Last Updated Sept. 2024

Welcome to Prize Kingdoms! 
These Terms of Use (“Terms of Use”) apply to your download,
access and/or use of Prize Kingdoms, developed, published and made available by
INK Games, LLC (hereinafter “INK“), whether on your computer,
on a mobile device, on our website or any other website, device or platform (the
“Game“). These Terms of Use set forth the contractual
relationship between INK and you with respect to your use of, license to and
participation in the Game.  So, please
read them all and read them carefully, as they contain language that may
significantly impact you, your rights and remedies. 

THE
GAME IS NOT INTENDED OR DIRECTED TO PERSONS YOUNGER THAN 16 YEARS OLD.  IF YOU ARE UNDER 16 YEARS OF AGE, YOU ARE PROHIBITED
FROM USING OR ACCESSING ANY GAME, EVEN IF YOUR LEGAL GUARDIAN APPROVES
OTHERWISE.

Your use of the Game is also governed by INK’s Privacy
Policy (available at http://www.prizekingdoms.com/privacy-policy/) (the “Privacy
Policy”), additional terms that govern specific features or offers, and
other relevant INK policies and agreements, all of which are incorporated
herein by reference.

ACCEPTANCE
By installing, accessing, downloading or otherwise using any
of the Game, you agree to these Terms of Use and the above-referenced Privacy
Policy.  If you do not agree to these Terms
of Use and Privacy Policy, then you should not install, access, download or
otherwise use the Game.

INK
reserves the right, at its sole and absolute discretion, to change, modify,
amend, add or remove portions of these Terms of Use.  If INK does so, then the “last updated” date
will be stated at the top of the updated Terms of Use.  You will be deemed to have accepted such
changes by continuing to use the Game.  If at any point you do not agree to any
portion of the then-current version of INK’s Terms of Use, then your license to
use the Game shall immediately terminate, and you must immediately stop using
the Game after such date.  Disputes
arising under these Terms of Use will be resolved in accordance with the
version of the Terms of Use in place at the time the Dispute arose. “Disputes” means any dispute, action, controversy or
claim arising out of or relating to any aspect of these Terms or the Game,
whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal or equitable basis, and regardless of whether a claim arises during
or after the termination of these Terms of Use (including without limitation, the
validity, enforceability, or scope of arbitration terms). We encourage you to review these Terms of Use frequently to stay
informed of the latest modifications.  Please also note that in the case of a
Dispute, these Terms of Use require arbitration, and YOU ARE WAIVING YOUR RIGHT
TO A JURY TRIAL. YOU ARE ALSO WAIVING ANY CLASS ACTION RIGHTS THAT YOU MAY
OTHERWISE HAVE.

1.      
Playing the Game

a.      
Game of Skill.
The Game is a game of skill, not chance. The Game requires a user to employ
skill and strategy and the Game is not a game of chance.

b.      
No Gambling.
You are not wagering, betting, or gambling. When you play the Game, you are not
considered to be wagering or betting anything, or to be placing bets or wagers,
at any time or in any way. The Game is for entertainment and amusement purposes
only, and no money or purchase is required to play the Game or to enter any
promotion or sweepstakes.

c.      
Playing with Others.
The Game allows you to play against an opponent or to play socially with other
users. You agree to follow the rule in Section 6 (Playing the Game With Other
Users) when you use this feature.

d.      
Virtual Money and Virtual
Goods. The virtual currencies (“Virtual Money“) and
items or services (“Virtual Goods“) for use with the Game, have no
value, are non-transferrable, and can never be exchanged for real money, real
goods, or real services.

e.      
Sweepstakes Rules.
No purchase is necessary to participate in any sweepstakes through the Game,
and all sweepstakes participants have the same odds regardless of method of
entry. A user may mail five (5) postcards per day to INK at INK’s mailing
address as detailed on the INK website (an “Alternative Method of Entry”).
Upon receipt of an Alternative Method of Entry a user’s Account will be
credited with the maximum possible Virtual Money or Virtual Goods required to
put that user at the same odds as any other user. Every promotion has a link to
its own official rules and the official rules for each promotion are unique to
that promotion. By submitting an entry to participate in a promotion, you are
agreeing to the official rules for that promotion.

f.       
Third Party Trademarks.
All products, names, or registered trademarks of Apple Inc., Google, Inc.,
Amazon, Inc., Target, Inc., or similar third parties that may be featured in
the Game or a sweepstakes, belong entirely to the respective third party, and
nothing in the Game is intended to imply any endorsement by or affiliation with
any such third parties.

g.      
Game Not Available Everywhere.  The Game is not available to all persons or
at all locations. Void where prohibited. See Section 3 (Void Where Prohibited)
for details.

