We reserve the right to change or modify our privacy practices that are described herein from time to time simply by posting a revised Privacy Policy on this Website. Any such change shall be effective immediately upon posting of the revised Privacy Policy on this Website. We reserve the right to make the revised or changed Privacy Policy effective for information we already have about you, as well as any information we receive in the future. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy practices.

Privacy Policy
Like many websites, we gather information about how visitors use this Website. In general, you can visit many of the web pages on this Website without telling us who you are or revealing any personal information about yourself. We, however, may track your Internet Protocol (IP) address and other anonymous information from your web browser for trends and statistics (including, but not limited to, browser version, pages requested and pages visited), but you will remain anonymous unless you provide us with personal information during your visit to this Website or during an earlier or subsequent visit and we are able to link your IP address between your current visit and one of these other visits.

We also work with service providers who use tracking technologies to serve ads across the Internet or track email communication response rates on our behalf. These companies may collect personal information about your visits to this Website and your interaction with our communications and Website, including advertising.

In addition to anonymous information, we also collect personal information from you at this Website when you voluntarily submit it to us. We request personal information from you (which may include your name, address, telephone number, email address, gender, year of birth, and when necessary, credit card information) when you:
Complete a registration, survey, application or other form; Purchase a product or service from us or from one of our vendors, suppliers or other agents; Sign-up to receive email newsletters or other correspondence; Participate in a promotion, contest, sweepstakes or similar promotional activity; Submit materials to our Website; Request a catalog or other materials from us; and/or Request e-mail, fax, mail, or telephone support or services.

We also collect information about your activities on and through this Website from our third party business partners, suppliers, vendors and other agents.

You may choose not to provide us with any personal information. In such event, you can still access and use many portions of this Website; however, you will not be able to access and use those portions of this Website or the services available on or through this Website that require your personal information.

Using Information
We may use the information we collect to:
Customize and/or personalize your communications, surfing, viewing and/or shopping experience; Better respond to your customer service inquiries; Communicate with you about your purchase, account information, or customer service needs; Communicate with you about our products and events, and for other promotional purposes; Improve our business; Administer contests, promotions, surveys or other website features; Provide technical support to you; and Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.

Disclosure of personal information and/or uploading of content (e.g. pictures, videos, music files, etc.) made voluntarily may become publicly available and may be collected and used by others. Any content voluntarily disclosed may be redistributed through the Internet and viewed by the general public.

Sharing Information
Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent your personal information to any entity with whom we are not affiliated and any third party.

We will disclose your personal information to third parties if you have previously consented to such disclosures and in special circumstances, including, but not limited to, the sale or merger of CDC Games or its assets; the due diligence in connection with a potential sale of CDC Games; any bankruptcy, insolvency or liquidation of CDC Games, or in other similar circumstances.

For the purpose of operating our business and providing you with certain services and products and to process your purchases, shipments and payments, we may disclose your personal information to one or more of our business partners, distributors, suppliers, affiliates, service providers or other third parties who are assisting CDC Games in performing such services. Without limiting the foregoing, these entities may provide CDC Games with credit card processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such entities with the personal information they need to perform their respective services and we use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it.

We also may provide your personal information to other CDC Games-affiliated companies (including, but not limited to, affiliates, subsidiaries and our parent companies) who may use your personal information for any legal purposes whatsoever.

We also may disclose personal information about you upon request by the government; in response to a court order; when required by law or when we believe in good faith is required by law; to enforce our Privacy Policy, terms and conditions or other agreements on this Website; upon your request; or to contact, identify or bring legal action against someone who may be causing injury to or interference with our or others’ rights or property, including but not limited to claims for infringement of intellectual property, invasion of privacy, or situations involving potential threats to the physical safety of any person. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing purposes.

We may also provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever, such as the number of users who searched for a particular term or item, or how many users clicked on a particular item or advertisement. Such aggregated information does not identify you individually.

Protecting Your Information
We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, including the requirement of a unique Username and Password for each user as well as encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, however, no system connected to the Internet can be guaranteed to be 100% secure.

