GENERAL TERMS AND CONDITIONS OF USE FOR STONE CREEK ENTERTAINMENT GAMES

       

   

Welcome to Stone Creek Entertainment, the publisher of online, mobile and social games including the Karizmac™ suite of games. These Terms of Service ("Terms") are a legally binding agreement that govern your use of the games, forums and applications (collectively, "Games") offered by Stone Creek Entertainment Inc. ("Stone Creek Entertainment", "we" or "us") accessed or purchased through third party and social networking sites (collectively "Contract Partner Sites"). Some Games may have additional rules that are posted within or adjacent to the Game ("Additional Game Rules"). These Additional Game Rules are incorporated into and made a part of this Agreement. In the event of a conflict between these Terms and the Additional Game Rules, the provision in the Additional Game Rules will prevail.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE GAMES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE GAMES.

1. ACCESS RIGHTS. A Game may be designed and hosted by Stone Creek Entertainment and appear through a frame within the Contract Partner Site or it may be a downloable application. Except for the limited right to access the Game, we reserve all right, title and interest in our intellectual property and technology. We reserve the right, in our sole discretion, to deny use of the Game to anyone for any reason.

   Subject to your acceptance of these Terms, Stone Creek Entertainment grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Games for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Games for any other purpose, or to copy or distribute the content of the Games except as specifically allowed in these Terms.

   Stone Creek Entertainment reserves the right to discontinue the Games or to change the content of the Games in any way and at any time, with or without notice to you, without liability.

   You agree to be bound by any application, forum, or game specific rules published within the Games.

   Your use of the Games is conditioned upon your compliance with these Terms and any use of the Games in violation of these Terms will be regarded as an infringement of Stone Creek Entertainment’s rights in and to the Games. Stone Creek Entertainment reserves the right to terminate your access to the Games without notice if you violate these Terms.

   • Access through Contract Partner Sites. . When you are logged onto the Contract Partner Site using your user name and password (“Contract Partner Site Credentials”), we may grant you a limited, non-exclusive, nontransferable Access Right to access and use the Game solely for your non-commercial, personal use (“Access Rights”). You acknowledge and agree that we rely on the Contract Partner Site Credentials to know whether users accessing the Games are authorized to do so. If someone accesses the Game using your Contract Partner Site Credentials, we will assume that it is really you who is accessing the Game. You are solely responsible for any and all activities that occur under or in connection with your Contract Partner Site Credentials. You agree to be responsible for any act or omission of any users that access the Game under your Credentials that, if undertaken by you, would be deemed a violation of these Terms. Please notify the Contract Partner Site and/or us immediately if you become aware that your Account is being used without authorization.

   • Downloadable Applications. When a Game is a downloadable application, your use of the Game, including any license grant, is governed by the terms and conditions of the application store (e.g., the iTunes Store and TheFacebook.com Terms and Conditions) and these Terms. In the event of any conflict between any provision in the application store terms and conditions and these Terms, the provision in these Terms will prevail.

2. OWNERSHIP OF INTELLECTUAL PROPERTY. Unless otherwise specified in writing, all materials that are part of the Games are owned, controlled, or licensed by Stone Creek Entertainment and are protected by law from unauthorized use. The entire contents of the Games are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Stone Creek Entertainment, the Stone Creek Entertainment logos, and all game names are trademarks of Stone Creek Entertainment and may not be used without the express written permission of Stone Creek Entertainment.

Stone Creek Entertainment™, Karizmac, Karizmac The Flirt Game™, Her Pet Peeves™, Karizmac Luminous™, and other related graphics, logos, service marks, and trade names used within any Game are the trademarks or service marks of Stone Creek and may not be used by you or any third party without our consent. Other trademarks, service marks, and trade names that may appear on the Games are the property of their respective owners.

You do not acquire any ownership rights by using the Games, downloading material from or uploading material to the Games, or by purchasing any virtual goods.

You agree not to copy, redistribute, publish or otherwise exploit material from the Games, except as expressly permitted herein, without the express prior written permission of Stone Creek Entertainment.All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Stone Creek Entertainment in connection with the use of the Games shall be the exclusive property of Stone Creek Entertainment. You agree that unless otherwise prohibited by law, Stone Creek Entertainment may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

3. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE GAMES. You agree not to use the Games to: (a) violate any local, state, national or international law; (b) interfere with or disrupt the Games or servers or networks connected to the Games or the Contract Partner Site, (c) reproduce, duplicate, copy, sell, resell, exploit or use the Games for any purposes other than for which the Games are being provided to you, (d) frame the Contract Partner Site or the Games, place pop-up windows over its pages, or otherwise affect the display of its pages, (e) upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”) or (f) otherwise engage in any cheating or other activities that we believe to be in the breach of the letter or spirit of these Terms.