2.      
Access; Use

a.      
License.
We grant you a nonexclusive, limited, nontransferable, non-sublicensable, revocable
license to play the Game, only in accordance with these Terms of Use (the “License”).  INK may revoke this license at any time for
any reason in its sole and absolute discretion. 

b.      
In-Game Rules.  The specific game rules, scoring rules,
controls and guidelines for the Game can be found within the Game itself. Such
rules, scoring rules, controls and guidelines form part of these Terms of Use
and you agree that you shall comply with such guidelines for the Game .

c.      
Content.  In the Game, you may be able to send,
receive, upload, download, communicate, transmit or otherwise make available information,
data, software, sound, photographs, graphics, video, messages, tags, or other
materials (collectively, “Content”) to or from another user. You
understand and agree that all Content that you may be sent when using the Game,
whether publicly posted or privately sent, is the sole responsibility of the
person that sent the Content. This means that you, not us, are entirely
responsible for all Content that you may send, receive, upload, download,
communicate, transmit or otherwise make available via the Game.

d.      
Prohibited Uses: 

                                                              
i.     
You agree not to send, upload, communicate, transmit or
otherwise make available any Content or otherwise use the Game in any way:

1.      
that infringes, misappropriates or otherwise violates INK’s
or any third party’s property rights or proprietary rights, including without
limitation intellectual property rights, personal property rights, privacy
rights and publicity rights;

2.      
that is or could reasonably be viewed as unlawful, harmful,
harassing, defamatory, libelous, obscene or otherwise objectionable;

3.      
that is or could reasonably be viewed as invasive of
another’s privacy or violate any privacy rights;

4.      
that is likely to, or could reasonably be viewed as likely
to incite violence or racial or ethnic hatred;

5.      
which you do not have a right to make available lawfully
(such as inside information, information which belongs to someone else or
confidential information);

6.      
which consists of any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters or any other
form of solicitation; or

7.      
which contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.

                                                            
ii.     
You agree that you will not:

1.      
use the Game to harm anyone or to cause offense to or harass
any person;

2.      
create more than one Account to access the Game;

3.      
use another person or entity’s email address in order to
sign up for an Account or to play the Game;

4.      
use the Game for fraudulent or abusive purposes (including,
without limitation, by using the Game to impersonate any person or entity, or
otherwise misrepresent your affiliation with a person, entity or the Game);

5.      
disguise, anonymize or hide your IP address or the source of
any Content that you may upload;

6.      
use the Game for any commercial or business purpose or for
the benefit of any third party or to send unsolicited communications;

7.      
remove or amend any proprietary notices or other ownership
information from the Game or any other part of the Game;

8.      
interfere with or disrupt the Game or servers or networks
that provide the Game;

9.      
attempt to decompile, reverse engineer, disassemble or hack the
Game, or to defeat or overcome any of our encryption technologies or security
measures or data transmitted, processed or stored by us;

10.  
collect any information about or regarding other persons
that use the Game, including, but not limited to any personal data or
information;

11.  
sell, transfer or try to sell or transfer an Account or any
part of an Account, Virtual Money and/or Virtual Goods;

12.  
disrupt the normal flow of a Game or otherwise act in a
manner that is likely to negatively affect other players’ ability to compete
fairly when playing the Game or engaging in real time exchanges;

13.  
disobey any requirements or regulations of any network connected
to the Game;

14.  
copy, distribute, make available to the public or create any
derivative work from the Game or any Content belonging to any other end user;

15.  
use the Game in violation of any applicable law or
regulation;

16.  
use the Game to cheat or design or assist in cheating (for
example, by using automated means or third party software to play), or to
otherwise circumvent technological measures designed to control access to, or
elements of, the Game, or to do anything else that a reasonable person is
likely to believe is not within the spirit of fair play or these Terms of Use;
or

17.  
use the Game in any other way not permitted by these Terms
of Use.

                                                          
iii.     
INK reserves the right to determine, in its sole and
absolute discretion, what conduct it considers to be a prohibited use as set
forth in Sections 1(d)(i) and 1(d)(ii), or otherwise outside the intent or
spirit of these Terms of Use.  INK
reserves the right, in its sole and absolute discretion, to take action as a
result, which may include, without limitation, suspending or terminating your
Account and prohibiting you from using the Game in whole or in part.

e.      
Responsibility for Content.  You are solely responsible for the Content
that you post on, through, or in connection with the Game and that you provide
to others. INK may reject, refuse to post, or delete any Content for any reason
or no reason, in its sole and absolute discretion, including, but not limited
to, Content that, in INK’s sole and absolute discretion, violates these Terms
of Use.  However, INK has no
responsibility to do so, and does not undertake that it will monitor or remove
Content.  INK does not control Content
posted by users and therefore INK does not guarantee the accuracy, integrity or
quality of that Content. You understand that when using the Game, you may be
exposed to Content that you may consider offensive, indecent or objectionable.
Under no circumstances will INK be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
losses or harm of any kind resulting from the use of any Content posted,
emailed, transmitted or otherwise made available via the Game.

f.       
No INK Liability for
Content.  You are solely
responsible for your interactions with other users of the Game. You agree that
you shall not hold INK liable for any loss or damage arising from the Content
(yours or another user’s) including without limitation in respect of any
defamation, harassment, infringement, misappropriation or other claims.

g.      
Removal of Content.  INK does not undertake that it will monitor
or remove Content.  However, INK does have
the right, in its sole and absolute discretion, to remove uploaded Content from
the Game if INK decides in its sole and absolute discretion that such Content
violates these Terms of Use, is harmful to INK’s business or reputation, or
that such Content is otherwise inappropriate. 
 

h.      
User Interactions.  You are solely responsible for your
interactions with other users of the Game. 
INK reserves the right, but has no obligation, to become involved in any
way in disputes between you and other users of the Game.  If you have a dispute with one or more users,
you release INK, its parent, affiliated
and subsidiary companies, and its licensors (and each of their respective
officers, directors, shareholders, agents, employees, and contractors)
from claims, demands and damages of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes.

i.        
Network Costs; Availability.  You are responsible for the internet
connection and/or mobile charges that you may incur for accessing and/or using the
Game. You should ask your mobile operator or internet service provider if you
are unsure what these charges will be, before you access and/or use the Game.  There may be times when our Game or any part
of them are not available for technical or maintenance related reasons, whether
on a scheduled or unscheduled basis.  You
understand and agree that the Game may not always be available to you, or be
available at all at any time in the future. 