We use commercially reasonable efforts to safeguard and secure the transmission of your personal information from your computer to our computers. When you place orders or access your personal information, we offer the use of a secure server. To the extent you select the secure server method and your browser supports such functionality, all credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.

To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Each user is responsible for maintaining the secrecy of his or her own Password and account information. Also, please review your credit card statement carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.

Cookies
This Website uses cookies. A cookie is a small, removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on this Website and allow us to enhance, facilitate and personalize your online surfing and shopping experience. For example, we use cookies to:
Remember the items in your Shopping Basket; Recognize you when you return to this Website; Enable you to use our one-click checkout; Present relevant content to you when you visit this Website; Analyze visitor behavior; and Facilitate other similar type of activities.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your web browser settings. If you turn cookies off, you won't have access to many features that make your visit to this Website more efficient and enjoyable, and in some cases, some of our services will not function or will function only with limited capability.

Children's Online Privacy
We require all users to provide us with his/her e-mail address or a parent or guardian’s email address in order to set up an account and to register a character in our game. During the set up process, we ask whether the child is under the age of 13. If the child answers yes, we require a parent to establish the account for their child using a parent or guardian’s email address. This is considered a verifiable parental consent by the parent for the child to use this website as required by the Children's Online Privacy Protection Act (“COPPA”). We do not knowingly collect names and email addresses from children under 13. We always require children under the age of 13 to use a parent or guardian’s email address instead.

We use e-mail addresses for the following purposes:
To send a confirmation notice of the child’s character registration and Password information. Upon request, to send the user Password information when the Password has been lost or forgotten. To communicate with the user, regarding any questions, concerns, or problems the user may have. To contact the user about any problem with the user’s account or conduct in the game.

We recognize that young children may inadvertently give out personal information in addition to their e-mail address when contacting us with any questions, problems, or concerns they have encountered while playing the game. We do not collect or use any such additional personal information acquired in this manner unless it is necessary for us to respond to the problem or question or concern. We do not divulge any such information to any third parties unless we are required to do so by law, court order or subpoena.

CDC Games does not sell or knowingly divulge any personal information regarding your child information to advertisers or any other third parties, unless otherwise required to comply with applicable laws, to comply with a court order or subpoena, to enforce our site or game rules, or to protect the safety and security of our users and our Web sites.

Also, please note that we do not condition a child's participation in an online activity on the child providing more personal information than is reasonably necessary for the activity.

Changing or Deleting Personally Identifiable Information About a Child
We would like to assure you that we do not keep any information other than what is listed above. However, parents are welcome to contact us about any personally identifiable information about their child by emailing parents@cdcgames.net. Parents can then request to purge either all or specific portions of that information by e-mailing parents@cdcgames.net.

Email Marketing Practices
We adhere to the highest standards in our email marketing practices. When you choose to opt-into our email communications and submit your email address to us, we will send you an email requesting your confirmation. If you do not click on the confirmation link in the email, you will not be registered to receive our emails. This protects your inbox from unwanted emails should someone else provide your email address, or should you change your mind.

Chat Rooms and Forums
This Website may now or in the future include web logs (i.e., blogs), chat rooms, post-it boards, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or "spam" from others. CDC Games cannot safeguard and is not liable for the privacy of personal information that is disclosed online in this manner.

Other Websites
When browsing this Website, you may be directed to other websites that are beyond our control. These other websites may use cookies and pixel tags, collect data, or solicit personal information. Even though CDC Games may be affiliated or have a business relationship with these websites, we have no control over them or how they collect, distribute or otherwise use your personal information or how they safeguard and secure your personal information. CDC Games is not responsible or liable for the conduct, policies or actions of the owners of such websites or the content displayed on these websites. These websites are linked to this Website only for your convenience and you access them at your own risk.

