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SLANT SIX GAMES INC.

PRIVACY POLICY NOTICE

Effective Date: November 16, 2012 / (Last Updated November 16, 2012)

Protecting Your Privacy

Slant Six Games Inc. ("Slant Six") provides interactive software products ("Games") under its "Slant Six" brand name via online services such as Apple iTunes App Store, Google Play Store, Amazon Appstore for Android and Samsung Appstore, and owns and operates various websites and their subdomains including but not limited to www.slantsixgames.com (our "Sites") to provide access to information about Slant Six, the Games, message boards, head to head match play or provide technical support to Slant Six customers (our "Content").

We are committed to protecting the privacy of all people who interface with our products and our website. Being a Canadian company, we comply with Canada's Federal Personal Information Protection and Electronic Documents Act (2000) and British Columbia's Personal Information Protections Act (2003). Additionally, we seek to comply with acts from the United States of America, which are: COPPA, the United States' Children's Online Privacy Protection Act, and CAN-SPAM, which covers the transmission of commercial email messages with the primary purpose of advertising or promoting a product. For European residents, we also seek to follow the E.U. Data Protection Directive (95/46/EC).

This Privacy Policy Notice outlines how we intend to collect, use and manage the protection of your personal information. Please read this Privacy Policy Notice, and contact us if you have any questions. By registering or accessing this website and/or any of our Games, you agree that we may collect, use and process your data in accordance with the following this Privacy Policy Notice and that you will abide by our Terms of Use (located at: www.slantsixgames.com/privacy). BY ACCESSING THIS WEBSITE AND/OR USING ANY GAMES, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THE TERMS OF THIS PRIVACY POLICY AND YOU AGREE AND UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE AND/OR ANY GAME.

We may update this Privacy Policy Notice and if we do, we will post a notice on www.ibis.jp that changes have been made.

What Personal Information Do We Collect? Why Do We Need It? How Long Do We Keep It?

In the course of conducting business as a developer of computer games, we may occasionally receive correspondence from you including personally identifiable information, such as names, emails, postal addresses, and/or telephone calls with names and numbers to return calls. We use this information to respond to your correspondence or call, and will log the contact and any information provided in a password protected database on our secure servers which has restricted access. We will not send you any marketing or other communication without your explicit consent or request to do so, with the exception of messages sent through channels you have signed-up for on this website (e.g. E-mail newsletters) and/or in connection with one of our Games (e.g. Fan Pages or status updates on social networking sites).

When you access our Sites or purchase, download or install a Game, we may also collect "General Information" from you such as, but not limited to, a device identifier, MAC address, IMEI, user ID, geo-location, as well as personal information about you, such as log-in credentials, name, and email address, gender, birthday, profile picture URL, and the user IDs of your friends who have also connected with the Game. All General Information is used for the primary purpose of providing the Game service.

On occasion we may also use your General Information and/or newsletter subscriptions for the secondary purpose of notifying you of service notices (like an updated privacy notice), new product releases, and to ask for your input and opinions about our Games.

During the process of playing our Games you may choose to share personal information about yourself through the Game. Please be careful to use discretion, as personal information shared with other players is visible to the public and will not be kept private. Based on the related terms of use on your social networking site account or account with an online service such as Apple iTunes App Store, Google Play Store, Amazon Appstore for Android and Samsung Appstore, actions that are designated visible for "everyone" may be collected by us. When friends invite you to play one of our Games, or vice versa, we may collect the email addresses, content and other data from those messages in order to send invitation reminders.

We may also collect and look at combined non-personally identifiable data of players' activities, including but not limited to session lengths, browser versions and click-thru rates on features or third party services in order to improve the Game experience. By downloading or using our Games, you consent to our collection and use of such non-personally identifiable data beyond the cancellation or deletion of the Game on your account.

Finally, we keep your personal information only as long as we need it for the purposes for which we collected it, or as permitted or required by applicable law.

Who Do We Share Information With?