3.      
Void Where Prohibited.  The Game is owned and operated in the United
States. The Game is not available to all persons or at all locations. Access to
the Game may not be legal by certain persons or in certain jurisdictions. YOU
ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR
OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE GAME PERMIT YOU TO USE
THE GAME. If you access the Game from outside the United States, you do so on
your own initiative and are responsible for compliance with local laws. We
reserve the right to limit, at our sole discretion, the provision of the Game
to any person or in any location. Any offer of the Game in these Terms shall be
deemed void where prohibited.

4.      
Account Registration

a.      
Account.  To access the Game, you are required to
register an account through one of the authentication methods made available in
the Game (an “Account”). Corporations, limited liability companies,
partnerships and other legal or business entities may not establish an
Account.  Individuals prohibited by INK
from using the Game may not create or use an Account.  The Account information that you choose to
provide shall be processed, stored and governed according to INK’s Privacy
Policy.

b.      
Login
Information.  You may be required to select a username, a
password for your Account, an authentication method, or other credentials to
access the Account (collectively “Login Information”).  You shall not share the Account or the Login
Information, nor let anyone else knowingly access your Account or do anything
else that might jeopardize the security of your Account.  You shall not transfer or sell your Account
or access thereto.

c.      
Disclosure.  INK
may access, preserve, and disclose your Account information or Login
Information in accordance with these Terms of Use or our Privacy Policy.  You acknowledge that you have read and
understand our Privacy Policy. 

d.      
Access.  In the event that your Account is terminated
or access to the Game is terminated  you
will no longer be able to access and/or use any Virtual Money and/or Virtual
Goods associated with the Game and/or Account.

We will be entitled to assume
that anyone logging into your Account using your Login Information is either
you or someone logging in with your permission. If you fail to keep your login
details secret, or if you share your login details or Account with someone else
(whether intentionally or unintentionally), you accept full responsibility for
the consequences of this (including any unauthorized purchases) and agree to
fully compensate INK for any losses or harm that may result.

We will not be responsible to
you for any loss that you suffer as a result of a person other than you
accessing your Account, and we accept no responsibility for any losses or harm
resulting from such use, whether fraudulently or otherwise.

Your Account is personal to
you and you are not entitled to transfer your Account to any other person.

e.      
No Ownership Rights; Suspension
and Termination of Access to Game.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME, IN ANY VIRTUAL MONEY OR
VIRTUAL GOODS, OR ANY ACCOUNT AS IT RELATES TO THE GAME. WE MAY SUSPEND,
TERMINATE, MODIFY OR DELETE THE GAME, OR YOUR ACCESS TO THE GAME, AT ANY TIME
FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WE WILL NOT OWE
YOU ANY COMPENSATION OR PAYMENT OF ANY KIND OR NATURE ARISING THEREFROM OR
RELATED THERETO. 

f.       
Suspension and Termination
of Account.  INK has the right
to suspend or terminate your Account for violations of these Terms of Use or
other Game guidelines, or for other behavior INK determines in its sole and
absolute discretion has or may have an adverse impact on the Game, other users
and third parties, or INK. In the event that your Account is terminated, you
will no longer be able to access and/or use any Virtual Money and/or Virtual
Goods associated with the Game or your Account. The Virtual Money and Virtual
Goods have no value and you will receive nothing upon termination for any
unused Virtual Money or Virtual Goods.

g.      
Inactive
Accounts.  INK reserves the
right to terminate any Account that has been continuously inactive for a period
of time.

h.      
Discontinued
Offerings. INK
reserves the right to stop offering and/or supporting all or part of the Game
at any time, in its sole and absolute discretion, at which point your license
to use the Game or a part thereof will be automatically terminated.  In such event, INK shall not be required to
provide refunds, benefits or other compensation to you in connection with such discontinuation.

i.        
Your
Right to Terminate Your Account.
You may terminate your Account at any time and for any
reason by emailing INK at support@inkgames.com
and requesting termination of your Account. For 30 days following termination
of your Account, you may access, receive a copy, or port your personal
information from your Account by following the instructions in our Privacy
Policy. After such 30-day period, INK will delete or deidentify your Account.  

You understand that if you request to terminate your
Account, or if we terminate your Account in accordance with these Terms of Use,
you may lose access to any data previously associated with your Account
(including, without limitation, your progress through and/or level or score you
have reached in the Game and any Virtual Money or Virtual Goods associated with
your Account), and you acknowledge and agree that INK assumes no liability for
such losses.

