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WildCoins Use Agreement

LAST UPDATED: OCTOBER, 2009

PLEASE READ THIS WILDCOINS USE AGREEMENT (“AGREEMENT”) CAREFULLY. BY PURCHASING OR USING WILDCOINS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT PURCHASE OR USE WILDCOINS.

Your purchase and use of WildCoins are also subject to the terms and conditions of WildTangent's general Terms of Use (available here). The terms and conditions of this Agreement (and of WildTangent's Terms of Use) are subject to change from time-to-time at WIldTangent's sole discretion. Notice will be provided by posting the changes to WildTangent's website at www.wildtangent.com (the "Site"), and such changes will be effective immediately upon posting, except that changes will not apply to any WildCoins purchased before the changes are posted to the Site or to any subscription plans purchased before the changes are posted to the Site until such plans are renewed. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use or purchase of WildCoins or your purchase or renewal of any subscriptions for WildCoins following the posting of any changes or modifications will confirm your acceptance of such changes or modifications. Prior to purchasing WildCoins, signing up for a subscription, or allowing your subscription to renew, you should check the terms of this Agreement so that you are familiar with any changes that may have been made. Please review WildTangent's Privacy Policy (click here) for information regarding the collection, use and distribution of personal information collected by WildTangent.

Q: What are WildCoins? WildCoins are limited, digital, one-time use licenses that allow you to play enabled games offered by WildTangent and its affiliates. WildCoins have no cash value, and you may not redeem or sell them for cash.

Q: How do you purchase WildCoins? To purchase WildCoins you must be at least 18 years old, have a valid form of payment, and provide your name, address and email address. WildCoins purchases can be made through one-time purchases of a certain number of WildCoins or through enrollment in a monthly subscription plan for the purchase of WildCoins, payable in monthly installments (a "Subscription Plan")*. When you enroll in a Subscription Plan, your account will be credited each month with a predetermined number of WildCoins for the term of the applicable Subscription Plan.

For example, the Super Saver Pack provides fifty (50) WildCoins per month for a 12-month commitment and you will be charged the monthly fee applicable to the Subscription Plan (the "Subscription Fee") in advance upon your enrollment in the Subscription Plan and on the monthly anniversary date of such enrollment. If you first enrolled on April 15, on May 15 and the 15th day of each month thereafter, your account will be credited with fifty (50) WildCoins, and the appropriate charge made.**

Payment of the monthly Subscription Fee shall be by one of the payment methods designated on the Site (the "Payment Methods"), and you hereby authorize us to automatically charge the Payment Method on file with us each month for the Subscription Fee. When you enroll in a Subscription Plan, you are receiving a discount for making a commitment to purchase a total number of WildCoins over the term of the Subscription Plan. Therefore, you agree to pay the required Subscription Fee throughout the initial term of the Subscription Plan. The various Subscriptions Plans available to users and the term and pricing applicable to each plan are set forth on the Site. After the end of the initial term of the Subscription Plan, your subscription will automatically renew on a month-to-month basis until you cancel your subscription by providing at least 3 days notice before the end of the then-current term.

*So long as your subscription remains in good standing, if you use all WildCoins in your account before your next monthly 50 WildCoin Deposit occurs (an "Automatic refill"), you will be able to purchase a supplemental WildCoins pack of 50 WildCoins at the same price as your monthly subscription plan to allow you to continue game play or other packs at different prices – see site for details. If you do so, your next automatic refill will also occur as scheduled.

**If your initial day of enrollment is on the 29th, 30th or 31st of a month, your monthly credit and charge may be made on the 28th or 30th of the month instead, to account for months such as February (28 or 29 days) and April (30 days).

Q: What if you are already under a Legacy Plan? If you currently subscribe to a plan that is no longer offered by WildCoins (a "Legacy Plan"), then the terms of your Legacy Plan will continue until terminated under the terms of the applicable plan or as otherwise provided in this Agreement. You authorize WildTangent to charge the payment method on file with us for the recurring fees applicable to any Legacy Plan.

Q: What other terms apply? Under all of the Subscription Plans and Legacy Plans, monthly WildCoin deposits in your account will occur automatically, you will be charged any applicable taxes and you may from time to time be offered additional services or products which you may purchase with your selected Payment Method. Billing activity will be sent to your e-mail address on file; additionally, you can check your account status (including the amount and date of your next scheduled recurring payment) at any time on-line by selecting "My Account". Please note that WildTangent will have no responsibility for billing errors unless you provide us with written notice within sixty (60) days after the date of the transaction that you believe to have been in error, so you are encouraged to monitor your transaction and account balance closely. If we determine that a billing error has occurred, our exclusive responsibility will be to credit the amount of the error to your WildCoins account or refund the amount exceeding what you have authorized us to charge.

