LEGACY TERMS

Agreements in effect prior to June 4, 2010

DIGITAL SERVICES AGREEMENT

LAST UPDATED: 1 FEBRUARY 2010

1. Scope of Agreement.
This Agreement governs your purchase of Playfish cash coins, chips or any of our other virtual currencies (each individually or collectively referred to in this Agreement as “Playfish Virtual Currency”) and any of our products and services through which you can purchase or use the Playfish Virtual Currency (“Playfish Services”). In this Agreement, the term “you” means you the customer; and the terms “EA”, “we”, “us” and “our” means Electronic Arts Limited a company registered in England & Wales with Registered No. 2057591, VAT No. GB 745 0434 47 and registered office address at Onslow House, Onslow Street, Guildford, Surrey, GU1 4TN, United Kingdom. This Agreement supplements the EA Terms of Service. The EA Terms of Service can be found at the bottom of all EA hosted websites and by typing “terms.ea.com” in your browser. Please print out copies of these documents for your records when completing any purchase of Playfish Virtual Currency. If there is an inconsistency between the EA Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of Playfish Virtual Currency. By selecting the “I agree to the Terms of Service and Digital Services Agreement” checkbox, you agree that your use of Playfish Virtual Currency, Playfish Services and all related content is subject to this Agreement.

2. Revised Terms.
We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of Playfish Virtual Currency and the subsequent entitlements to content that you receive by using Playfish Virtual Currency. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase Playfish Virtual Currency you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using the Playfish Services.

3. Playfish Registration.
If any of the Playfish Services require you to open an account (a “Playfish Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the EA Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by EA or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Where the Playfish Services utilise the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.

4. Playfish Virtual Currency License.
Playfish Virtual Currency can be purchased via the Playfish Services. We may also award Playfish Virtual Currency in connection with promotions and as part of Playfish tournaments. When you purchase Playfish Virtual Currency you agree to pay taxes that EA assesses on your purchase. By purchasing or otherwise acquiring Playfish Virtual Currency as set out above, you obtain a limited license to access and select from content that we expressly make available as part of the Playfish Services (the “Playfish Content”). Playfish Virtual Currency has no monetary value and does not constitute currency or property of any type. Playfish Virtual Currency may be redeemed for Playfish Content only. Playfish Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Playfish Content. Playfish Virtual Currency is non-refundable. You are not entitled to a refund for any unused Playfish Virtual Currency.

5. Playfish Virtual Currency Term.
The term of your Playfish Virtual Currency license starts when you acquire Playfish Virtual Currency and, subject to this Agreement, ends the earlier of the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and the day that your access to the Playfish Services is cancelled, suspended or terminated as set forth in this Agreement.

6. Purchase Process.
To purchase Playfish Virtual Currency, (i) follow the Playfish Services instructions on the applicable website (ii) sign into your Playfish Account if required (or create a Playfish Account if required); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept the EA Terms of Service and this Digital Services Agreement. If you decide to purchase subscription-based Playfish Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes.

7. Pricing.
The price payable by you (the “Price”) is the price indicated on the applicable website for the Playfish Services. If you are resident in Europe, the Price includes any applicable VAT. We reserve the right to change the Price and specifications shown in relation to the Playfish Services. If the price or specification published on the applicable website for the Playfish Services is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.

8.Payment.
You may pay for Playfish Virtual Currency either by credit card or by using the services of any alternate billing and payment provider (such as PayPal, Trialpay, Paymo and PayByCash) that we identify on the applicable website. If you pay for Playfish Virtual Currency by credit card, then you must supply your credit card details when you place your order. We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs associated with accessing the Playfish Services depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.

9. Performance of the Contract.
Playfish Virtual Currency is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from EA, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase Playfish Virtual Currency from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.