5.      
 Availability of
the Game

a.       For
residents in the United States.
We do not guarantee that the Game will be available at all times or at any
given time or that we will continue to offer the Game for any particular length
of time. We may change and update the Game without notice to you. We make no
warranty or representation regarding the availability of the Game and reserve
the right to modify or discontinue offering the Game in our sole and absolute
discretion without notice, including (without limitation) for example, discontinuing
maintenance and/or access to the Game for economic reasons due to a limited
number of users continuing to make use of the Game over time, for technical
reasons (such as technical difficulties experienced by us or on the internet)
or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE
CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY BE TERMINATED IN WHOLE OR
IN PART AT OUR SOLE AND ABSOLUTE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME
ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

b.       For
residents outside the United States. Subject to the next sentence, we do not guarantee that the
Game will be available or error-free at all times or at any given time. We will
provide the Game in accordance with any legally required standards. In
particular, in relation only to any Virtual Money and/or Virtual Goods or any
other part of the Game which have been paid-for with real money, we warrant
that they will substantially comply with the description provided by it at the
point of purchase and be of satisfactory quality (in addition, any related
services provided through them will be provided with reasonable care and skill).
We may change and update the Game in whole or in part without notice to you
(provided always that any such changes do not result in material degradation in
the functionality of any part of the Game which has been paid-for with real
money). We make no warranty or representation regarding the availability of any
features and/or functionality of the Game which are provided free of charge
(i.e. not paid-for with real money) and we reserve the right to modify or
discontinue them in our sole discretion without notice to you, including for
example, for economic reasons due to a limited number of users continuing to
make use of them over time, for technical reasons (such as technical
difficulties experienced by us or on the internet) or to allow us to improve
user experience. We are not liable or responsible for any failure to perform,
or delay in performance of, any of our obligations that is caused by events
outside our reasonable control. If such circumstances result in material degradation
in the functionality of the Game, then any obligation you may have to make any
payment to download, use or access them will be suspended for the duration of
such period. We are entitled to modify or discontinue the Game or any part of it
which is paid-for with real money in our sole discretion upon reasonable notice
to you.

6.      
Virtual Goods and Virtual
Money; Promotions

a.       The
Game includes Virtual Money, Virtual Goods, and paid subscriptions for access
to Virtual Money and/or Virtual Goods (“Subscriptions”). To benefit from
or use the Virtual Money and/or Virtual Goods in the Game you may first have to
reach a certain level or progress to a certain point. YOU AGREE THAT, ONCE
PURCHASED, THE VIRTUAL MONEY, VIRTUAL GOODS, AND/OR SUBSCRIPTIONS HAVE NO
MONETARY VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, REAL GOODS, OR REAL
SERVICES FROM US OR ANYONE ELSE. You agree that Virtual Money, Virtual Goods
and/or Subscriptions are NOT TRANSFERRABLE, and you will not transfer or
attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to
anyone else.

b.       You
do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a
limited, personal, revocable license to use them— you acknowledge and agree
that any balance of Virtual Goods and/or Virtual Money does not reflect any
stored value and that through the Game YOU ARE NOT RECEIVING ANY ITEM OR THING
OF VALUE AT ANY TIME OR IN ANY WAY. INK may, in its sole discretion, terminate
your access to or use of any Virtual Goods, Virtual Money, or Subscriptions.
The Virtual Money and Virtual Goods have no value and you will receive nothing
upon termination for any unused Virtual Money or Virtual Goods.

c.       You
agree that all sales by us to you of Virtual Money and/or Virtual Goods are
final, that we will not refund any transaction once it has been made. Further,
you agree that an active Subscription cannot be cancelled during the
Subscription period. Prices for all Virtual Money, Virtual Goods, and
Subscriptions exclude all applicable taxes and telecommunication charges,
unless otherwise indicated. To the extent required or permitted by law, you
agree to pay any such applicable taxes and telecommunication charges. If you are
domiciled in a European Union member country or the United Kingdom of Great
Britain and Northern Ireland, you have the right to withdraw from any purchase
on the Game without giving any reason. You understand and agree that the
withdrawal period for digital content, including licenses to use Virtual Goods
or Virtual Money, expires 14 days after you purchase such digital content or
when you start downloading the content for the first time, whichever is sooner.
You further agree that when you purchase a license to use Virtual Goods or
Virtual Money from us, we will begin the provision of the Virtual Goods or
Virtual Money to you and you will start downloading such digital content promptly
once your purchase is complete and therefore your right of withdrawal is lost
at this point. For the purposes of this Section 4(c), a “purchase” is
complete at the time our servers validate your purchase and the applicable
Virtual Goods and/or Virtual Money are successfully credited to your Account on
our servers.

d.       If
you live in the European Union, we will provide you with a VAT invoice where we
are required to do so by law or when requested by you. You agree that these
invoices may be electronic in format.

e.       We
reserve the right to control, regulate, change, or remove any Virtual Money,
Virtual Goods and/or Subscriptions without any liability to you at any time.
If, in INK’s sole and absolute discretion, such changes will substantially impact
a Subscription package, such changes will only take effect following the end of
the then-current Subscription period for each user at which date the Subscription
will automatically terminate.