Q. Can you cancel your subscription early? You may cancel a Subscription Plan at any time. To cancel your Subscription Plan, select "My Account" and then select the option to cancel your plan, as applicable. HOWEVER IF YOU CANCEL YOUR SUBSCRIPTION PLAN DURING THE INITIAL TERM OF YOUR SUBSCRIPTION PLAN, THEN UPON CANCELLATION, YOU AGREE TO MAKE A ONE-TIME PURCHASE OF THE REMAINING NUMBER OF WILDCOINS YOU COMMITTED TO FOR THE REMAINDER OF YOUR INITIAL TERM, AND YOU AUTHORIZE WILDTANGENT TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE PURCHASE OF THESE WILDCOINS AT A FEE EQUAL TO THE REMAINING SUBSCRIPTION FEES PAYABLE FOR THE DURATION OF THE INITIAL TERM. UPON YOUR PURCHASE OF SUCH REMAINING AMOUNT OF WILDCOINS, THE WILDCOINS WILL BE ADDED TO YOUR ACCOUNT FOR YOUR USE.

For example, if you have enrolled in the Super Saver Pack which provides for a twelve month commitment to purchase 50 WildCoins per month, and you cancel after seven months, WildTangent will stop the recurring charge to your designated Payment Method, and make a final one-time charge to your Payment Method for the purchase of the remaining 250 WildCoins of your commitment (i.e. 50 WildCoins per month times 5 remaining months). The amount charged shall be at your discounted subscription price and the 250 WildCoins purchased will be deposited in your account for your use. Additionally, upon cancellation of your Subscription Plan, your participation in the WildClub Program will terminate and you will no longer be entitled to the benefits of the WildClub Program.

Q: What happens if there's a problem with an automatic payment? In the event that we are unable to charge your designated Payment Method, and as a result you fail to meet your payment obligations under your Subscription Plan, then your WildCoins account will be suspended until your account is updated with a valid Payment Method and your payments have been brought up to date. During any such suspension, you will not be able to use any WildClub Benefits nor purchase any games. Upon the lifting of such suspension, you will restart the commitment process from the date such suspension was lifted.

For example, if you have enrolled in the Super Saver Pack which provides for a twelve month commitment to purchase 50 WildCoins per month, and you cancel after seven months, WildTangent will stop the recurring charge to your designated Payment Method, and make a final one-time charge to your Payment Method for the purchase of the remaining 250 WildCoins of your commitment (i.e. 50 WildCoins per month times 5 remaining months). The amount charged shall be at your discounted subscription price and the 250 WildCoins purchased will be deposited in your account for your use. Additionally, upon cancellation of your Subscription Plan, your participation in the WildClub Program will terminate and you will no longer be entitled to the benefits of the WildClub Program.

6 Month Commitment Normally (months)

1 2 3 4 5 6
Sign-Up, Monthly Charge Monthly Charge Monthly Charge Monthly Charge Monthly Charge Monthly charge, commitment fulfilled, month to month billing begins.

6 Month Commitment with 2 months of Billing Errors

1 2 3 4 5 6 7 8
Sign-Up, Monthly Charge Monthly Charge Monthly Charge Monthly Charge Billing Error Billing Error Billing Fixed, Monthly Charge Monthly charge, commitment fulfilled, month to month billing begins.

Q: Can you upgrade your subscription? You may upgrade (lock in a better rate for a longer term) your Subscription Plan at any time. Any monthly commitment remaining under the existing plan will be immediately cancelled and the new plan begun with a full term (12, 6 or 2 months respectively). To upgrade your plan select "My Account" and then select the option to upgrade your plan as applicable. If you do change Plans, your monthly anniversary date will change to the effective date of the change.

For Legacy plans, you may upgrade to a Subscription Plan, or cancel your participation at any time by selecting "My Account" and then selecting the option to change or cancel your plan, as applicable. If you do upgrade your plan, your monthly anniversary date will change to the effective date of the change.

Q: How do I use WildCoins? To play a participating WildTangent-sponsored game, you will be prompted to "deposit" one or more WildCoins for game play, as is applicable to that game at the time. Please note that the number of WildCoins required for game play may vary from game to game, and may also change for the same game over time. Once authorized, a game play session will last for the lesser of twenty-four (24) hours, or for as long as you engage in continuous game play (continuous game play means active game participation, with "rest" or "gaps in play" that do not exceed forty-five (45) consecutive minutes).

You may also download WildCoins to your computer for use while you are "off-line" (i.e., disconnected from the Internet or cannot otherwise access WildTangent's services), which are known as "Local WildCoins". Local WildCoins allow you to play participating WildTangent-sponsored games while you do not have access to your WildCoins on-line account through the Internet, but cannot be transferred back to your on-line account or any other computer, cannot be used while you are connected to the Internet, and may not be credited toward game purchase should you elect that option.

Please note that WildCoins are not transferable, and that we are not responsible for any WildCoins that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in WildCoins being spent. Additionally, if your on-line WildCoins account does not have any WildCoins spending activity for a period of twelve (12) consecutive calendar months, you will be charged a monthly account service fee equal to the greater of 10 WildCoins or 10% of your then-current on-line WildCoins account balance.

Q: What other terms apply to my purchase or use of WildCoins?

