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TERMS OF SERVICE

Last updated on January 4, 2023

These Terms of Service (“TOS”, “Terms”) apply to you and Gamesoft Interactive Ltd (“Gamesoft”, “we”, “us”, “our”). By using this website (“Site”) and/or our various games (“Games”), apps (“Apps”) and/or products (all of the afore-mentioned being collectively referred to as “Services”), you implicitly agree to be bound by the Terms of Service set forth below. These Terms include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services.

These Terms also incorporate our Privacy Policy, which sets out how we collect and use your information and content. Please read our Privacy Policy.

This Site and our Services are open to teenagers and adults but not to children under the age of 13. You must be 13 years of age or older to use our Services. If you are not of legal age, you are deemed to access our Services with due permission of a parent or legal guardian. Gamesoft will not knowingly collect personally identifiable information from anyone under 13. By accessing our Services, you represent and warrant that you are 13 years of age or older.

Additional terms and conditions may apply to certain Services. You will be notified and asked to agree to any applicable additional terms in order to participate in these Services, and such additional terms are hereby incorporated into these TOS by reference.

Gamesoft or its assignees may amend these TOS from time to time. Please periodically review this page for updates, to ensure that you are familiar with the most current version. Your continued use of this Site and our Services will indicate your acceptance of the revised TOS.

As used in these TOS, Gamesoft’s “Affiliates” refers to Gamesoft’s owners, subsidiaries, affiliated companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Services.

Use of your Account

When you access our Apps or Services for the first time, you may be asked to indicate your age. This is needed for us to tailor your in-game experience. We may therefore apply some age restrictions to our Apps and you agree and acknowledge that some of our Apps require you to be 13 years of age and above.

In order to benefit from some features of the Services, you may be required to register an account (“Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, birth date, email address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy. You must provide true, accurate and complete registration information should you wish to become a registered user of our Services. Creating a user account under false or fraudulent pretences constitutes unauthorised use of our Services and such accounts will be terminated by Gamesoft.

You may not use another user’s Account without permission. You may not create more than one Account. You are expressly prohibited from registering for a new Account if you previously had an Account terminated.

You are responsible for keeping confidential any password that you created to use any aspect of the Services requiring registration. You are also responsible for restricting access to your computer, console, or mobile device to prevent unauthorised use of your Account. 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 unauthorised use of your Account.

We will not be liable and you agree to hold us harmless for your losses caused by any unauthorised use of your Account, whether with or without your knowledge. You however, may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Providers” and “Affiliates”) due to such unauthorised use.

We reserve the right, at 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 cease to offer any aspect of any 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, at our sole discretion, that you have violated any of the TOS.

Payments and Purchases

We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of virtual items when they become available. Such products or services may be made available for purchase on specified pages of the Site, within the Apps, on Gamesoft Providers’ websites or platforms (including third-party marketplaces), or otherwise as indicated through the Services.

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 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 or international law.

If you provide credit card information to us, you represent that you are the authorised 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 authorised 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 cancelled 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 device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 30 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 or the Gamesoft Providers’ websites or platforms (including third-party marketplaces). 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. In no

event shall we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.

You can choose to cancel your order in most cases (except noted as “EXCEPTION” below). You may do so within 7 days from when you received your receipt without giving any reason. To cancel your order, you must inform us of your decision via a declaration by mentioning the reference of the purchase, the date of the purchase, your name and your address, sent to the following address: support@gamesoft.com. To meet the cancellation deadline, you must send your communication of cancellation before the 7-day period has expired. If you choose to cancel your monthly subscription, you may do so pursuant to the terms.

We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

EXCEPTION: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.

Proprietary Rights to our Contents

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 GAMESOFT®, BONUSPLAYTM and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Gamesoft, 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 these Terms and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited licence 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.

User Generated or Uploaded Contents

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 licence 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 licence 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 these Terms. The above licences granted by you in Your Content are perpetual and will only terminate if you have requested the removal or deletion of Your Content from the Services (such licence 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.

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 to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate our Services; to protect the rights or property of Gamesoft and our officers, directors, employees and agents; or to protect the Gamesoft Providers and any other user.

Third-Party Contents

You acknowledge that Gamesoft 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 Gamesoft 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 any User Content and other third-party content violate any term of these TOS 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 Gamesoft.

Just as you retain complete ownership of Your Content (subject to the licence 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.

Content Infringements

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@gamesoft.com.

To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorised 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 authorised 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Just as you retain complete ownership of Your Content (subject to the licence 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.

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 our Privacy Policy.

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

Warranties and Representations

You represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorise 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 these TOS. 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.

 

Non-Commercial Use of Our Services

The Services are for your personal use only and may not be used in connection with any commercial endeavours 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 unauthorised framing of or linking to the Services, is prohibited.

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.

Links to Third Party Sites

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.

Third Party 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.

Disclaimers

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 GAMESOFT 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 GAMESOFT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY GAMESOFT 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 UNAUTHORISED ACCESS TO GAMESOFT’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 GAMESOFT 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 GAMESOFT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAMESOFT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMESOFT 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.

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.

Applicable Law

These TOS shall be governed by and construed in all respects in accordance with the Laws of England and Wales. Any action to be brought in connection with these TOS or the App shall be brought in the courts of England and Wales and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable legal fees. In the event that any provision of these TOS is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.

Indemnity

You agree to indemnify and hold Gamesoft, the Gamesoft 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 these TOS and/or arising from a breach of these TOS and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

Entire Agreement

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

Support

Subject to the other provisions of these TOS, Gamesoft 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@gamesoft.com.

Third Party Marketplaces

These Terms of Service are between you and Gamesoft only, not with Apple, Facebook, Google 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.

Modifications

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time by posting such changes in the Services. The continued use of the Services as modified constitutes your acceptance of such changes.

Trademarks and Copyright

GAMESOFT, the GAMESOFT logo, BONUSPLAY and the BONUSPLAY logo are trademarks, or registered trademarks of Gamesoft Interactive Ltd. © 2023 Gamesoft Interactive Ltd. All rights reserved.

Google and the Google logo are registered trademarks of Google Inc., used with permission.