f.       
We may revise the pricing for Virtual Goods, Virtual Money
and/or Subscriptions offered through the Game at any time.  If, in INK’s sole and absolute discretion,
such changes will substantially impact the value of a subscription package, such
changes will only take effect following the end of the then-current
Subscription period for each user, at which date your Subscription will
automatically terminate. We may limit the total amount of Virtual Goods or
Virtual Money that may be purchased at any one time, and/or limit the total
amount of Virtual Money or Virtual Goods that may be held in your Account in
the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods
from INK through the Game, and not in any other way.

g.       Depending
on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased
may be subject to your platform provider’s terms of service and user agreement.
Usage rights for each purchase may differ from item to item. If you are unsure
about usage rights you should check with your platform or our customer support
team before making a purchase. Unless otherwise shown, content available in any
in-game store has the same age rating as the Game.

h.       If
we suspend or terminate your Account in accordance with these terms, you may
lose any Virtual Money, Virtual Goods, and/or active Subscriptions that you may
have and we will not compensate you for this loss, as the Virtual Money,
Virtual Goods, and Subscriptions have no value. If you have an active
Subscription at the date of termination it will not auto-renew at the end of
the then-current Subscription period.

i.        
The charge for any individual item you can purchase in the
Game shall be as stated at the time you place the order, except in the case of
obvious error. The charge is inclusive of all sales taxes and other charges.
Depending on which bank you use, additional charges may be issued by your bank;
we have no control over this and accept no liability in relation to such
charges. If you are unsure whether you will be subject to such additional
charges then you should check with your bank before making a purchase in the
Game. We accept payment via our payment processing partners. Our payment
processing partners may have their own terms and conditions and you should
ensure you are in agreement with such terms prior to making any payment. If
your transaction with our payment processing partners is not successful then
your purchase will not be fulfilled. Upon the completion of a successful
payment transaction then your purchase will be fulfilled to you as soon as
possible – we will endeavor to fulfill your order immediately at the point of
purchase.

j.        
Payment for a Subscription will be charged to your Account
at the point of purchase, and renewals will be charged within the 24 hours
prior to the expiry of the then-current Subscription period. Your Subscription
will automatically renew on a monthly-basis unless you turn off auto-renew via
your platform settings in accordance with applicable game store platform
subscription policies or you choose to not renew your Subscription after
material changes to gameplay, as provided for in Section 4(e).  If you are unclear about such policies,
please check your game store platform subscription policies. Your Subscription
is linked to your platform Account and cannot be transferred between platform Accounts.
You agree that Subscription sales by us to you are final and that cancellation
is not permitted during an active Subscription period.

k.       INK
may offer various promotions in the Game (a “Promotion”). Promotions
will be subject to Official Rules, which users will be presented prior to
entering into any Promotion. You acknowledge and agree that your participation
in any Promotion will be governed by the Official Rules of such Promotion, a
copy of which will be provided to you prior to entering into the Promotion. 

7.      
Playing The Game With Other
Users

a.       The
Game allows you to play against an opponent or to play socially with other
users. You may be able to:

                                                              
i.     
choose to play against another user whom INK selects for
you, or

                                                            
ii.     
form teams with other users (a “Club”) to play
against, or play socially with, other Clubs. 
You may also search for your friends in order to find and play against
or play socially with them. We may also display the usernames and/or display
names of your past opponents so that you can easily find them to play again.

b.       Where
INK selects another user or opponent for you, we may either select at random or
use such criteria as we see fit in order to make these selections (for example,
your past scores, your country, or the level you have reached in the Game or
your other gameplay activity).

By
accessing and/or playing the Game, you agree that your display name (whether
created by you or obtained through the authentication method you used to create
your Account), username, images pulled from the authentication method you used
to create your Account, scores, avatar, country location, online/offline status,
and other related details may be displayed in any and all media (whether it
exists now or in the future), for any purpose, in perpetuity, without any
payment to you, including (without limitation) to other users in the Game or
within our marketing. You also understand and agree that other users may find
you by searching for you by your username and display name. Please note that we
will only show your display name and/or username publicly, and not your email
address.

8.      
Your Breach of These Terms

a.       Without
limiting any other remedies or any other paragraph of these Terms of Use, if we
believe, in our sole and absolute discretion, that you are in breach of these
terms, we reserve the right to take any of the following actions, whether
individually or in combination, and either with or without notice to you:

                                                              
i.     
delete, suspend and/or modify your Account or parts of your Account;

                                                            
ii.     
otherwise suspend and/or terminate your access to the Game;

                                                          
iii.     
modify and/or remove any Virtual Money or Virtual Goods that
may be associated with your Account;

                                                          
iv.     
reset and/or modify any Game progression or benefits and
privileges associated with your Account, such as any level or score you have
reached in the Game.

You
agree to compensate us, as permitted by applicable law, for all losses, harm,
claims and expenses that may arise from your breach of these Terms of Use.