Change of Ownership
In the event of a merger or acquisition, the sale of a game or Website, or any change of ownership, all of CDC Games' customer information (including email addresses) may be transferred to a separate entity or entities. All CDC Games registered users will be notified via email of any change in ownership, sale, merger or acquisition of CDC Games' assets by a third party. Subscribers may choose to revise any of their registration information at that time.

Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us.

To modify or delete any or all of the personal information you have provided to us, please login and update your profile.

You may unsubscribe from receiving emails, and other correspondence from us including, but not limited to, faxes and U.S. postal service mail, at any time by using the link, or by contacting us using the information, included at the bottom of each email communication. You may also unsubscribe by sending us an email at unsubscribe@cdcgames.net.

In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Terms of Use Agreement, we may retain in our files information you have requested us to remove. Further, your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.

We reserve the right to send you certain communications related to this Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.

Terms and Conditions of Use
CDC Games has a Terms and Conditions of Use Agreement that sets forth the terms and conditions under which we provide products, services and information to you from this Website, and your use of, and access to, this Website. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.

Questions and Feedback
This Website is operated by CDC Games USA.

We may be reached via email at info@cdcgames.net.

We welcome your questions, comments, and concerns about this Privacy Policy and our privacy practices. Please send us feedback pertaining to these matters or any other issue you may have with CDC Games or this Website.

If you feel that we are not following our stated Privacy Policy, you may also contact state or local chapters of the Better Business Bureau, your state or local consumer protection office, or The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or at http://www.ftc.gov/ftc/complaint.htm.

CDC GAMES IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE CDC GAMES TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM CDC GAMES OR ITS AFFILIATES IN CONNECTION WITH THE CDC GAMES TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE CDC GAMES TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE CDC GAMES TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM CDC GAMES.

Authority By accessing, subscribing, downloading and/or otherwise using the CDC Games Technology, you (a) certify that you are at least 13 years of age, or if you are not 13, an authorized parent or guardian will provide verifiable consent to your use of the CDC Technology, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of CDC Games that may be published within the CDC Games Technology or this Website. If you are under the age of 13, you are required to obtain the verifiable consent of a parent or guardian to use the Website as more fully set forth in our Privacy Policy.

Intellectual Property The CDC Games Technology is owned or licensed and operated by CDC Games and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2008 CDC Games. All rights reserved. The compilation and arrangement of all content, data and other information found within the CDC Games Technology is also the sole and exclusive property of CDC Games and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the CDC Games Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to CDC Games and its licensors and fully protected under U.S. and international intellectual property laws.

Use of the CDC Games Technology Subject to the terms and conditions set forth herein and any third party restrictions, CDC Games grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the CDC Games Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the CDC Games Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the CDC Games Technology; provided you retain all CDC Games copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by CDC Games and CDC Games disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the CDC Games Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the CDC Games Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the CDC Games Technology, or any part thereof, including, but not limited to, using any part of the CDC Games Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the CDC Games Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of CDC Games, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use CDC Games Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using CDC Games Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the CDC Games Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, , worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the CDC Games Technology or servers or networks connected to the CDC Games Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the CDC Games Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the CDC Games Technology by any means other than through the interface that is provided to you by CDC Games for use in accessing the CDC Games Technology.

By posting information or other materials on this Website or within the CDC Games Technology or by making such information available for downloading by you, CDC Games does not waive any proprietary right in and to the CDC Games Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the CDC Games Technology except for the limited license expressly granted herein.

Submissions Any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to CDC Games through the CDC Games Technology (“Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing them, unless otherwise agreed by you and CDC Games USA. By submitting your Submissions to CDC Games, you hereby grant CDC Games and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the CDC Games Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, distribute, perform, publicly perform, create derivative works of, and display your Submission as allowed by the Website and in accordance with these Terms and Conditions of Use.

Any Submission you provide to CDC Games will be deemed public information and not subject to any confidentiality obligation and CDC Games shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, CDC Games’ Privacy Policy shall govern CDC Games’ use of such information.

