA and the CPRA

The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

Right to Know and Right to Delete

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.

When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.

Right to Correct

Under the CPRA, effective January 1, 2023, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.

Right to Opt-Out of Sale or Sharing

Under the CCPA, California residents have the right to opt-out of the sale of their personal information. Please note we do not sell personal information and we do not knowingly sell the personal information of any individuals under the age of 16. Under the CPRA, which becomes effective on January 1, 2023, California residents also have the right to opt-out of the sharing of their personal information. As mentioned above, we share your personal information with our service providers, our business partners, and with legal/regulatory authorities when we are required to do so. If you have any questions regarding your rights to opt out of the sharing of your personal information, please contact us at [TBD]. We do not engage in cross-context behavioral advertising or profiling.

Right for Disclosure of Personal Information

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such Personal Information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows: FaZe Clan Inc., Privacy Compliance, 1800 N. Highland Avenue, Suite 600, Los Angeles, California 90028; [email protected].

If we receive any request, we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

California Do Not Track Disclosures

Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

RESIDENTS OF THE EEA, THE UNITED KINGDOM AND SWITZERLAND

This section of this Privacy Policy is applicable to residents of the European Economic Area (“EEA”). The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and of the United Kingdom. Residents of the EEA, United Kingdom and Switzerland are referred to here as “EEA Residents.”

All processing of Personal Information of EEA Residents is performed by FaZe Clan in accordance with the privacy laws applicable in those jurisdictions including the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”) and the GDPR as it is enacted in the UK.

Under applicable law, FaZe Clan Inc. is the controller of the Personal Information of EEA Residents. If you would like to contact FaZe Clan, please use the contact details at the end of this policy.

Lawful Bases

We only process your Personal Information where it is lawful to do so and in accordance with the purposes described above. When doing so, we rely on the following lawful bases:

• Consent: we may seek your consent to process your Personal Information, for example to send you marketing communications.
• Contract: we may process your Personal Information when necessary for the performance of the contract that we are party to with you, for example, the terms and conditions you may accept when using our Services.
• Legal obligation: we may process your Personal Information when we consider ourselves to be subject to a legal obligation, for example if we are required to respond to a request from an authority.
• Legitimate interests: we may process your Personal Information when we have a legitimate interest do so and this does not override your rights and freedoms. Our legitimate interests are securing our Sites, Services, property, systems, and users, improving our Sites and Services, growing and improving our business and customer relationships, marketing and advertising, resolving disputes, and preventing fraud and abuse.

Rights

As an EEA Resident, you may have the following rights with regards your Personal Information:

• The right to request access to, and a copy of, the Personal Information we hold about you, including details as to how we process this Personal Information.
• The right to object to, or restrict, our processing of your Personal Information.
• The right to request that your Personal Information be erased from further use.
• The right to correct, amend, or update Personal Information you have given us (in some instances, where you have an account with us, you can also do this by logging in and updating your Personal Information).
• The right of portability, which allows you to request that we share your Personal Information with others.
• The right to withdraw any consent to processing you have provided us.

At all times, you also have the right to submit a complaint to a data protection regulator in the EEA, UK or Switzerland.

INTERNATIONAL DATA TRANSFERS

If you are resident outside the United States, your Personal Information will be transferred to the United States and may be transferred to other countries outside of the jurisdiction in which you are located. Such countries may not provide levels of protection for your Personal Information equivalent the protection provided by the laws of the jurisdiction in which you are located.For the purposes of such cross-border data transfers, we take steps in accordance with applicable law to ensure your Personal Information is provided equivalent protection, for example, we execute Standard Contractual Clauses with recipients and, where necessary, implement further measures to ensure the Personal Information is subject to equivalent protection.

By providing Personal Information to FaZe Clan for the purpose of obtaining Services, and to the extent relevant in your jurisdiction, you consent to the processing of such data in the United States.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time for any reason. In the event we make changes to this Privacy Policy, such policy will be re-posted in the relevant section of our Sites with the date such modifications were made indicated, or we may contact you to inform you about the revisions with a link to the revised Privacy Policy. Your continued use of the Sites or the Services after any change is posted or provided indicates your acceptance of the changes and, if applicable in your jurisdiction, your continued consent to our processing of your Personal Information. If at any point you do not agree to any portion of this Privacy Policy, then in effect you should immediately stop using the Site and the Services.