9.      
Intellectual Property

a.       You
acknowledge that all copyright, trademarks, and other intellectual property
rights in and relating to the Game is owned by or licensed to us.

b.       While
you are in compliance with these terms, we grant you a non-exclusive,
non-transferable, personal, revocable, limited license to access and/or use the
Game (but not any related object and source code) for your own personal non-commercial
use, in each case provided that such use is in accordance with these Terms of
Use. These terms also apply to any update or patches which we may release or
make available for the Game and any such update or patch shall be deemed part
of the Game for the purposes of these Terms of Use.

c.       YOU
ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THESE
TERMS OF USE, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF THE
GAME, INCLUDING WITHOUT LIMITATION ACCOUNTS, VIRTUAL MONEY, OR VIRTUAL GOODS.
You must not copy, distribute, make available to the public or create any
derivative work from the Game or any part thereof unless we have first agreed explicitly
in writing.

d.       In
particular, and without limiting the application of paragraph 7(c), you must
not make use or available any cheats or technological measures designed to
control access to, or elements of, the Game, including providing access to any
Virtual Money and/or Virtual Goods, whether on a free of charge basis or
otherwise.

e.       You
grant INK the right to edit, adapt, publish and use your entry and any
derivative works we may create from it, in any and all media (whether it exists
now or in the future), for any purpose, in perpetuity, without any payment to
you; acknowledge that you may have what are known as “moral rights” in the Content,
for example the right to be named as the creator of your entry and the right
not to have work subjected to derogatory treatment. You agree to waive any such
moral rights you may have in the Content; and agree that we have no obligation
to monitor or protect your rights in any Content that you may submit to us, but
you do give us the right to enforce your rights in that Content if we want to,
including but not limited to taking legal action (at our cost) on your behalf.

f.       
All products, names, or registered trademarks of Apple Inc.,
Google, Inc., Amazon, Inc.,  Target,
Inc., or similar third parties that may be featured in the Game or a
sweepstakes, belong entirely to the respective third party, and nothing in the
Game is intended to imply any endorsement by or affiliation with any such third
parties.

10.  
User Feedback. In the event that: (i) you send any unsolicited ideas,
suggestions, feedback, comments or materials to INK; or (ii) INK invites you to
submit any ideas, suggestions, feedback, comments, or materials (collectively,
whether solicited or unsolicited, “User Feedback”), INK will not treat the User
Feedback as confidential or proprietary, and you grant INK an irrevocable,
nonexclusive, irrevocable, perpetual, worldwide, royalty-free, fully
sublicensable license to use, reproduce, distribute, adapt, modify, translate,
create derivative works of, publicly perform, publicly display, digitally
perform, reverse engineer, make, have made, sell, offer for sale, distribute,
import and otherwise exploit your User Feedback, including any and all
copyrights, trademarks, trade secrets, patents, industrial rights, and all
other intellectual and proprietary rights related thereto, in any media now
known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, including giving the User Feedback to others, without any
compensation to you.  You also waive any
claim that any use by INK or its licensees of your User Feedback violates any
of your rights, including moral rights, privacy rights, rights to publicity,
proprietary or other rights, and rights to credit for the material or ideas in
your User Feedback.

11.  
User Representations. You understand and agree
that the Game may not be used, accessed, downloaded, or otherwise exported,
reexported, or transferred in contravention of applicable export control,
economic sanctions, and import laws and regulations, including, but not limited
to, the U.S. Export Administration Regulations (“EAR”) and regulations
promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets
Control (“OFAC”). You represent and warrant that you (1) are not subject to
U.S. sanctions or export restrictions and otherwise are eligible to utilize the
Game under applicable laws and regulations; (2) are not located or ordinarily
resident in a country or region subject to comprehensive or near-comprehensive
U.S. sanctions/embargo, unless your use of the Game in such country or region
is authorized by U.S. law; (3) are not an official, employee, agent, or
contractor of, or directly or indirectly acting or purporting to act for or on
behalf of, a government (including any political subdivision, agency, or
instrumentality thereof or any person directly or indirectly owned or
controlled by the foregoing) or political party (e.g., Cuban Communist Party,
Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity
in a sanctioned/embargoed country or region or subject to U.S.
sanctions/embargo; and (4) will not use the Game in connection with an end-use
prohibited by U.S. law.

12.  
Third-Party Links. We may link to third
party websites or services from the Game. You understand that we make no
promises regarding any content, goods or services provided by such third
parties and we do not endorse the same. We are also not responsible to you in
relation to any losses or harm caused by such third parties. Any charges you
incur in relation to those third parties are your responsibility. You
understand that when you provide data to such third parties you are providing
it in accordance with their privacy policy (if any) and our own privacy policy
does not apply in relation to that data.

13.  
Disclaimer of Warranties 

a.      
THE GAME IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED. TO THE MAXIUMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INK DISCLAIMS
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. 

b.      
INK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE
THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME
OR YOUR ACCOUNT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INK MAY
PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTY SITES
AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS RELATED TO THE
GAME.  INK DOES NOT TAKE RESPONSIBILITY
FOR, OPERATE, OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES
ON THESE THIRD-PARTY SITES.  INK PROVIDES
SUCH LINKS TO THIRD-PARTY SITES ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT CONSTITUTE ENDORSEMENT BY INK OF SUCH THIRD-PARTY SITES OR ANY
ASSOCIATION WITH ITS OPERATORS.

c.      
Some jurisdictions do not allow the exclusion of certain
warranties.  Accordingly, some of the
above disclaimers may not apply to you.