By making a Submission, you waive the right to make any claim against CDC Games, LLC or any of its respective parents, subsidiaries, affiliates, successors, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall contain visual depictions of persons who were at least 18 years of age when said visual depiction was created, (d) shall not be fraudulent or involve counterfeit or stolen information or items, (e) shall not violate any law, statute, ordinance or regulation, and (f) shall not create any liability for CDC Games or any of its respective parents, subsidiaries, affiliates, successors, employees, agents, directors, officers, and shareholders related to the Submission. You also agree to maintain and promptly update your Submissions by means of the CDC Games Technology in order to keep that information true, accurate, current and complete.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CDC Games to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by this Agreement.

Participation Disclaimer CDC Games does not and cannot review all Submissions posted to or created by users accessing the CDC Games Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the CDC Games Technology (including, but not limited to, this Website), CDC Games is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though CDC Games may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, CDC Games reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to CDC Games in its sole discretion.

Trademarks Any and all trademarks displayed within the CDC Games Technology are owned by CDC Games, its licensors or its affiliates, or are the property of third parties, in which case CDC Games makes no claim of ownership rights therein.

Confidentiality At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of CDC Games. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to CDC Games or its licensors, including, but not limited to, all parts of the CDC Games Technology and any other materials or information related to the business or activities of CDC Games that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer YOU ACCESS AND USE THE CDC GAMES TECHNOLOGY AT YOUR SOLE RISK. THE CDC GAMES TECHNOLOGY IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CDC GAMES DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. Without limiting the foregoing, CDC Games does not represent or warrant that (a) the CDC Games Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the CDC Games Technology will be corrected, (c) the CDC Games Technology or the servers that operate the CDC Games Technology are free of viruses or other harmful components, (d) the data, results and information within the CDC Games Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the CDC Games Technology will meet your needs, requirements or expectations.

CDC Games may make changes to the content within the CDC Games Technology or to the products or services described in it, at any time without notice to you. Further, CDC Games assumes no liability or responsibility for any errors or omissions in the content within the CDC Games Technology. The materials in the CDC Games Technology may be out of date or inaccurate, and CDC Games specifically disclaims any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the CDC Games Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.

You acknowledge and agree that CDC Games shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by CDC Games. You acknowledge and agree that CDC Games shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the CDC Games Technology provided by any other user of this Website or any third party licensors or suppliers of CDC Games.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the CDC Games Technology, and no warranties shall apply after such period.

Limitation of Liability NEITHER CDC GAMES, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE CDC GAMES TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CDC GAMES TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE CDC GAMES TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE CDC GAMES TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE CDC GAMES TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE CDC GAMES TECHNOLOGY WHETHER OR NOT CDC GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL CDC GAMES’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO CDC GAMES FOR ACCESS AND USE OF THE CDC GAMES TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH CDC GAMES TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to CDC Games Technology You shall be responsible for obtaining access to the CDC Games Technology and for all equipment necessary to access the CDC Games Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the CDC Games Technology, including, without limitation, all telephone, equipment, airtime and Internet service provider charges, and associated taxes.

Passwords and Your Obligations You may be asked to register as a member on certain pages or services within the CDC Games Technology and to select a unique Username and Password in order to be able to access your account and use any of the CDC Games Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your Username and Password and shall be responsible for all uses of your Username and Password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify CDC Games in writing of any breach of security, including, without limitation, unauthorized use of your Username or Password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your Username and Password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and Password via email to support@cdcgames.net.

Security The CDC Games Technology resides on the public Internet. CDC Games uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to CDC Games and any information stored on servers controlled by CDC Games. Notwithstanding these efforts, CDC Games cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the CDC Games Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the CDC Games Technology, overloading, “flooding,” “mailbombing” or “crashing” the CDC Games Technology. Violations of system or network security may result in civil or criminal liability. CDC Games reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Representations Subject to the terms and conditions set forth herein, you may use the CDC Games Technology only for lawful purposes. The CDC Games Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the CDC Games Technology and to your Submission.

Indemnification You agree to indemnify, defend, and hold harmless CDC Games, its parent company, successors, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors, and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the CDC Games Technology; and (d) any use of your Submission by CDC Games or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive these Terms and Conditions of Use and your use of the CDC Games Technology.

