TERMS OF SERVICE

“Human Readable Terms and Conditions”

We are delighted that you have chosen to play Creature Quest! The Terms of Service outlined in greater detail below as well as the Privacy Policy linked below will govern your use of the game and VCME Services (as defined below) and will form a binding agreement between you and VCME. The following are some of the key terms applicable to your use of the Services:

·         You agree to all charges made on your Account (Section 2.2)

·         All purchases made are non-refundable (Section 2.1)

·         When downloading and using the game, you will have to agree to third party service provider terms and conditions (i.e. app store terms and conditions) (Section 1.5)

·         Your access to the game may be terminated at any time if you violate any of VCME’s rules and regulations (Section 1.7)  

1. USE OF THE SERVICE

1.1. Governing Agreement

The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and VC Mobile Entertainment, Inc. (hereinafter "Company" or "us" or "we") regarding your use of VCME’s games, applications and related services, including, but not limited to applications and games for mobile devices as well as VCME websites (the "Service" which is further defined in the VCME Privacy Policy, which is part of these Terms).  These Terms also include and incorporate by reference VCME Privacy Policy and other legal notices and policies posted by VCME relating to the Service.  In this agreement, "VCME" means VC Mobile Entertainment, Inc., located at 6701 Center Drive West, Suite 525, Los Angeles, CA 90045.  “VCME” includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

1.2. Privacy Policy

Use of the Service is also governed by VCME's Privacy Policy, which is incorporated herein by reference as set forth above. Your privacy is important to us. We designed VCME's Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Service to share such information with others.  We encourage you to read the VCME Privacy Policy carefully and use it to make informed decisions.

By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in VCME’s Privacy Policy.

1.3. Updates to the Terms of Service and VCME Privacy Policy

VCME reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and Privacy Policy at any time by posting the amended Terms on or within the Service. We may, in our sole discretion, provide additional notice, such as an e-mail message or messaging within the Service, of any changes, but it is your responsibility to periodically check the Terms of Service and Privacy Policy for changes.  You will be deemed to have accepted any changes to the Terms by continuing to use the Service. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted. VCME may also revise other policies, codes or rules at any time, and the new versions will be available at http://vcmobile.net/ or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which VCME had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the VCME Privacy Policy, or any other VCME policy, rules or codes of conduct relating to your use of the Service, you must immediately stop using the Service.

To the extent the Terms of Service or VCME Privacy Policy conflict with any other VCME terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the VCME Privacy Policy shall govern.

1.4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant VCME policies, VCME grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations contained herein, to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

1.5. Accessing the Service

You will be required to have a valid account (an "Account") on a third party site or service (“TPS”) such as the applications provider for your mobile device or social networking service ("SNS") through which you connect to the Service.  You warrant that you are over the age of 13 and not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

VCME may make the Service available through third party sites, platforms or services, including Facebook, Apple, Google, or others. In order to access the Service through those third parties, you may be required to agree to their separate terms and conditions. If such consent is required and you choose to withhold it, then you may be denied use of the Service through those third parties notwithstanding your agreement to abide by VCME’s Terms of Service. Moreover, if we provide the Service solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, your right to use the Service under VCME’s Terms of Service will terminate.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

1.6. Account Information

Any information related to your Account and shared with VCME will be held and used in accordance with VCME's Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use.

1.7. Use of the Service and License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted herein and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY VCME GAME IS A VIOLATION OF VCME POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

·         Engage in any act that VCME deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;

·         Make improper use of VCME’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or

·         Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

·         use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals

·         Use the Service to engage in any illegal conduct

·         Use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam and spam) to anyone

CHEATING AND HACKING - You agree that you will not, under any circumstances:

·         Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any VCME game experience;

·         Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any VCME game experience;

·         Without VCME’s express written consent, modify or cause to be modified any files that are a part of the Service;

·         Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any VCME game environment (each a "Server"); or (2) the enjoyment of the Service or any VCME game by any other person;

·         Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or

·         Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by VCME, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:

·         Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

·         Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

·         Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including VCME employees, including VCME’s customer service representatives; or

·         Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a VCME employee;

COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:

·         Without VCME’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

·         Use the Service or any part thereof for performing in-game services, such as leveling-up and item collection services, in exchange for payment outside the Service; or

·         Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:

·         Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;

·         Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about VCME game characters, elements, or environment. VCME may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

·         Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

·         Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         Bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

·         Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by VCME;

·         Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by VCME; or

·         Copy, modify or distribute rights or content from any VCME site or game, or VCME’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances:

·         Solicit or attempt to solicit personal information from other users of the Service;

·         Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or

·         Upload or transmit or attempt to upload or transmit, without VCME’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

1.8. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, VCME MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR VCME SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND VCME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

VCME reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, VCME shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

1.9. Ownership

1.9.1. Games and Service

The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a VCME game client, and the VCME game clients and server software) are copyrighted works owned by VCME. VCME reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. VCME owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any VCME game, whether “earned” in a game or “purchased” from VCME, or any other attributes associated with an Account or stored on the Service.