4. FORUMS. The Games may contain, be linked to, or be associated with forums, bulletin boards or other areas that allow you to interact with us and others (“Forums”). If the Forums appear on any other site, for example a site controlled by one of our sponsors or a Contract Partner Site, and these terms of use do not appear, the term of use of that Forum hosting site will control your use of the Forums. If the Forums appear on a site on which these terms of services appear, these Terms, including this Section 4, will apply in addition to the terms of use of the site hosting the Forum. Each user is solely responsible for any content the user posts to a Forum (“User Content”). We reserve the right, but do not undertake the obligation, to alter, edit, refuse to post or remove a post on the Forums if it does not meet the standards established in these Terms or for any other reason we deem appropriate. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for such post or content or for any failure to or delay in removing such post or other content. We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Content or activities of other users on the Games. You agree that (i) we are not in any manner responsible for the User Content, (ii) we do not guarantee the accuracy, integrity or quality of the User Content, and (iii) we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on the Game, including any Forums.

You retain the copyright in any User Content that you post in the Forum. By posting any User Content, you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

There is no requirement or expectation that we will monitor or record any online activity, including communications. However, we reserve the right to monitor and/or record any online activity and you give us your express consent to monitor and record your activities.

Opinions, advice, statements, offers, or other information or content made available through the Games, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Games, or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any part that appears on the Games. Under no circumstances will we or any of our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Games or transmitted to or by any users of the Games.

You are required to follow the acceptable use guidelines below when making a post in any Forum:

Do:

• - Remember you are in public — the information you post can be seen by all visitors to the Forums. Be thoughtful about whether others should have access to the information you are posting.

• - Respect others' opinions — if necessary, agree to disagree.

• - Behave ethically.

• - Use good judgment — stay in good taste when discussing sensitive or sexual topics.

• - Always be thoughtful about your recommendations, as everybody’s situation is unique.

• - Be fair and informative — include both the pluses and minuses.

Don't:

• - Harass, embarrass, verbally attack, or threaten others, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

• - Pretend to be someone you are not or claim false credentials.

• - Post, transmit, facilitate distribution or link to content that advocates or solicits violence or criminal conduct, or that is obscene, harmful, abusive, hateful, threatening, bullying, vulgar, sexually explicit, pornographic, racially, ethnically or otherwise offensive or otherwise objectionable, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.

• - Use abusive, offensive, or defamatory screen names and/or personas.

• - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).

• - Attempt to get a password, account information, or other private information from anyone else online.

• - Post content that invades the right of privacy or publicity of others including any other person’s physical address, email address, social security number, credit card number, phone number or other information that can be used to track or contact a person;

• - Use the community for commercial or advertising purposes.

• - Post content that isn’t yours — whether copyrighted or someone's personal material.

• - Believe everything you read — postings may be inaccurate or inappropriate for you and should not be taken as advice.

• - Engage in, link to, post, transmit, distribute or promote illegal activities or content.

• - Post or collect personal information about someone else.

• - Use a post as an opportunity to vent, disparage or flame another person, organization or entity.

5. GAME PLAY. When you play any Game, you will have the ability to interact with the game we have created. For example, you may create a character and associate that character with certain information, its name, likes, dislikes and the color of her hair. You may have the ability to dress your avatar, write a poem, draw a line or hit a ball with a paddle. Any interaction you have with the Game, whether large or small, is an “Interaction”. All of your Interactions (including any text, image, video, characters and characteristics you create) become part of the Game and are owned exclusively by us. You hereby assign all right, title and interest in your Interactions (and to the extent that any of your Interactions might be seen as a derivative work, the derivate works) to us. We reserve the right to use any of your Interactions in any manner we choose in all media now known or later developed and to disclose any of your Interactions to any third party so long as we don’t associate your Interactions with your name, street address, phone number or other information that can reasonably be expected to tie the Interaction to you, except with your consent. Except for the limited licenses provided to you in these Terms, you will retain no rights in the Game, including any of your Interactions.

6. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our company, including any Games (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback in the Forums or any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.