We share statistics of each user's activities and data within reports that are used internally and externally by our publishing and distribution partners to analyze the Game, its features and performance. Similarly, we may also quote from a forum post, news feed, or show a screenshot from a user's Game session without prior notice to you provided that we are not disclosing any personally identifiable information.

Unless we are required to provide your personal information to others by law, by court order, or to investigate suspected fraud or other unlawful activity, your personally identifiable information will only be seen or used by persons working in our offices or for us or by our third party partners as described below. We do not sell or rent your personally identifiable information to any third party, although non-personally identifiable information may be used to assist advertisers in targeting their services to specific user demographics. For example, we may provide third party advertisers in an aggregate, anonymous format with the number of males of a certain age in a specific country who are playing one of our Games.

We may transfer your personally identifiable information in the event another entity merges with or acquires substantially all of the company's assets or in the event we license or transfer the operation of one of our Games to another company. In either event, we will post a notice on this website prior to the transfer of your personally identifiable information in an updated Privacy Policy Notice and if possible in the Game.

We may share General Information about you with our partners for use in connection with services performed by such parties on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts related to our Games. General Information about you that is shared with our partners will be held by such parties in accordance with each such partner's privacy policy.

Is My Information Secure?

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

Does My Information Go Across Borders?

We use third party servers in the United States to host some or all of our Games and we use our own servers at our facilities in Canada to store information and archives. These third party servers may be located in diverse geographic areas located outside of Canada and outside your country of purchase and such countries may have different data protection laws and/or privacy laws than the laws identified at the top of this Privacy Policy. By downloading or using our Games, you consent to having your General Information and non-personally identifiable user activity data transferred and processed as described herein.

Is Sensitive Information Collected?

We do not ask you to provide any "sensitive information" as a requirement to use our website or any of our Games. "Sensitive Information" means any personal information related to health, race, ethnicity, political views, religion, professional status, philosophical view, and trade or union affiliation. Sensitive Information that you disclose to "everyone" on a discussion forum or through a social networking site in connection with a Game may be collected and held by us in accordance with this Privacy Policy Notice. We do not use or share Sensitive Information with third parties. Please contact us if you have any questions or concerns about any Sensitive Information that you may have disclosed to us or to other users during your use of a Game that we may have collected. We do collect non-personally identifiable information regarding Game usage including but not limited to the top country, city and language by aggregate usage as provided by the social networking sites.

Can I Check What Personal Information Is Held About Me?

You have the right to see what personally identifiable information we hold about you if you request it. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide you with this information.

What Happens When I Remove A Game or Unsubscribe From A Newsletter? Can I Opt Out of Analytic Tracking Services?

You have the ability to opt-out of: receiving information and marketing emails from us; publishing your recent Game activity to your social networking site page; bookmarking or displaying the Game page to others, and of course the ability to delete our Game and rescind any permissions required to operate such Game, at any time.

Slant Six Games uses Flurry analytics tool in order to develop and analyze use of the Services. When we use the services of Flurry, Inc. ("Flurry") to collect data from our users and provide advertising services, you can opt-out of Flurry Analytics tracking and personalized ads/recommendations from Flurry by clicking here www.flurry.com/user-opt-out. You can then type in the device identifier and/or MAC address and select your phone type. This opt-out is specific to Flurry activities only and if you opt-out, Flurry will stop tracking data for the device identified by the provided MAC address and/or device identifier going forward. The Flurry Analytics tracking will stop across all applications within the Flurry network. In addition, Flurry will stop providing personalized recommendations to the device identifier and/or MAC address across all publishers. Also included in some games is an mobile ad tracking and reporting tool by Grow Mobile. For more information on their privacy policy and information to opt-out of their service, please follow this link: www.growmobile.com/privacy_policy

It is our responsibility to keep accurate, complete and up-to-date records, so any changes you make in the Game regarding your personally identifiable information will go into effect as quickly as technically possible. We reserve the right to retain the non-personally identifiable data collected during your use of the Game.

