TERMS AND CONDITIONS

The following subscription terms and conditions (“Terms and Conditions”) are the terms of a legal agreement between you, on the one hand, and Gameloft SE (hereinafter referred to as “Gameloft”), on the other hand.

1) Object

Gameloft operates the Gameloft Mobile Site, provides various [apps, games, videos, audio books, any other type of content, and social features] (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”).

“[Gameloft Service Name]” is a [daily/weekly/monthly] subscription service that gives you the ability to use any Services from Gameloft's catalogue for your phone during the time of your subscription to [Gameloft Service Name].

These Terms and Conditions govern your rights, obligations and restrictions regarding your use of [Gameloft Service Name] and the Services. You are only authorized to use [Gameloft Service Name] and the Services if you agree to abide by all applicable laws and these Terms and Conditions. By using [Gameloft Service Name], you agree to be bound by these Terms and Conditions.

Your access to and use of [Gameloft Service Name] 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 [Gameloft Service Name] with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving [Gameloft Service Name] 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 and conditions are hereby incorporated into these Terms and Conditions by this reference, but such additional terms and conditions shall control solely for the applicable Service.

Gameloft may modify these Terms and Conditions from time to time and such modifications shall be effective upon posting on the Services. Upon modification of the Terms and Conditions by Gameloft, you will be notified of the changes by a pop-up on the Site and/or in the Apps. 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 these Terms and Conditions regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of [Gameloft Service Name] immediately.

2) Conditions

You must be over 18 years old and be the bill holder or have permission from the bill holder to use the Services.

3) Subscription Service Description

This subscription service ([Gameloft Service Name]) is a [daily/weekly/monthly] subscription service that allows you to download/use the Services from Gameloft's catalogue. During the term of your subscription to [Gameloft Service Name], you will acquire unlimited Gameloft mobile content credit. You can download/use an unlimited number of Gameloft Apps. To access the subscription service, you will have to follow the subscription process described on the Gameloft Mobile Site / Gameloft's Partner's Mobile Site. You will then see a confirmation message, be charged, and be able to choose the content you wish to download/use/access based on the Gameloft catalogue and compatible handsets. You will be able to access this content only while your subscription is active. An active subscription means that you were successfully billed at the designated time once per [day/week/month] after subscription.

You have an unlimited number of credits and you will be able to access the content as long as your subscription is active.

For the sake of clarity, Gameloft may remove some content from the catalogue at its own discretion and without any prior notice.

4) Purchases/Payments/Refunds

The ([Gameloft Service Name]) subscription service is a [daily/weekly/monthly] subscription service available to you in exchange for a [daily/weekly/monthly] fee. You will be billed on the [daily/weekly/monthly] anniversary date of the subscription or of the last successful billing attempt. You will be charged for any [daily/weekly/monthly] subscription billing cycle that has already begun. Selecting a subscription requires the use of a valid and up-to-date payment method from among the available payment methods. You agree to update any expired payment method by logging in to your user account. If payment fails for any reason whatsoever, the subscription will be immediately suspended. You must make sure that you have enough funds to subscribe to [Gameloft Service Name]. If a subscription payment fails, Gameloft will re-attempt payment several times, fully or partially.

The price of the subscription service will be the price specified at the time of your purchase. We may change the price of your subscription (increase or decrease) to reflect changes in the subscription product, to reflect our costs in providing the subscription, to ensure that the subscription continues to be a viable service or to respond to market changes, such as changes to exchange rates, local taxes or inflation. [We will provide at least thirty (30) days advance notice of any price increase.] You will be able to cancel before the price change takes effect. The price excludes 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.

[Option 1]On the first subscription day paid per account, you will receive, only once, the first two (2) days free of charge.

[Option 2]The [first day/week] of your subscription is offered for free and you will not be charged for it. A billing attempt will be made at the end of the trial period and, if successful, the subscription will begin. If you want to prevent this, you can cancel your subscription prior to the end of the trial period.

Your purchase of the subscription service 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.

Gameloft assumes 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 ninety (90) days after the purchase date for any reason (“Purchaser Errors”). Gameloft 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 with the Services downloaded/used or otherwise obtained by you through [Gameloft Service Name]. Although Gameloft will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, Gameloft will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through [Gameloft Service Name], please contact the Gameloft technical team via this Contact Form. In no event will Gameloft be liable for any defects or other problems associated with downloads or purchases through [Gameloft Service Name] after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Depending on local regulations, you may have a right to withdraw from your purchase as of the date you subscribed to the Services. Such a withdrawal right will depend on the local law applicable to the users. Please read the system requirements very carefully before making any purchases.

5) Your Account / Password Security / Suspension, Termination

When you access [Gameloft Service Name] or the Apps for the first time, you may be asked to indicate your age. Please consider the fact that Gameloft needs your age to tailor your in-game/in-app experience. Gameloft may therefore apply some age restrictions to the Apps and you agree and acknowledge that some of the Apps require you to be thirteen (13) years of age and above.