CONTACT US

If you have any questions concerning this Privacy Policy or our Personal Information collection, storage and disclosure practices, please contact us at [email protected] r mail us at FaZe Clan Inc., Privacy Compliance, 720 N. Cahuenga Blvd., Los Angeles, California 90038.

UGC POLICY

USER GENERATED CONTENT TERMS AND CONDITIONS

Thank you for considering our request! By responding to our request in any affirmative manner, including by (a) tagging your Media with a hashtag supplied by us, or (b) uploading your Media to our websites, mobile sites, or social media sites (“Website(s)”), you are making a submission (each, a “Submission”) to FaZe Clan Inc. and/or its direct and indirect affiliates and subsidiaries (collectively, “we,” “our,” or “us”) and you agree to the terms and conditions contained herein.

By making a Submission, you agree that we may use your Media in accordance with these UGC Terms of Use. If your Submission is selected by us, it may be displayed or appear on the Website or in other marketing, advertising, or promotions together with your name and other identifying information provided, including without limitation any social media identifier, handle, or profile picture. The “Media” refers to the photo(s), video(s), caption(s), and comment(s) you posted on any website.

About You

You represent and warrant that:

• You are at least eighteen (18) years of age or are legally considered an adult in the state or country where you reside
• You have full power and authority to agree to these UGC Terms of Use;
• The Media is your own original creation, you did not take the Media from another website, social media posting or elsewhere, and the Media does not contain anything that violates the rights of any person or entity;
• The Media does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or FaZe Clan Inc.;
• The Media does not contain anything illegal, defamatory, obscene, or offensive;
• You have permission from any person(s) appearing in the Media to provide us with the rights to use the Media as described in these UGC Terms of Use; and if children are depicted in the Submission, you are the parent/guardian with legal responsibility of any minors depicted in the Submission;
• Your upload or post of the Media does not violate any applicable laws or the terms or requirements of the Website platform(s) where you uploaded or posted the Media;
• Our use of your Media as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality obligations;
• You confirm and agree that Our use of your Media as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval, or consent by any other person or entity; and
• You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

Our Use of Your Media

You grant us an irrevocable and unlimited right and license to use your Media (and to allow others to use the Media) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Media. We may use your Media for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Media (or any part of the Media) and related content, and include the Media (or any part of the Media) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Media. You agree that we have no obligation to use your Media or your name or other identifying information. You confirm that you have the consent or permission of any other person or entity that is required for our use of your Media as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your Media, and (2) any person or entity who owns any rights in your Media or anything that appears in your Media. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Media and the rights you are granting us under these UGC Terms of Use. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Media, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect, or enforce any of the rights you have given to us under these UGC Terms of Use. Whether we choose to use the Media or not is solely our choice. We have no obligation to use the Media and we may remove or stop using any Media at any time, for any reason. Use of the Media does not imply our endorsement of or any affiliation with you.

Personal Data

You consent to our collection of any personal data you provide in connection with the use of the Media as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries. You agree to such collection, use, disclosure, transfer, and processing of your information in accordance with these UGC Terms of Use.

Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe that your Media has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

Limitation of Liability

You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, and expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations, or warranties under these UGC Terms of Use.

Miscellaneous

These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent. A failure by us to exercise and any delay, forbearance, or indulgence by us in exercising any right, power, or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms. These UGC Terms of Use contain all the terms agreed between us regarding the Media and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. The construction, validity and performance of these terms shall be governed by the laws of the State of California, USA and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with these UGC Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC Terms of Use will continue to be valid and enforceable. Any questions regarding these UGC Terms of Use may be directed to: FaZe Clan Inc., Attn: Legal Department, 1800 Vine Street, Los Angeles, CA 90028.

FAN CONTENT POLICY

FAZE CLAN INC. – FAN CONTENT POLICY

Everyone at FaZe Clan Inc. (hereinafter “FaZe Clan”) is extremely honored by the interest shown by our fans, and we think it’s cool that you want to create videos, discords, artwork, social media pages, websites, and other stuff based on our intellectual property. At the same time, we spend a lot of time, thought, and money creating our intellectual property and need to protect it.