10. Use and Expiration of Playfish Virtual Currency.
During the term of your license, you have the right to redeem Playfish Virtual Currency for selected Playfish Content. We do not guarantee that any particular item offered as part of the Playfish Services will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of Playfish Content without notice to you. If you have not used your Playfish Virtual Currency for twenty four (24) months or more and your account has a Playfish Virtual Currency balance, your Playfish Virtual Currency shall expire and your account may be cancelled for non-use. Once you -- or we as set forth below -- have redeemed Playfish Virtual Currency for Playfish Content, that content is not returnable, exchangeable, or refundable for Playfish Virtual Currency or for cash, or other goods or services.

11. Playfish Content.
When you acquire Playfish Content, you receive a limited license to use Playfish Content for your personal non-commercial use with any specified permitted Playfish Services that we identify from time to time. EA reserves all right, title and interest in Playfish Content and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of EA in the Playfish Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Playfish Content.

12. Playfish Virtual Currency Availability.
Playfish Virtual Currency may only be held by legal residents of countries where access to and use of the Playfish Services is permitted. Playfish Virtual Currency may be purchased or acquired only from EA through means we provide on the applicable website(s) or otherwise expressly authorize. EA reserves the right to refuse your request(s) to purchase and/or acquire Playfish Virtual Currency, and EA reserves the right to limit or block any request to purchase and/or acquire Playfish Virtual Currency for any reason.

13.Cancellation and Suspension.
We can cancel or suspend your access to Playfish Virtual Currency, the Playfish Services or your Playfish Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or the EA Terms of Service; or (b) if we otherwise suspect fraud or misuse of Playfish Services and/or Playfish Virtual Currency, or any other unlawful activity associated with an account membership registered to or used by you.

14. Termination of Services.
You agree that EA may stop making Playfish Virtual Currency and the Playfish Services available, at any time, without any liability to you. If we stop supporting the Playfish Services, we will provide at least sixty (60) days advance notice to you by posting a notice on Playfish.com.

15. Disclaimer of Warranties.
THE PLAYFISH SERVICESARE PROVIDED ON AN “AS IS” BASIS. EA MAKES NO WARRANTIES WITH RESPECT TO THE PLAYFISH SERVICES, THE PLAYFISH CONTENT OR PLAYFISH VIRTUAL CURRENCY. TO THE EXTENT PERMITTED BY LAW, EA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT. EA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE PLAYFISH SERVICES, ANY ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “EA SERVICES”) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE EA SERVICES WILL BE CORRECTED, OR THAT THE EA SERVICES OR THE SERVERS THAT MAKE THOSE EA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability.
EA SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE EA SERVICES, THE PLAYFISH VIRTUAL CURRENCY, OR THE PLAYFISH CONTENT EVEN IF EA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall EA’s aggregate liability under this Agreement exceed the amount actually paid by you for Playfish VIRTUAL CURRENCY. Notwithstanding the foregoing, nothing contained in THIS AGREEMENT limitS EA’s liability to you for fraudulent misrepresentations, death or personal injury caused by EA’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU

17. Reservation of Rights.
EA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or the EA Terms of Service. Our failure to enforce this Agreement or the EA Terms of Service in every instance in which it is entitled does not amount to a waiver of EA’s rights.

18. Electronic Contracting.
You acknowledge and agree that by clicking the ‘purchase’ (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to the Playfish Services. If you do not consent to receive any notices electronically, you must stop using the Playfish Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.

Agreements in effect prior to February 1, 2010

Privacy Policy

1. SCOPE

This website is operated by Playfish Limited ("Playfish"). Playfish is registered in England (No: 6374301) and our registered office address is: 58-60 Berners Street, London W1T 3JS, United Kingdom

Playfish complies with data protection legislation such as the Data Protection Act 1998. This regulates the processing of personal data relating to you and grants you various rights in respect of your personal data.

The aim of this privacy policy is to tell you how we will use any personal data you provide through this website. Please read it carefully before you proceed.