Disclaimers; Limitation on Liability. WILDCOINS ARE PROVIDED TO YOU "AS IS," AND WILDTANGENT AND ITS AFFILIATES MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO WILDCOINS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN THE EVENT THAT WILDCOINS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY AND THEIR SOLE LIABILITY WILL BE REPLACEMENT OF SUCH WILDCOIN(S). WILDTANGENT AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, FOR LOSS OF USE OR LOST REVENUE OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WILDTANGENT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WILDTANGENT OR ITS AFFILIATES IN CONNECTION WITH WILDCOINS OR THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WILDTANGENT FOR THE PURCHASE OF WILDCOINS.

Governing Law; Severability; Other Provisions. This Agreement is the complete agreement between you and WildTangent and its affiliates with respect to your purchase or use of WildCoins, and is subject to and will be construed in accordance with the laws of the State of Washington, without regard to any conflict of law rules. The laws of some states or other jurisdictions may not permit limitations on implied warranties, exclusion or limitation of certain damages, or other terms included in this Agreement. In such circumstances, you may have rights in addition to those included in this Agreement. Any provisions of this Agreement which are so affected shall be eliminated to the minimum extent possible, so that this Agreement otherwise remains in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Binding Arbitration; Time Limit to Bring Claims. WE EACH SPECIFICALLY AGREE THAT ANY DISPUTES RELATED, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT (INCLUDING YOUR PURCHASE OR USE OF WILDCOINS) WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, AND NOT BY LAWSUIT. Neither party may commence a claim against the other party more than one hundred eighty (180) days after the occurrence of the circumstances giving rise to the claim or dispute, and neither party may initiate arbitration unless we are not able to resolve the claim or dispute through direct discussions within sixty (60) days of receipt of the claiming party's notice. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF WILDCOINS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. The arbitration of disputes or claims shall take place in Seattle, Washington in accordance with the American Arbitration Association's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), except as supplemented herein, or other mutually agreed upon procedures. Notwithstanding the AAA Rules, the initiation and administration of the arbitration will be through Judicial Dispute Resolutions LLC. Under no circumstances will the arbitration hearing extend for more than one (1) day. The hearing and other proceedings of the arbitration may be conducted telephonically without either party's physical appearance at the place of arbitration, and WildTangent will be responsible for the reasonable technical costs to conduct such activities by telephone. Judgment on any arbitration award may be entered into any court having proper jurisdiction. The costs of arbitration, including reasonable attorneys' fees and costs, will be determined by the arbitrator(s), who may apportion costs equally, or in accordance with any finding of fault or lack of good faith of either party or any finding of undue financial hardship on you. Please understand that this method of dispute resolution is personal, individual and exclusive, and that you and we are waiving certain rights to litigate disputes in court, whether by individual or class action.

If you have questions about WildCoins, this Agreement, or WildTangent, please contact us at www.wildtangent.com/support.

WILDCLUB PROGRAM TERMS

Q: What is WildClub? WildClub is a free program offered by WildTangent that provides certain benefits as described in these program terms (the "Program Terms") and is automatically included for WildCoin subscribers in good standing who have an active Subscription Plan or Legacy Plan with WildTangent as described above. The WildClub program and its benefits are subject to change without notice at any time, and may be cancelled at any time by WildTangent.

Q: How do you become a WildClub Member? Signup for any of the WildCoin Subscription Plan as described above, and you will automatically be signed up as a WildClub member if your account is kept in good standing or until you cancel your Subscription Plan. Legacy Plan users who have month to month plans in good standing are automatically enrolled in WildClub until such plans are terminated for any reason.

Q: What are the WildClub Member benefits?

  1. Ability to purchase games with WildCoins typically at a reduced rate from normal retail prices.
    For example, if a game is typically priced at $19.99, it may instead cost the WildClub member 50 WildCoins to purchase. If you have a plan that costs $6.99 per month for 50 WildCoins, this game essentially costs you $6.99 to own. The number of WildCoins required for purchasing particular games will be set forth on the Site.
  2. Any WildCoins acquired by the user can be used to purchase games, including additional packs bought outside of the normal monthly billing and those acquired through partner promotions.
  3. Discounts from the cost of the game. Every on-line WildCoin spent from the user's account on sessions of the game may reduce the ownership cost of the game by a WildCoin. The discounts, if any, available for a particular game will be as set forth on the Site. WildCoins that are deposited to your local computer (off-line WildCoins) will not receive this discount.
    For example, if you spend 8 WildCoins playing a game which normally costs 50 WildCoins, it would now cost you 42 WildCoins to own.
    Please note: many titles have specific minimum purchase requirements.
    For example, A 50 WildCoin title may require a minimum purchase of 20 WildCoins regardless of WildCoins used on the game prior to purchase, please check the title if you are approaching this limit to ensure discounts are being applied.

Please note: that your account must be in good standing in order to participate in any WildClub benefits, and the applicable benefits will not be available at any time that your Subscription Plan is suspended for any reason.