In order to benefit from some features of [Gameloft Service Name] and the Services, you may be required to register an account (“Account”). When creating or updating an Account, you are required to provide Gameloft with certain personal information, which may include your name, birthdate, email address, and others. This information will be held and used in accordance with Gameloft’s 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 for use with any aspect of [Gameloft Service Name] and the Services that require registration, and(ii) restricting access to your mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify Gameloft immediately of any breach of security or unauthorized use of your Account.

Although Gameloft 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 Gameloft’s losses or the losses of Gameloft's third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Gameloft Providers”) due to such unauthorized use.

Without limiting anything in these Terms and Conditions, Gameloft reserves the right, at its sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of [Gameloft Service Name] and the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event Gameloft stops offering any aspect of the Services. Gameloft expressly reserves the right to restrict, suspend and/or terminate your access to any part of the Services if Gameloft determines, at its sole discretion, that you have violated any of the terms of these Terms and Conditions.

6) Duration

Your [daily/weekly/monthly] subscription to [Gameloft Service Name] will be automatically renewed if you do not unsubscribe. You can cancel your subscription at any time by clicking on “Manage Subscription” and then “Cancel Subscription” in your Profile page accessible on the Gameloft Mobile Site or by contacting us via this Contact Form. [to adapt based on applicable un-subscription process]. You may re-subscribe at any time under the Terms and Conditions set forth herein. Gameloft reserves the right to end the subscription at any time, at its sole discretion.

7) Support

Subject to the other provisions of these Terms and Conditions, Gameloft will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through [Gameloft Service Name]. To reach our Customer Care team, please contact us via this Contact Form and [if a hotline number is available] via our hotline number [add hotline number]). 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.

8) 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, sound, look and feel of the sites, and all trademarks (including GAMELOFT® and the titles of all of the Apps), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Gameloft, Gameloft subsidiaries or affiliated companies, Gameloft third-party licensors, and/or Gameloft 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 Conditions and any other relevant policies related to [Gameloft Service Name] and the Services, Gameloft grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use [Gameloft Service Name] and 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 [Gameloft Service Name] and the Services for any other purpose.

[Gameloft Service Name] and 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 Gameloft. 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.

9) Links

The Services may contain links to websites operated by third parties, including through in-App advertisements. Gameloft does not monitor nor control the linked sites and makes no representations regarding, and is neither liable nor 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 Gameloft’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

Gameloft reserves the right to disable links from or to third-party sites.

10) Disclaimers and Limitation of Liability

[GAMELOFT SERVICE NAME] AND THE SERVICES ARE PROVIDED BY GAMELOFT AND GAMELOFT'S WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMELOFT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER GAMELOFT NOR ANY GAMELOFT PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF [GAMELOFT SERVICE NAME] AND THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF [GAMELOFT SERVICE NAME] AND 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 [GAMELOFT SERVICE NAME] AND THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF GAMELOFT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL GAMELOFT OR ANY GAMELOFT PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE [GAMELOFT SERVICE NAME] AND THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM [GAMELOFT SERVICE NAME] AND 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’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH [GAMELOFT SERVICE NAME] AND THE SERVICES.

NEITHER GAMELOFT NOR ANY GAMELOFT PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF [GAMELOFT SERVICE NAME] AND THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF GAMELOFT OR SUCH GAMELOFT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAMELOFT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMELOFT 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 [GAMELOFT SERVICE NAME] AND 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 YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11) Legality

You are subject to all laws of the state(s) and countries in which you reside and from which you access [Gameloft Service Name] and the Services and you are solely responsible for obeying those laws. You agree that Gameloft cannot be held liable if laws applicable to you restrict or prohibit your participation. Gameloft makes 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.

12) Indemnity

You agree to indemnify and hold Gameloft, the Gameloft Providers, Gameloft subsidiaries and affiliates, and Gameloft's 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 [Gameloft Service Name] and the Services in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above.

13) Applicable Law, Jurisdiction

[Gameloft Service Name] and the Services are created and controlled by Gameloft in the state of residency of the end user. As such, the laws of the state of [COUNTRY TBC] will govern these Terms and Conditions, 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 [COUNTRY TBC] for any litigation arising out of, or relating to, the use of, or purchase made through [Gameloft Service Name] and the Services (and agree not to commence any litigation relating thereto except in such courts).

In the event of a dispute relating to the interpretation, the performance or the validity of the Terms and Conditions, an amicable solution may be sought before any legal action. You might have the right under the laws of your country of residency to use mediation. IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN ONE (1) MONTH, THE LEGAL RULES OF JURISDICTION APPLY TO DISPUTES WITH NON-PROFESSIONAL USERS.