We also reserve the right to delete messages, content and accounts in whole or in part, at our discretion, that we find offensive to the general public, uses profanity, causes complaints from other users, is not suitable for a general audience or infringes the intellectual property rights of any third party. For example, talk of drugs, alcohol, violence, strong language, gambling, crude humor, sexual themes or is suggestive in nature is prohibited.

Children Under the Age of 13

We do not knowingly collect personal information from children under the age of 13, and if you are under the age of 13, you are not allowed to play our Games or register with our website without parental consent. If we discover that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. We encourage parents to spend time online with their children and urge parents to instruct their children to never give out their real names, e-mail addresses or phone numbers without parental permission when using the Internet.

If you believe that we have collected information on a child under the age of 13 from the Internet via our Games, newsletters or website, we ask that you contact us so that we can delete that information or to provide parental consent. Please email us at privacyofficer@slantsixgames.com or via our physical details below.

What are Cookies and Web Beacons?

Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personally identifiable information. We collect information on what Games are played, how much time is spent playing the games and which ads or links are clicked by you. Some of our Games use an outside ad company to display ads. These ads contain cookies. Cookies received with banner ads are applied by our ad companies, and we do not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent.

We (or our partners) may also collect information using Web beacons. Web beacons or "gifs", are electronic images that may be used on our Site, in our Games, or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon.

Please note that this Privacy Policy covers the use of cookies web beacons by us only and does not cover the use of cookies and web beacons by any advertisers who may link to our website or Games.

Third Party Sites

Our Sites and Games may contain advertising or services which link to other websites such as Twitter, Facebook, Apple and Flurry. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave our website or the Game you are playing and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices to which we adhere. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to our website or Games, you should consult that website's privacy policy before providing any personal information.

Contacting Us

For enquiries regarding this Privacy Policy Notice and personal information, please contact:

By Email: privacyofficer@slantsixgames.com

By Mail:
Slant Six Games Inc.
Privacy Officer
3rd Floor, 1523 West 3rd Avenue
Vancouver, BC, V6J 1J8
Canada

By Phone: (604) 637-9800

California Residents: Your California Privacy Rights

Under the laws of the State of California (US), California Residents who have an established business relationship with us may choose to opt out of our disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacyofficer@slantsixgames.com.

TERMS OF USE

Effective Date: November 16, 2012 / (Last Updated November 16, 2012)

Slant Six Games Inc. ("Slant Six") provides interactive software products ("Games") under its "Slant Six" brand name via online services such as Apple iTunes App Store, Google Play Store, Amazon Appstore for Android, Samsung Appstore, and owns and operates various websites and their subdomains including but not limited to www.slantsixgames.com and (our "Sites") to provide access to information about Slant Six, the Games, message boards, head to head match play or provide technical support to Slant Six customers (our "Content"). Please read the following terms and conditions ("Terms of Use") carefully. These Terms of Use govern your access to and use of our Games, Sites and Content (defined below) and set forth the legally binding terms for your use of the Games and Content.

BY ACCESSING OR USING OUR SITES OR BY PURCHASING, DOWNLOADING AND/OR INSTALLING A GAME, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS OF USE AND YOU AGREE AND UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THESE TERSM OF USE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY LOCATED AT www.slantsixgames.com/privacy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SITES, GAMES OR CONTENT. Additional terms and conditions set forth in the applicable End User License Agreement may apply to your use of the Sites or Game and such terms along with these Terms of Use shall apply. In case of any conflict between any End User License Agreement and these Terms of Use, such End User License Agreement shall control. We reserve the right to amend these Terms of Use in any and all respects at any time. IF YOU ARE NOT AT LEAST 13 YEARS OLD AND/OR YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY (1) REFRAIN FROM USING THE SOFTWARE AND ANY OTHER MATERIALS ASSOCIATED WITH THE SOFTWARE, (2) COMPLETELY DELETE ALL COPIES OF THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER.