2. COLLECTION AND RETENTION OF YOUR PERSONAL INFORMATION

We collect the following personal data from you in order that you may register on this website and access the games provided: your date of birth, gender and your contact details including the country where you live and any phone number(s) or email address(es) that you provide. We will also record information such as your high scores, game session duration and the game challenges that you send.

Where you have visited our site from certain other sites, such as facebook.com, we may record your ID for that site.

We may also record details of any purchases that you make on this website. In order to process any purchases you make we may need to collect your bank details or credit card details.

3. HOW WE USE YOUR INFORMATION AND WITH WHOM WE SHARE YOUR INFORMATION

We use your personal information to manage your registration and to personalize your visits to the website, and the games that you access. Where you have asked to receive information from us we will use your personal information to send you newsletters or other information about us.

We may also employ the services of a third party to help us provide our online services, such as processing any payments on our website. In some cases the third party may receive your information. However, at all times, we will control and be responsible for the use of your information.

We may also display targeted advertisements on our website based on your personal information. Foe example this could include adverts designed for your age group, where you live, or the types of games you play. However we will not provide any personal information to the advertiser if you view a targeted advertisement.

We may use aggregated information for the purposes of tracking website usage of the web site and in order to help us improve our website and for research and analysis purposes. We may pass this information to third parties. The aggregate information and statistics will not, however, include details that can be used to identify you.

4. TRANSFER OF YOUR INFORMATION OUTSIDE EUROPE

We may transfer some of your information outside Europe in order that we can manage your registration. Some of these countries may not have equivalent data protection legislation protection the use of your personal information.By submitting your information to this website, you consent to such transfers taking place.

5. COOKIES

5.1 Use of Cookies on our site

A cookie is a text-only string of information that a website transfers to the cookie file of your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.

When you visit our website we send you a cookie. Cookies may be used in the following ways:

- to help us recognise you when you return to our website and to allow us to tailor content and your games to match your preferred interests;

- to compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.

Two types of cookies may be used on this website, session cookies, which are temporary cookies that show you are logged on to the site and remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

5.2 Third Party Advertising

We may use a third party to serve advertisements on our site. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

5.3 Disabling/Enabling Cookies

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

Find out how to disable/enable cookies by looking at www.allaboutcookies.org

6. LINKS

Our site contains links to other web sites over which we have no control. We are not responsible for privacy policies or practices of other websites to which you choose to link from this site. We encourage you to review the privacy policies of those other web sites so you can understand how they collect, use and share your information.

7. SECURITY

We have implemented reasonable technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, the Internet is an open system and we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.

8. SALE OF THE BUSINESS

In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business.

9. YOUR RIGHT TO ACCESS INFORMATION

You are entitled to see the information held about you. If you wish to do this, please contact us at privacy@playfish.com. We may require you to provide verification of your identity and to pay an administration fee (which is currently £10) to provide a copy of the information we hold. Please note that in certain circumstances we may withhold access to your information where we have the right to do so under current data protection legislation.

10. UPDATING YOUR INFORMATION

You may review, correct, update or change your personal information at any time by contacting us at privacy@playfish.com.

If you opted to receive newsletters, other communications from Playfish or third parties at the time you registered on this website but subsequently change your mind, you may opt-out by contacting us at privacy@playfish.com.

11. THIRD PARTY TRADEMARKS

Playfish, the Playfish logo and other marks indicated on this website are registered trademarks or trademarks of Playfish. All other trademarks not owned by Playfish that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Playfish.

12. CHANGES TO THIS PRIVACY POLICY

If our privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

13. CONTACTING US

If you have any questions about this privacy policy or your personal information, please contact us at privacy@playfish.com

FOR ALL CUSTOMER SUPPORT ENQUIRIES PLEASE EMAIL SUPPORT@PLAYFISH.COM

TERMS OF SERVICE

LAST REVISION: 15 DECEMBER 2008

1. Acceptance of Terms

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN PLAYFISH LIMITED ("PLAYFISH" OR "WE") AND YOU ("YOU"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE PLAYFISH.COM WEBSITE AND OTHER WEBSITES, WEBPAGES, BLOGS, WIDGETS AND APPLICATIONS OWNED, OPERATED, LICENSED OR CONTROLLED BY PLAYFISH (THE "PLAYFISH SITES") OR ANY GAMES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE PLAYFISH SITES (COLLECTIVELY, THE "SERVICES"). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.

Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Playfish Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Playfish Site and to cancel any accounts or Services you have signed up for. Your continued use of the Playfish Sites after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Playfish is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.

Playfish reserves the right to deny, in its sole discretion, any user access to the Playfish Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).

2. User Accounts

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you decide to purchase subscription-based Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Playfish), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Playfish immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Playfish). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Playfish or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Where the Services utilise the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.

3. Charges and Billing

3.1 Subscriptions

Playfish will charge subscription fees to access certain Services (including certain games) and participate in related activities on the Playfish Sites. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Unless otherwise indicated, subscriptions will not automatically renew at the end of their term.

3.2 Coins and Virtual In-Game Items

While playing our games, you will have the opportunity to use 'coins' or other online currency to license a variety of virtual in-game items that can be used while playing various games. You may be required to pay a fee in order to obtain coins or other online currency. Playfish reserves the right in its sole discretion to change the number of coins or other online currency you will be entitled to purchase for a given fee. YOUR PURCHASE OF COINS OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR PLAYFISH ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-GAME ITEMS. Playfish shall have no liability for hacking or loss of virtual in-game items from your Playfish Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violations of these Terms of Service. Playfish reserves the right, without prior notification, to limit the order quantity on any virtual in-game item and/or to refuse to provide you with any virtual in-game item. Verification of certain information applicable to a transaction involving a virtual in-game item may be required prior to our acceptance thereof. Price and availability of the virtual in-game items are subject to change without notice.

3.3 Fees

You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.

3.4 Payment Options

3.4.1 PayPal

If you do not have a PayPal account, you may set up a free account at www.paypal.com. Playfish is not affiliated with PayPal.

3.4.2 Trialpay

With TrialPay, you can try or buy an offer from certain third-party brands and receive certain Services for free. Playfish is not affiliated with Trialpay or its customers.

3.4.3 Paymo

With Paymo, you can pay for purchases using your mobile phone. Playfish is not affiliated with Paymo.

3.4.4 PayByCash

PayByCash enables you to pay for purchases without a credit card. Playfish is not affiliated with PayByCash.

3.5 Fees Charged by Third-Party Sites

We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to Playfish. Playfish may also provide access to third-party vendors who provide content, goods and/or services on the Playfish Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Playfish makes no representation or warranty regarding any content, goods and/or services provided by any third-party.

4. Limitations On Your Use Of The Services

Your license to use the Services is limited by these Terms of Service and our Privacy Policy. All software ("Software") made available to access the Services is the copyrighted work of Playfish and/or its licensors. Playfish hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the Services), information, software, products or services obtained from the Services, without the express written consent of Playfish. You hereby acknowledge and agree that you have no proprietary interest in any account, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the Playfish Sites by which the Services may be accessed.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any Playfish server, or the network(s) connected to any Playfish server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Playfish server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.

5. Rules Of Conduct

The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Playfish has no obligation to monitor the Communication Services. However, Playfish reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Playfish reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Playfish, and such communications shall not be considered reviewed, screened or approved by Playfish. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Playfish specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Playfish spokespersons, and their views do not necessarily reflect those of Playfish.

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Playfish is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

Playfish reserves the right at all times to disclose any information or materials found on the Communications Services as Playfish deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in Playfish's sole discretion.

In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:

- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.

- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.

- Except as expressly authorized by Playfish, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.

- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.

- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.

- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.

- Impersonate or create a false identity (such as a celebrity or Playfish representative) for the purpose of misleading others.

- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.

- Attempt to get a password, other account information, or other private information from a member or any other user of such Services.

- Improperly use in-game support or complaint buttons or make false reports to Playfish administrators.

- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.

- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

- Use the Playfish Sites, Services or Software to resell or make any commercial use of the Playfish Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Playfish.

- Use the Services for fraudulent transactions including, without limitation, in-game virtual transactions.

- Sell, buy, or transfer access to your account.

- You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage.

Where applicable each user will either select a character name or allow Playfish to automatically select a character name at random. Where users create a character name or otherwise create a label that can be used by players of Playfish's games, users will abide by the following guidelines contained in these Terms of Service. Users will not use a name which (a) belongs to another person with the intent to impersonate that person; (b) contains, or is substantially similar to a trademark or service mark, whether registered or not; (c) that incorporates a ëswear' word or is otherwise offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (d) belongs to a popular culture figure, celebrity or media person; (e) belongs to any religious figure or deity; (f) comprises gibberish; (g) in any way infringes these Terms of Service.

6. Content

"Content" shall mean the software, communications, images, sounds, and all the material and information you see on the Playfish Sites, whether provided by Playfish or by users of the Services. Playfish does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Playfish Sites.

Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Playfish Sites. Content standards may vary depending on where you are on the Playfish Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.

Playfish representatives may monitor your communications on the Playfish Sites. But we cannot monitor all of the Content on the Playfish Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to support@playfish.com. Playfish does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. Playfish does not assume any responsibility or liability for Content that is generated by members or other guests on the Playfish Sites.

Playfish and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Playfish Site. Without limiting the foregoing, Playfish and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.

You acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of Playfish and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Playfish, and/or its licensors (collectively, "Rights "), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of England and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Playfish and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Playfish and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.

7. Newsletters

By subscribing to our newsletter(s), subscribers understand they may receive periodic information regarding current and future Services offered on the Playfish Sites. In addition, such subscribers may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. You may unsubscribe from any of these Services at any time by following the procedures made available with the applicable Services.

8. Ownership

The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of England. Playfish owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Playfish, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Playfish and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.

9. Jurisdictional Issues and Export Control Laws

The Service is controlled and operated by Playfish from its offices within the United Kingdom. Playfish makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Playfish Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

10. Termination of Account

Playfish has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with Playfish. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Playfish Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Playfish reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by Playfish, Playfish shall have the right to terminate or suspend any of your other account(s).

FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR PLAYFISH ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).

11. Links to Third-Party Sites

The links to third party sites appearing on the Playfish Sites will let you leave the Playfish Sites. These linked sites are not controlled by Playfish and may collect date or solicit personal information from you. To the maximum extent permissible by law, Playfish is not responsible for such linked sites, Content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites may collect. Playfish provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by Playfish of such linked sites.

12. Disclaimer of Warranty; Limitation of Liability

To the maximum extent allowed by law, neither Playfish nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Playfish Parties ") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Playfish Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.

YOU EXPRESSLY AGREE THAT THE USE OF THE PLAYFISH SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE PLAYFISH SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. PLAYFISH PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PLAYFISH WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE PLAYFISH PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE PLAYFISH PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE PLAYFISH PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE PLAYFISH SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Playfish IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE PLAYFISH PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PLAYFISH OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE PLAYFISH PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLAYFISH SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH PLAYFISH. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PLAYFISH AND THE PLAYFISH PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PLAYFISH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE PLAYFISH SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE PLAYFISH PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE PLAYFISH SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PLAYFISH PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.

13. General

These Terms of Service are governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

Playfish may assign these Terms of Service, in whole or in part, at any time.

Playfish's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Playfish's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Playfish with respect to such use.

You agree to indemnify and hold the Playfish, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Playfish with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Playfish with respect to the Services.

You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Playfish's failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Playfish of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Playfish shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Playfish. All notices given by you or required under these Terms of Service shall be in writing and addressed to: Playfish Limited, 125 Kensington High Street, London W8 5SF, United Kingdom. Playfish may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in Playfish's account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Playfish's account information.

The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.