TERMS OF USEGENERAL How to opt in/o

TERMS OF USEGENERAL 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 http://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 privacypolicy@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 privacypolicy@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"). This Terms of Use Agreement ("Agreement") includes our policy for acceptable use of the Services and governs 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 (http://www.gameloft.com/privacy-notice), which explains how we collect and use your content and information. Please read the Privacy Policy. 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, TERMINATIONIn order to access 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 http://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 / REFUNDSWe 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 ITEMSCertain 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 fina