Termination You agree that CDC Games, at its sole discretion, may terminate or suspend your access to and use of the CDC Games Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if CDC Games believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. CDC Games reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the CDC Games Technology (or any part thereof) without notice. You agree that CDC Games shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the CDC Games Technology. Your obligations under this Agreement shall continue even after CDC Games has terminated and/or cancelled this Agreement or your access to the CDC Games Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to CDC Games for use of your Submission.

Resale Prohibited Products sold from this Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, CDC Games reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & Specifications The CDC Games Technology (including, but not limited to, this Website) attempts to display product images shown through it as accurately as possible. However, CDC Games is not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the CDC Games Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the CDC Games Technology (including, but not limited to, this Website) are subject to change at any time without notice. Weights and measures are approximate.

Applicability of Content This Website is intended for residents of the United States and is operated in the State of Georgia, United States of America. CDC Games makes no representation that the content provided through the CDC Games Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access our CDC Games Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the CDC Games Technology, you may not view or use the CDC Games Technology.

Privacy Policy We realize that you are concerned about how the information you provide online will be used. CDC Games has a Privacy Policy that discloses what information CDC Games collects about you, how CDC Games uses such information, the steps CDC Games takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Website and is incorporated herein by this reference. Please read our [ ****BILL: INCLUDE LINK TO PP, PLEASE**** ] Privacy Policy for more details.

Jurisdiction This Agreement shall be governed and construed in all respects by the laws of the State of Georgia, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the CDC Games Technology (including, but not limited to this Website) is deemed a passive website that does not give rise to personal jurisdiction over CDC Games or its successors, either specific or general, in any jurisdiction other than the State of Georgia. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CDC Games Technology, and purchases of products and/or services through the CDC Games Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Georgia or the United States District Court for the Northern District of Georgia for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

CDC Games Intellectual Property Notice CDC Games has designated the person listed below as its agent to receive notifications of alleged copyright infringement on this Website. CDC Games respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CDC Games’ IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act) (the “Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the CDC Games Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please provide the CDC Games' IP Agent with substantially the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the “Counter Notice”): (a) a physical or electronic signature of the subscriber of the CDC Games Technology; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

CDC Games' IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at info@cdcgames.net.

Order of Preference This Agreement governs your use and access to the CDC Games Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with CDC Games. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the CDC Games Technology, conflicts with any provision of your other agreements with CDC Games, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites The CDC Games Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of CDC Games). CDC Games has no control over and is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by CDC Games. CDC Games has no ability to censor or edit the content of any Third Party Sites. CDC Games hereby disclaims any and all liability arising from your use of or access to any of the Third Party Sites, including but not limited to, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, CDC Games does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is CDC Games liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of CDC Games and Third Party Sites may provide less security than CDC Games. Without limiting the foregoing, the CDC Games Technology may contain offers from CDC Games for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the CDC Games Technology, including, but not limited to, price, color, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the CDC Games Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. CDC Games is not responsible or liable for any such differences or discrepancies.

Revisions and Consents CDC Games reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. CDC Games also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the CDC Games Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website. By continuing to enter this Website and/or using the CDC Games Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.

Entire Agreement This Agreement constitutes the entire agreement between you and CDC Games with respect to the subject matter addressed herein, and governs your access to and use of the CDC Games Technology, superseding any prior agreements between you and CDC Games relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with CDC Games pursuant to your enrollment and/or participation in other features of the CDC Games Technology.

Arbitration Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the Parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Atlanta in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

Electronic Delivery Policy and Your Consent By using the CDC Games Technology, you consent to receive from CDC Games all communications including notices, agreements, legally required disclosures or other information in connection with the CDC Games Technology (collectively, “Contract Notices”) electronically. CDC Games shall provide such electronic Contract Notices by posting them on this Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the CDC Games Technology.

General Provisions If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

CDC Games’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. CDC Games may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of CDC Games. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Last Updated: January 26, 2008