14.  
Limited Liability;
Indemnification.

a.      
Limited
Liability.  TO
THE MAXIMUM EXTENT PERMITTED BY LAW, INK SHALL NOT BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR OTHER
SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS,
LOST DATA OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED),
ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, THE PRIVACY POLICY
OR YOUR USE OF THE GAME, WHETHER ANY SUCH CLAIM IS BASED ON CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT INK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

b.      
Damages
Limitation.  WITHOUT
LIMITING THE PROVISIONS OF SECTION 12(a) OR THE PROVISIONS OF THE INK PRIVACY
POLICY IN ANY WAY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INK SHALL NOT BE
LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO INK FOR THE GAME IN THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A
CLAIM.  YOU ACKNOWLEDGE AND AGREE THAT IF
YOU HAVE NOT PAID ANYTHING TO INK DURING SUCH TIME PERIOD, YOUR SOLE REMEDY
(AND INK’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH INK IS TO STOP USING THE
GAME AND TO CANCEL YOUR ACCOUNT.

c.      
No
Liability. In addition to the
foregoing limitations on liability and warranty disclaimers, you agree that INK
is not responsible for:

                                                              
i.     
loss of data, loss of
opportunity, service interruption, computer or other device failure or
financial loss;

                                                            
ii.     
any damage that may be caused
to any device on which you access or use the Game that is caused in any way by the
Game;

                                                          
iii.     
downtime of the Game; and

                                                          
iv.     
technical failures or the
lack of availability of the Game.

d.      
Your
Indemnification of INK.  You shall indemnify, defend, and hold INK, its
parent, affiliated and subsidiary companies, and its licensors and licensees
(and each of their respective officers, directors, shareholders, agents,
employees, and contractors) harmless from and against any claim, demand,
damages or other losses, including reasonable attorneys’ fees, arising out of: (i) your misuse of the Game; (ii) your User Content,
including INK’s use, display or other exercise of rights
granted herein with respect to your User
Content; (iii) your violation or breach of these Terms
of Use; (iv) your violation of the rights of any other person or entity,
including claims that any User
Content infringes or violates any third party
intellectual property rights; or (v) your breach of the representations,
warranties  and covenants herein.  INK reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify INK and you agree to cooperate with INK’s defense of such
claims.  You agree not to settle any
matter without the prior written consent of INK.  INK will
use reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.

15.  
Governing Law
and Arbitration

a.      
Governing Law.  These Terms of Use, and any disputes arising
from or related to these Terms of Use, are governed by the laws of the State of
Texas, U.S.A., without regard to its conflict of laws principles.

b.       Informal
Resolution.  If you have a Dispute (as defined in below)
with INK, you agree to try for at least 90 days to use good faith efforts to
resolve it informally, prior to submission to arbitration.  The 90-day timeframe starts when you first
notify INK of your concern(s) in writing, whether it is by email or
letter.  Please send your concerns by
email to support@inkgames.com or by mail to:

                    InfluenceInk, Inc. (dba INK Games)

                    3200 Palm Way 

                    Suite 122  Austin, TX 78758        

If INK cannot resolve your concerns informally, then you and
INK agree to binding arbitration as further set out in Sections 13(c)-(f).

c.       No
Class Actions.  To the maximum extent permitted by
applicable law, you and INK agree to only bring Disputes in an individual
capacity and shall not: seek to bring, join or participate in any class or
representative action, collective or class-wide arbitration, or any other
action where another individual or entity acts in a representative capacity
(e.g., private attorney general actions); or consolidate or combine individual
proceedings or permit an arbitrator to do so without the express consent of
INK.

d.       Binding
Arbitration.  You and INK agree that Disputes will be settled by binding
individual arbitration conducted by American
Arbitration Association (“AAA”) under its Commercial
Arbitration Rules and Mediation Procedures (the “AAA Rules”), as
modified by these Terms of Use.  This
means that you and INK agree to a dispute-resolution process where we submit
any Dispute to a neutral arbitrator (not a judge or jury) that makes the final
decision to resolve the Dispute. 

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY
TRIAL.

e.      
Disputes We Agree to
Arbitrate.  You and INK agree
to submit all Disputes between you and INK to individual binding
arbitration.  You and INK agree to
arbitrate all Disputes regardless of whether the Dispute is based in contract,
statute, regulation, ordinance, tort (including fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory.  Notwithstanding the foregoing, the meaning of
Dispute excludes: (i) the pursuit of enforcement actions through a
government agency if the law allows; (ii) an action to compel or uphold any
prior arbitration decision; (iii) INK’s right to seek injunctive or equitable
relief against you under any basis or theory in a court of law; or (iv) claims
or counterclaims by INK against you for (A) the creation, distribution or
promotion of cheats; or (B) the infringement, misappropriation or disruption
(e.g., virus attack) of INK intellectual property. 

f.       
No Injunctive Relief.  Your remedy related to any Dispute with INK
shall be limited to the recovery of money damages, if any, and in no event
shall you be entitled to seek to enjoin or restrain the development,
production, exhibition, distribution, advertising, exploitation, or marketing of
any Game, or any portion thereof.  You
expressly agree that any damage caused to you by INK will not be irreparable or
otherwise so sufficient as to entitle you to injunctive or equitable relief.

g.      
Arbitration Process 

                                                              
i.     
To start an
arbitration, review the AAA Rules and follow the instructions for initiating an
arbitration on the AAA website.  The party starting an arbitration must send AAA
a “Demand for Arbitration” (available on its website), pay a filing fee, and
mail a copy of the Demand for Arbitration to the opposing party.  You will send a copy to support@inkgames.com and INK
will send our copy to your email address and billing address you have provided INK.