We reserve the right to modify or discontinue the Sites, Games or Content in any and all respects. You agree to check www.slantsixgames.com/privacy periodically for new information and terms that govern your use of our services. Revisions to terms affecting existing services shall be effective thirty (30) days after posting at www.slantsixgames.com/privacy Terms for new services are effective immediately upon posting at www.slantsixgames.com/privacy

Certain Definitions

Certain types of content are made available through the Sites and/or Games. "Content" includes, but is not limited to, the software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Sites or Games, including their look and feel attributes, as well as the design and appearance of the Sites, the Slant Six trademarks and logos and other content made available through the Sites and Games. "User Content" means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Sites or Games, including through use of any widget.

Intellectual Property Rights

The Sites, Games and Content are owned by Slant Six or Slant Six's third party licensors and are protected by Canadian and international copyright laws, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized to do so. You do not acquire any ownership rights in our Sites, Games or Content by using the Sites, Games or Content.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content or Games. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Games or Content. We reserve all rights in our Sites, Games and Content that are not expressly granted to you in these Terms of Use. Making unauthorized copies of Games and/or Content found on the Sites will result in the termination of your rights to use the Sites and Games and further legal action. We or our licensors may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold us harmless from any unauthorized or illegal conduct by you, or through the use of the Sites or Games.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sites, Products and Content ("Feedback"). You may submit Feedback by emailing us at support@slantsixgames.com or through the Contact section of the Sites. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to Slant Six and agree to irrevocably assign to Slant Six all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Contributing Third Party Content

We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites or Games. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our or a third party's intellectual property rights, we may terminate your right to access the Sites or Games without notice to you. If your access is terminated to the Sites or Games as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid.

Takedown Procedure under the U.S. Digital Millennium Copyright Act

We have adopted and implemented a policy respecting the U.S. copyright law that provides for the removal of User Content that infringes the rights of third parties and, in appropriate circumstances, disabling access to the Sites and/or Games and/or Content of users who are infringers of intellectual property rights, including copyrights under U.S. law. If you believe that one of our users is, through the use of one of our Games or Sites, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from our web site(s), the following information in the form of a written notification (pursuant to 17 U.S.C. - 512(c)) must be provided to our designated Copyright Agent:

  1. Identification of the copyrighted work(s) that you claim to have been infringed;
  2. Identification of where the infringing material is located on our Sites or Products;
  3. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
  4. A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner;
  5. Your address, telephone number, and e-mail address; and
  6. Your physical or electronic signature.

Please note that pursuant to 17 U.S.C. - 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by Slant Six in connection with the written notification and allegation of copyright infringement. Our designated Copyright Agent is copyright@slantsixgames.com.

Contributing User Content; License Grant to Slant Six

When you contribute User Content to the Sites or a Game, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.

Third Party Services

The Sites and Games may contain or link to third-party websites or resources ("Third Party Services"). You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such Third Party Services or (ii) the content, products, or services on or available from such websites or resources ("Third Party Materials"). Links to such Third Party Services do not imply any endorsement by us of such Third Party Services or Third Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services or websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Sources or Third Party Materials. Third Party Services, Third Party Materials and links to other websites are provided solely as a convenience to you.

Sweepstakes and Contests

We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Sites and Games. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Sites and Games, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Privacy

Personal information gathered in connection with your use of the Sites or Game, submitted with User Content or upon entry into Promotions shall be held by Slant Six in compliance with Slant Six's Privacy Policy, which is incorporated herein by reference. See our Privacy Policy at www.slantsixgames.com/privacy for information and notices concerning our collection and use of your personal information. If you have any questions about our Privacy Policy, please contact us at privacyofficer@slantsixgames.com. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Sites or Game, you should consult that site's privacy policy before providing any personal information.