In most cases, using our name, logo, artwork, videos, member likenesses, and other intellectual property (“FaZe IP”) without our permission is illegal and a violation of our rights. So we created this Policy to explain what you may do regarding your Fan Content. In this Policy, “Fan Content” means: (i) your fan art (such as artwork, photographs, videos, and other materials) that is based on the FaZe IP; and (ii) your FaZe IP-related personal, non-commercial websites and apps that are freely accessible to the public.

Please read this Policy carefully before creating any Fan Content. We reserve the right to change this Policy at any time by posting the revised Policy to our website. Any existing Fan Content that no longer complies with this Policy due to a change in the Policy must be modified to be compliant with the Policy.

Section 1: General Rules

1. You may create Fan Content based on FaZe IP as long as you comply with this Policy. Any Fan Content that violates this Policy is prohibited.
2. All Fan Content must be appropriate for the audience of the FaZe IP and consistent with the spirit and tone of the FaZe IP (as determined by FaZe Clan). Fan Content must comply with applicable law, may not violate the rights of others, and must not be obscene, sexually explicit, defamatory, offensive, objectionable, or harmful to others.
3. Fan Content must have no commercial (i.e., monetary) objective. As an exception to this, fans are permitted to monetize web videos (such as YouTube) with advertisements, so long as those videos otherwise meet the requirements of this Policy.
4. FaZe Clan, in its sole discretion, can revoke your permission to create Fan Content at any time and for any reason.
5. You may not say nor imply that your Fan Content is endorsed or approved by FaZe Clan.
6. Your Fan Content may not include links to any website that promotes, exploits, or hacks FaZe Clan or FaZe Clan’s website.
7. You may not create or use any Fan Content in a manner that could cause people to believe that it is an official FaZe Clan production. For example, a fan website may not be designed to look like an official FaZe Clan website, and it must be clear to visitors that the website is not a FaZe Clan website.
8. You may not use any FaZe IP in any manner that is derogatory to FaZe Clan or that may damage the value, reputation, or goodwill of FaZe Clan, its content, products or brand, including affiliated brands (as determined by FaZe Clan).
9. You must display the following disclaimer on or in connection with your Fan Content, including on any web page containing your Fan Content:
   1. Portions of the materials used are trademarks and/or copyrighted works of FaZe Clan Inc. All rights reserved by FaZe Clan. This material is not official and is not endorsed by FaZe Clan.
10. If you use FaZe Clan’s brand, logos, member likenesses, or other trademarks (“Marks”) in connection with your Fan Content, you must follow these rules:
    1. Marks must be used only in connection with discussion of the FaZe Clan products or business they represent. Do not use Marks to identify or promote you, your Fan Content, or any other products or business.
    2. Marks must be used in a manner that will enhance and not damage the reputation and goodwill associated with the Marks.
    3. Do not use any Marks in the name of a website unless it is clear from the name that the website is not an official FaZe Clan website.
    4. Do not register or use any domain name that is confusingly similar to our domain names.
    5. Do not alter any Marks. Examples:
       1. The colors of a logo should not be altered, and the design and appearance of the logo should not be modified or adapted into a new logo.

Section 2: Your Agreements with FaZe Clan

Except for the limited permission described in Section 1 above, your use of any FaZe IP is subject to FaZe Clan’s Terms of Service, and other agreements you may have with FaZe Clan regarding the website, sweepstakes, and other materials from which you access the FaZe IP. Those agreements include important legal terms (such as limitations of liability, disclaimers of warranties, and dispute resolution), so please review those agreements carefully before creating any Fan Content.

Section 3: Do Not Send FaZe Clan Your Fan Content or Game Ideas

Please do not send your unsolicited Fan Content or ideas to FaZe Clan; they will be deleted without review.

Section 4: Enforcement of Rights

FaZe Clan reserves the right to take legal action against you for your misuse of FaZe IP.

ACCESSIBILITY

Our Commitment to Accessibility

FaZe Clan is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at [email protected] with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.