7. VIRTUAL CURRENCY AND VIRTUAL GOODS. The Game may include one or more virtual, in-game fictional currencies (each a “Virtual Currency”) including, but not limited to coins, cash, or points, that may be earned by performing certain activities within the Game and/or be purchased from Stone Creek Entertainment for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Stone Creek Entertainment or any other party. The details regarding how any Virtual Currency and/or Virtual Games may be earned, purchased or used will be described in the Additional Game Rules adjacent to or embedded within the applicable Game. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Game, you have no right or title in or to any Virtual Goods or Virtual Currency appearing or originating in the Game, or any other attributes associated with use of the Game or stored within the Game. Price and availability of the Virtual Currently and/or any Virtual Goods are subject to change without notice. Stone Creek Entertainment has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Stone Creek Entertainment shall have no liability to you or anyone for the exercise of these rights. We reserve the right to limit the order quantity of any Virtual Currency or Virtual Goods and to refuse to provide you with Virtual Currency or Virtual Good. You may not sell, rent, transfer or otherwise make any Virtual Currencies or Virtual Goods to any other party, except as explicitly authorized within any Game. Outside of the context of any Game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to buy, sell or assign any rights in Virtual Currency or Virtual Goods is in violation of these Terms, and any such transaction is null and void and may result in a lifetime ban from Stone Creek Entertainment Games and possible legal action. You agree that all sales of Virtual Goods and Virtual Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if your account is terminated or suspended for any reason, in Stone Creek Entertainment's sole and absolute discretion, or if Stone Creek Entertainment discontinues providing the Game. Stone Creek Entertainment has no obligation or responsibility to and will not reimburse you for any Virtual Currency or Virtual Good lost due to your violations of these terms or any other rules, policies, notices or agreements including any Additional Game Rules.

8. CHARGES AND BILLING. In some cases, you can use a credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information”) to pay for optional services and/or purchase goods, including Virtual Currency. When you provide Payment Information to us (or our designated licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges and that you will make any payments due without setoff. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Payment Information (as defined below), including your family or friends.

9. CONTENT POSTED TO THIRD PARTY SITES. Subject to the conditions below, you are granted a limited revocable license to post an image of your personal avatar, a single screen shot of the Game, and/or and any other materials that Stone Creek Entertainment specifically approves (“Permitted Content”) may be posted on your own personal web site or on a third party web site that permits posting of such content, provided that such third party web site (i) is not commercially competitive to Stone Creek Entertainment, (ii) does not criticize or injure Stone Creek Entertainment, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and (v) so long as the web site where the link resides, and all other locations to which such site links, complies with all applicable laws and does not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Stone Creek Entertainment's rights and remedies are expressly reserved, and Stone Creek Entertainment may revoke this limited license, in whole or in part, upon notice to you.

Without limitation, the following terms and conditions apply to your posting of Permitted Content on an Authorized Web Site:

- You must display a prominent link to the Game’s homepage in connection with any such posting of Permitted Content allowed hereunder, including, without limitation, in e-mails you are sending friends; and

- You agree to include, and not remove or alter, Stone Creek Entertainment's trademark, copyright or other proprietary rights notices, as provided by Stone Creek Entertainment in the Game, when displaying any Permitted Content.

- You agree that all goodwill that arises in connection with your use of Stone Creek Entertainment's trademarks inures exclusively to Stone Creek Entertainment; and

- You agree not to challenge Stone Creek Entertainment's ownership or control of any Stone Creek Entertainment trademarks, nor use or adopt any trademarks that might be confusingly similar to such Stone Creek Entertainment trademarks.

10. THIRD PARTY CONTENT AND MONITORING; LINKS. Parties other than Stone Creek may offer and provide products and services in or through the Game or through links in the Game or may simply market their products and services as an advertiser or sponsor. Stone Creek does not operate, control, or endorse any third-party information, products, or services on the Game or accessible through the Game in any way. Stone Creek is not responsible for examining or evaluating, and Stone Creek does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Stone Creek does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Access to any other websites linked to from the Game is at your own risk. When leaving the Game, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

11. PRIVACY. We respect and are concerned about your privacy. When you access a Game, you may be granting the Contract Partner Site permission to share your personal information, including your email address, with us. Our use of the information you provide in association with the Game is subject to our Privacy Policy located at http://www.karizmac.com/privacy.html and may also be subject to the privacy policy of the Contract Partner Site which may further restrict our use. If you do not agree to the terms of our privacy policy, please do not use the Games. If you have any questions about our privacy policy, please write to privacy@stonecreekentertainment.com.

12. CHILDREN. Stone Creek Entertainment does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register with the Site or Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. By using our Game, you represent that you are at least 13 years old.