Rules of Conduct

By agreeing to these Terms of Use you acknowledge that you may not:

  • Post, transmit, promote, or distribute User Content that is illegal.
  • Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
  • Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
  • Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, "spamming" or flooding (posting repetitive text).
  • Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
  • Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.
  • Attempt to get a password, account information, or other private information from any user.
  • Upload any software or User Content that you do not own or have permission to freely distribute.
  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
  • Upload files that contain a virus or corrupted data.
  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
  • Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
  • Modify any part of the Sites, Game or Content that we do not specifically authorize you to modify.
  • Post or communicate any other player's real-world personal information through the Games.
  • Attempt to interfere with, hack into or decipher any transmissions to or from our servers.
  • Attempt to use Games on or through any service that is not controlled or authorized by us.
  • Interfere with the ability of others to enjoy playing a Game or take actions that interfere with or materially increase the cost to provide Games for the enjoyment of all its users.

Specific Third Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites or Games.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Slant Six at support@slantsixgames.com.

Termination

We reserve the right to terminate your access and to prevent your use of any and all Sites or Games if you engage in illegal activity or violate these Terms of Use. We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Sites and Game security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Sites, Games or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Sites and Games, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Slant Six reserves the right, at any time and without prior notice, to remove or disable access to any Content or other content, including any User Content, that we, in our sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Sites or Games.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES, GAMES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, GAMES AND CONTENT AND ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITE OR PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SLANT SIX GAMES INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES AND CONTENT AND ANY THIRD PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES OR THIRD PARTY SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSEES BE LIABLE FOR PERSONAL INURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to defend, indemnify, and hold us and our employees, representatives, agents and licensees harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to us, your access to or use of our Sites, Games or Content, or your violation of these Terms of Use.

Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to seek equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of Canada without regard to its conflict of laws provisions. Any dispute, claim, disagreement or controversy arising out of or relating to this Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate ("Dispute"), shall be determined in accordance with this Section. You agree that, by accepting these Terms of Use, you and we are each waiving the right to a trial by jury or to participate in a class action. In the event of a Dispute, You agree that such Dispute shall be resolved in the following manner:

  1. First, by direct negotiation between you and our representative with authority to settle the Dispute. The party claiming that there is a Dispute must notify the other party in writing, giving full details of the claim and the specific relief sought (the "Dispute Notice"). Following receipt of the Dispute Notice, our representative shall attempt to contact you by e-mail or telephone to try to resolve the Dispute in good faith within thirty (30) days of receipt of the Dispute Notice. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
  2. If the Dispute is not resolved by the foregoing negotiations within thirty (30) days, then the Dispute shall be submitted to binding arbitration as follows: (i) if you are a resident of the United States, Canada or Mexico, in Vancouver, British Columbia, Canada, under the auspices of British Columbia International Commercial Arbitration Centre ("BCICAC") and in accordance with the rules of BCICAC's arbitration rules and procedures; or (ii) if you are a resident elsewhere, in London, England, under the auspices of JAMS International ("JAMS"), in accordance with the rules of JAMS' Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Conditions, including Rules 16.1 and 16.2 of those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the rules of BCICAC or JAMS, as applicable.
  3. The arbitrator shall be appointed by BCICAC or JAMS, as applicable, in accordance with its rules. The arbitrator shall serve as neutral, independent and impartial arbitrator. The arbitrator shall be a retired judge or attorney with at least ten (10) years practice advising clients in the internet or e-commerce industry. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except for the initial filing fee if you file a Dispute, we will pay all other filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Dispute Notice is frivolous or brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b) or corollary statute under the laws of the Canada and the European Union, as applicable), then the payment of all such fees will be governed by the BCICAC or JAMS rules, as applicable. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the applicable Rules. In any Dispute arising out of or related to these Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any Dispute arising out of or related to these Terms of Use, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
  4. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Entire Agreement; Severability; Waiver

Except as otherwise provided in any applicable End User License Agreement, these Terms of Use constitute the entire and exclusive understanding and agreement between Slant Six and you regarding the Sites, Games and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Slant Six and you regarding the Sites, Games and Content. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use. You also understand and agree that these Terms of Use and the Slant Six Privacy Policy incorporated by reference into these Terms of Use, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.

Notices

You consent to the use of (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder and (ii) electronic records to store information related to these Terms of Use or your use of the Sites, Games or Content. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given (x) by us via email (in each case to the address that you provide) or (y) by posting to the Sites or Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

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