                                                            
ii.     
The arbitrator will be
selected according to the AAA Rules.  You
and INK agree that the arbitration will be conducted in the English language
and that the arbitrator will be bound by these Terms of Use.

                                                          
iii.     
The arbitration will take place in Travis County or another
location mutually agreed upon in writing by INK and you.

                                                          
iv.     
The arbitrator will
resolve the Dispute according to the covenants and limitations of this Terms of
Use (the “Ruling”).  Any Ruling will include a written statement
stating the decision of each claim and the basis for the Ruling, including the
arbitrator’s essential factual and legal findings and conclusions.  The arbitrator may only award remedies that
are requested by and particular to you and not prohibited by these Terms of Use
(e.g., no injunctive or equitable relief may be awarded to you by the
arbitrator), and only within the limitations and liability caps set forth in
these Terms of Use.  The
Ruling will be final and binding upon the parties, and may be confirmed by a
federal or state court of competent jurisdiction located in Travis County, Texas,
U.S.A.

                                                            
v.     
You and INK agree that any dispute, claim or controversy
that has been submitted to arbitration, and all related proceedings and filings
(including any settlement agreement), shall be kept confidential.  However, the prevailing party in any
arbitration may file the arbitration Ruling with any court of competent
jurisdiction located in Travis County, Texas, U.S.A., in order to have that
Ruling confirmed in a court order or judgment.

h.       30
Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class
action waiver provisions set forth in the “Binding Arbitration,” and
“No Class Actions ” paragraphs above by sending written notice of
your decision to opt-out to the following address: INK Games, Attn: INK Legal, 3200
Palm Way Suite 122, Austin TX 78758. The notice must be sent within 30 days of
your first download of the applicable Game; otherwise, you shall be bound to
arbitrate disputes in accordance with the terms of those paragraphs. If you
opt-out of these arbitration provisions, we also will not be bound by them.

16.  
Copyright Infringement
Notices – Digital Millennium
Copyright Act

a.      
If you believe that any
content appearing in the Game or the User Content has been copied in a way that constitutes
copyright infringement, please forward the information described in this Section 14 to INK’s
designated copyright agent at
the following address:

InfluenceInk, Inc. (dba INK Games)

Attn:  Copyright Agent

3200 Palm Way
Suite 122

Austin, TX 78758

b.      
Please be aware that to be
effective, your copyright infringement notification must comply with the
Digital Millennium Copyright Act (“DMCA”).  You are encouraged to review 17 U.S.C.
Section 512(c)(3) of the DMCA or consult with an attorney prior to sending a
notice under this Section 14.

c.      
In addition to the foregoing,
to submit a copyright infringement notice, you will need to send a written
communication that includes the following information:

                                                              
i.     
Your name, address, telephone
number, and email address;

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

                                                          
iii.     
The exact URL or a
description of where the alleged infringing material is located;

                                                          
iv.     
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;

                                                            
v.     
An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; and

                                                          
vi.     
A statement by you, 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.

d.      
Please note that the DMCA
provides that you may be liable for damages (including costs and attorney fees)
if you knowingly misrepresent that material or activity is infringing.  Please also note that the information
provided in your copyright infringement notice may be provided to the person
responsible for the allegedly infringing material.

17.  
Miscellaneous Terms

a.      
Severability.  You
and INK agree that if any portion of these Terms of Use or of the Privacy
Policy is found illegal or unenforceable, in whole or in part by any court of
competent jurisdiction, such provision shall, as to such jurisdiction, be
ineffective solely to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in
any other manner or jurisdiction and without affecting the remaining provisions
of the terms, which shall continue to be in full force and effect.

b.      
Assignment. You may not assign or
transfer these Terms of Use or your rights under these Terms of Use, in whole
or in part, by operation of law or otherwise, without our prior written
consent. We may assign these Terms of Use at any time to any entity without
notice or consent.

c.      
Capitalized Terms.  Capitalized terms shall have the meaning set
forth in these Terms of Use.

d.      
Headings.  Section headings in these Terms of Use are
for reference purposes only.

e.      
No Partnership.  You agree that no joint venture, partnership,
employment, independent contractor or agency relationship exists between you
and INK as a result of these Terms of Use of your use of the Game.

f.       
Supplemental Policies.  INK may publish additional policies related
to specific services such as forums, contests or loyalty programs.  Your right to use such services is also
subject to those specific policies besides these Terms of Use.

g.      
No Waiver.  The failure of INK to require or enforce
strict performance by you of any provision of these Terms of Use or the Privacy
Policy or failure to exercise any right under them shall not be construed as a
waiver or relinquishment of INK’s right to assert or rely upon any such
provision or right in that or any other instance.  The express waiver by INK of any provision,
condition, or requirement of these Terms of Use or the Privacy Policy shall not
constitute a waiver of any future obligation to comply with such provision,
condition or requirement.

h.      
Survival.  Any part of the Terms which by their
nature should survive the termination, will survive such termination, including,
without limitation, Sections 1, 2, 3, 6, 8 through 10, 13 through 15, 17.