TERMS OF USE

GENERAL

How to opt in/opt out:

1. To opt into our newsletters, you can register from our website, www.gameloft.com. To opt out, go to https://www.gameloft.com/minisites/unsubscribeNL/.

2. To opt into our Store/shop services, you can register from our store at www.gameloft.com. To opt out, send a request to PrivacyPolicyGameloft@gameloft.com.

3. If you wish to remove all personal data Gameloft accesses through your Gameloft LIVE! account according to your prior consent, send a request to PrivacyPolicyGameloft@gameloft.com.

4. To opt out of our SMS service, text “STOP” to 84149 and you will be unsubscribed from our SMS text messaging service immediately. We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you register again on our website.

How to get help or support: To get help, email us at support@gameloft.com, or call our toll-free number at 1-800-910-3186. From your mobile phone, you can request our contact information at any time by texting HELP to 84149.

Fees: Message and data rates may apply, depending on the terms of your individual mobile service plan. Gameloft charges $4.99 for one-time purchases of games or subscriptions on T-Mobile®. These charges are billed to your mobile phone bill or will be deducted from your prepaid balance. They will appear under “Gameloft” on your mobile phone bill. List of participating carriers: AT&T, Sprint, T-Mobile®, Virgin Mobile, NTelos, Cincinnati Bell, U.S. Cellular, and Cellcom.

Gameloft Inc. (“we”, “our” or “us”) operates the Gameloft website (the “Site”), provides various apps, games and social networks (the “Apps”), and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the “Services”).

These Terms of Use (“Agreement”) include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy (https://www.gameloft.com/privacy-notice/), which explains how we collect and use your content and information. Please read the Privacy Policy.

Your access and use of the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Services with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable Service.

We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

When you access the Apps for the first time, you may be asked to indicate your age. Please consider we need it to tailor your experience in-game. We may therefore apply some age restrictions to our Apps and you agree and acknowledge that some of our Apps require you to be thirteen (13) years of age and above.

In order to benefit from some features of the Services, you may be required to register an account (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy at https://www.gameloft.com/privacy-notice/.

You may never use another’s Account without permission. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration, and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Gameloft Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

II. PURCHASES / PAYMENTS / REFUNDS

We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on specified pages of the Site, within the Apps, or otherwise as indicated through the Services. In the event of any fee changes by Gameloft, Gameloft will provide you with commercially reasonable notice of such charge.

The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

When you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. If you order a subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for Service, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

Apps, Additional Features and Virtual Items can be downloaded in connection with the Services for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact the Gameloft technical team at support@gameloft.com. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP. SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. IN ADDITION, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.

III. VIRTUAL ITEMS

Certain Services may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits (“Virtual Items”). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.

The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.

IV. ONLINE CONDUCT

You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

3. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;

4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

5. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;

6. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);

7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

8. attempting to impersonate another user or person;

9. soliciting personal information from anyone under 18;

10. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;

12. using any information obtained from the Services in order to harass, abuse, or harm another person;

13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

14. using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;

15. sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of your account or any Virtual Items associated with your account to anyone;

16. access or use of a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator;

17. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or “farm” Virtual Items;

18. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for “real-world” money.

You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

V. CONTENT

A. Proprietary Rights

With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including GAMELOFT® and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Gameloft Inc., our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.

As referenced above, even though you may buy Virtual Items with “real-world” money, you do not, in fact, “own” such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual “real-world” currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.

B. Distribution/Uploading of Content

You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Gameloft Inc. and our officers, directors, employees and agents; or (iv) to protect the Gameloft Providers and any other user.

C. Advertising

By using our Site/Apps, you may be offered advertising content. As such, you warrant that you agree with our Privacy Policy in relation to advertising. For more information, please refer to https://www.gameloft.com/privacy-notice/.

Gameloft is not responsible for the third-party products or services displayed therein.

D. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

E. Third-Party Content & User Content

You acknowledge that Gameloft, Inc. is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Gameloft Inc. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether User Content and other third-party content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Gameloft Inc.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

F. Unsolicited Submissions

We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the property of Gameloft. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Gameloft, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

VI. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: legal@gameloft.com.

To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VII. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.

VIII. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

IX. LINKS

The Services may contain links to websites operated by third parties, including through in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

We reserve the right to disable links from or to third-party sites.

X. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.

In addition, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to, or in any way be responsible for, your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

XI. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY GAMELOFT PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF GAMELOFT INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY GAMELOFT PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMELOFT INC.’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.

NEITHER WE NOR ANY GAMELOFT PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH GAMELOFT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAMELOFT INC. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMELOFT INC. IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XII. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.

XIII. APPLICABLE LAW; JURISDICTION

The Services are created and controlled by us in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any provisions of law that direct the choice of another state’s laws.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts).

XIV. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

XV. INDEMNITY

You agree to indemnify and hold Gameloft Inc., the Gameloft Providers, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

XVI. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVII. OTHER

This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

XVIII. SUPPORT

Subject to the other provisions of this Agreement, Gameloft will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at support@gameloft.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

XIX. THIRD-PARTY MARKETPLACES

These Terms of Use are between you and Gameloft Inc. only, not with Apple, Facebook or any other third party through which you may have purchased any of the Apps (“Marketplaces”). The Marketplaces are not responsible for the App you purchased or our Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Apps. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Apps infringe upon a third party’s intellectual property rights.

XX. MODIFICATION

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time without notice.

Please contact us at support@gameloft.com for any questions regarding customer relations and any issues arising from your in-game activity.