 1.9.2. Virtual Items

In the Service, with real currency, you may "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items").

VCME prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by VCME in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without VCME’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Virtual Items may not be redeemed for real cash, goods, or other items of value from VCME or other third parties, and all purchases of Virtual Items are final, nonrefundable, nontransferable, and nonexchangeable except in VCME’s sole discretion.  Prices and availability of Virtual Items are subject to change at any time without notice, and VCME reserves the right to modify or eliminate any or all Virtual Items at any time with or without notice.  

1.9.3. User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a VCME game client or the Service, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by VCME in accordance with its Privacy Policy.

You own your User Content. You hereby grant VCME and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, 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, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use user posted content (except any content you submit in response to VCME promotions and competitions or any other content specifically solicited by VCME) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

You are entirely responsible for all User Content you post or otherwise transmit via the Service. VCME assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.

We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.

1.10. User Interactions

1.10.1 Member Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or VCME games. VCME reserves the right, but has no obligation, to become involved in any way with these disputes.

1.10.2 Release

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

2. FEES AND PURCHASE TERMS

2.1. Purchases

You do not in fact "own" the Virtual Items purchased; rather, you hold a limited license to use the Virtual Items in connection with the Service.  The amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent.  The purchase and sale of the limited license to use Virtual Items referred to in these Terms of Service is a completed transaction upon receipt of your payment. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

PURCHASES TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.

VCME may keep records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook or other TPS, you are agreeing to that TPS’ terms of service and VCME is not a party to the transaction.

Your license to Virtual Items for use in VCME games is a service provided by VCME that commences upon acceptance by VCME of your purchase. By ordering a license to use Virtual Items you agree and accept that VCME will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from VCME, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.

2.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. VCME may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT VCME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

3. THIRD PARTY ADVERTISING

3.1. Third Party Advertisements

You understand that the Service and VCME games may feature advertisements from VCME or third parties. VCME's disclosure of information for third party advertising is addressed in VCME’s Privacy Policy.

3.2. Links to Third Party Sites and Dealings With Advertisers

VCME may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. VCME makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of VCME and may collect data or solicit personal information from you. VCME is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by VCME of these linked sites.

4. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. VCME may require that you accept updates to the Service and to VCME’s games you have installed on your computer or mobile device. You acknowledge and agree that VCME may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play VCME’s games.

5. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

5.1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER VCME NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "VCME PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

5.2. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE VCME PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE VCME PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE VCME PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE VCME PARTIES BE LIABLE TO YOU FOR MORE THAN $500.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF VCME.

5.3. Indemnification

You agree to indemnify, save, and hold VCME, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. VCME reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VCME, and you agree to cooperate with VCME’s defense of these claims. VCME will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

6. DISPUTE RESOLUTION

6.1. Arbitration

If a dispute arises between you and VCME, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team.  If any dispute cannot be settled informally, you and VCME agree to resolve any claim or controversy at law or equity relating to this Agreement or the Service (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

6.2. Applicable Law

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or VCME’s exercise of its equitable rights or remedies set forth herein.

6.3. Improperly Filed Claims

All claims you bring against VCME must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 6.1 or 6.2 shall be considered improperly filed. Should you file a claim contrary to Sections 8.1 or 8.2, VCME shall be entitled to recover attorneys' fees and costs up to $5,000, provided that VCME has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

7. SEVERABILITY

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

8. GENERAL PROVISIONS

8.1. Assignment

VCME may assign or delegate these Terms of Service and/or the VCME Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without VCME’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

8.2. Supplemental Policies

VCME may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

8.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including VCME’s Privacy Policy), contain the entire understanding of you and VCME, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

8.4. Language of the Terms of Service

If we provide you with a translation of the English language version of these Terms of Service, the VCME Privacy Policy or any other policy (collectively “VCME Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the VCME Policies.

In the event of a conflict between a translation of the VCME Policies and the English version, the English version of the VCME Policies will control.

8.5. No Waiver

The failure of VCME to require or enforce strict performance by you of any provision of these Terms of Service or the VCME Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of VCME's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by VCME of any provision, condition, or requirement of these Terms of Service or the VCME Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by VCME shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of VCME.

8.6. Notices

We may notify you via postings on http://vcmobile.net/, and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service or the VCME Privacy Policy shall be in writing and addressed to: VC Mobile Entertainment, Inc., 6701 Center Drive West, Suite 525, Los Angeles, CA 90045.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

8.7. Equitable Remedies

Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, VCME has the following equitable rights and remedies.

You acknowledge that the rights granted and obligations made under these Terms of Service to VCME are of a unique and irreplaceable nature, the loss of which shall irreparably harm VCME and which cannot be replaced by monetary damages alone. Accordingly, VCME shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any VCME game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 5.2 (if any).

8.8. Force Majeure

VCME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VCME, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond VCME’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.