13. IMPORTANT INFORMATION ABOUT PARTICULAR SERVICES.

KARIZMAC THE FLIRT GAME. The KARIZMAC THE FLIRT GAME™ Game is a dating game for virtual characters. As part of the Game, your virtual character will communicate his or her likes and dislikes and learn the likes and dislikes of other virtual characters through various features like a friend’s feed and multi-player functionality. In addition, players of the Game may elect to friend each other through Facebook and communicate outside the context of the Game including through Facebook’s in-browser email. When interacting with the Game and other virtual characters, please be thoughtful about the information you share about your character and/or you, as others may use the information for purposes other than you intended – including nefarious purposes. We strongly discourage communication or in-person visits between players outside the context of the Game or virtual characters - and are not responsible for any damage or injury to you or others that occur as a result of any such communications or visits. We strongly encourage parents to be aware of how their teenagers interact with the Game, virtual characters and other players and ensure the teenagers do not use the Game for real-life interaction with others.We reserve the right to use any virtual character information in any manner we choose and disclose any character information to any third party so long as the character is not associated with your Personal Information. Our use of the information you provide in association with the KARIZMAC THE FLIRT GAME Game is subject to our Privacy Policy located at Facebook/The Flirt Game and may also be subject to the privacy policy of the Contract Partner Site which may further restrict our use. If you do not agree to the terms of our privacy policy, please do not use the KARIZMAC THE FLIRT GAME game. If you have any questions about our privacy policy, please write to privacy@stonecreekentertainment.com.

14. MODIFICATIONS TO TERMS. We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Games. Continued use of the Game following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.

15. DISCONTINUATION OR MODIFICATIONS OF THE GAMES. We reserve the right to modify or discontinue any and all Games with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Games. If you object to any changes, your sole recourse will be to cease using the Game. Continued use of the Game following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Game as so modified.

16. INFORMATION. Stone Creek does not warrant that any information, graphic depictions, product and service descriptions or other content of the Games are accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a product or service description may contain an inaccuracy. In the event Stone Creek determines that a product or service contains inaccurate information, Stone Creek reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error.

17. REPRESENTATION AND WARRANTY. You represent and warrant that User Content: (a) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

18. COPYRIGHT COMPLAINTS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), the following information:

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site or Services;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an e-mail to the Copyright Agent at info@stonecreekentertainment.com or

Copyright Agent
Stone Creek Entertainment Inc.
21 Old Redding Rd.
Ridgefield, CT 06877

19. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STONE CREEK ENTERTAINMENT, OUR SUPPLIERS, SPONSORS AND ADVERTISERS (THE “STONE CREEK ENTERTAINMENT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. THE STONE CREEK ENTERTAINMENT PARTIES MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS, OR THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE STONE CREEK ENTERTAINMENT PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GAME IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE GAME WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

20. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE STONE CREEK ENTERTAINMENT PARTIES, THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS GAME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF STONE CREEK ENTERTAINMENT TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF: ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT OF MONEY YOU HAVE PAID IN REAL DOLLARS TO STONE CREEK ENTERTAINMENT PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

21. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Stone Creek, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) as a result of or arising from (a) any User Content or information you submit, post or transmit through the Games, (b) your use of the Games, (c) your violation of this Agreement, (d) your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Games.

22. Disputes. These Terms and your use of the Games will be governed by and construed in accordance with the internal laws of the United States and the State of New York without regard to its conflict of laws’ provisions, regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action other than in the state and federal courts located in New York County, New York. You consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New York County, New York.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you and Stone Creek Entertainment agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to

Stone Creek Entertainment Inc.
ATTENTION: LEGAL DEPARTMENT
21 Old Redding Rd.
Ridgefield, CT 06877

Binding Arbitration. If you and Stone Creek Entertainment are unable to resolve a Dispute through informal negotiations, either you or Stone Creek Entertainment may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Stone Creek Entertainment will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Stone Creek Entertainment may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

No Class Action. You and Stone Creek Entertainment agree that any arbitration shall be limited to the Dispute between Stone Creek Entertainment and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. You and Stone Creek Entertainment agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Stone Creek Entertainment’s intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.

23. USE OUTSIDE THE UNITED STATES. Stone Creek Entertainment operates and controls the Service from its offices in the United States. Stone Creek Entertainment makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Stone Creek Entertainment to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Games, and the software contained in the Games may be subject to United States export controls. Thus, the Games may not be accessed, downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

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24. MISCELLANEOUS. Unless otherwise set forth in a services delivery agreement between you and Stone Creek, this Agreement constitutes the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and governs your access and use of the Games, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Agreement and the relationship between you and Stone Creek will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Agreement, or your use of, the Site or Services must be instituted exclusively in the federal or state courts located in the State of New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in this Agreement creates an agency or partnership. You may not assign your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void.

25. SURVIVAL. The terms of Sections 2, 5, 8 and 17 through 25, and any other limitations on liability or any other licenses granted to Stone Creek explicitly set forth herein will survive the expiration or earlier termination of the Agreement for any reason.

Date of Last Revision: June 7, 2011.