Game Mobile Terms of Use About Game Mobile and Game Mobile's Offering: Text Marketer Ltd., trading as Game Mobile ("Game Mobile") is a mobile content provider that allows our users to download quality, fun mobile games and other mobile applications and content. Game Mobile charges for downloads. Each download you purchase will be made available to you via a link once you have completed your purchase, and this link will also be sent to you by SMS message if possible. You can also access your downloads via our website using your login details. Your login details are available via your mobile device from our mobile site us.gamemobile.co.uk, by clicking on the 'Support' link at the bottom of any page. Game Mobile will charge you for any item you purchase and will provide you with a link to download this item via your mobile device. You shall be solely responsible for any and all network, data usage or similar fees that may be assessed in connection with your download, installation and use of any applications.  These fees may be in addition to the charges paid by you in connection with the purchase. For more information, please contact your network service provider. To download and use Game Mobile content, you will need an Internet / data connection on your phone, similar to if you wanted to download something on your computer from the Internet. Different phone companies have different data plans for mobile Internet connections, including several companies offering an unlimited mobile Internet connection. We recommend that you sign up for a data plan with your phone company. When you download our content (including games), you use some airtime (or data), and your phone company may charge you for that, depending on your plan. These games will not connect to our servers once you have completed the download. END USER LICENSE AGREEMENT FOR GAME MOBILE APPLICATIONS Welcome to Game Mobile ("Game Mobile"), a mobile device application, web site, and any other end-user services owned or controlled by Game Mobile. Game Mobile offers customers, users, and others who use Game Mobile (collectively, the "Users") to download Game Mobile's and/or third-party game software applications (the "Game Mobile Applications") to their mobile devices. This End User License Agreement for the Game Mobile Applications ("EULA") is a legal agreement between you, either an individual or a single entity ("You"), and Game Mobile regarding your use of the Game Mobile Applications offered by Game Mobile, and any related online or electronic documentation ("Documentation") (the Game Mobile Applications and the Documentation collectively referred to herein as the "Game Mobile Applications"). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY GAME MOBILE APPLICATIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME MOBILE APPLICATIONS AND/OR BY CLICKING THE "DOWNLOAD"/"BUY" BUTTON (OR LINK) FROM YOUR MOBILE DEVICE OR ON THE GAME MOBILE WEB SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. By choosing to input your mobile phone number below or download any mobile game from Game Mobile, you expressly agree and consent to: (a) receive SMS and/or email communications from Game Mobile. IMPORTANT NOTICES: Normal carrier charges (WAP, GPRS, and SMS) and taxes may apply to text messages sent to you by Game Mobile, and to data transfers incurred when you download games from Game Mobile. IF, AT ANYTIME, YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN PLEASE DO NOT DOWNLOAD ANY GAME MOBILE APPLICATIONS AND/OR PLEASE TERMINATE THIS AGREEMENT IMMEDIATELY BY REMOVING ALL GAME MOBILE APPLICATIONS FROM YOUR MOBILE DEVICE. The services hereunder are offered by Game Mobile, a trademark of Text Marketer Ltd., located at: The Old Chapel, Fairview Drive, Bristol, BS66PH, Great Britain and email: richard.hawley@textmarketer.co.uk. 1. LICENSE GRANT; TERMINATION; CONSENTS; RESTRICTIONS. (a) License Grant. Game Mobile hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of the Game Mobile Application on a single mobile device primarily used by you. (b) Termination. This EULA is effective until terminated. You may terminate this Agreement at any time by uninstalling all Game Mobile Applications and destroying all copies of the Game Mobile Applications in your possession. Upon any termination, you agree to immediately uninstall the Game Mobile Applications and destroy all copies of all Game Mobile Applications, any accompanying documentation, and all other associated materials. Game Mobile reserves the right to terminate this EULA at any time if you are in breach of any of the terms of this EULA or the Terms of Use posted on the Game Mobile website. (c) License Restrictions. By downloading any Game Mobile Applications you agree not to: (i) modify, disassemble, decompile or reverse engineer the Game Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Game Mobile Applications to any third party or use the Game Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Game Mobile Applications; (iv) use the Game Mobile Applications or Game Mobile to infringe the copyrights or other intellectual property rights of others in any way; (v) use the Game Mobile Applications or Game Mobile, or attempt to penetrate, modify or manipulate the Game Mobile Applications or Game Mobile or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Game Mobile account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to Game Mobile; (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Game Mobile Applications, or features that enforce limitations on use of the Game Mobile Applications; or (vii) delete the copyright and other proprietary rights notices on the Game Mobile Applications. 2. OWNERSHIP OF GAME MOBILE APPLICATIONS The Game Mobile Applications are the copyrighted proprietary material of Game Mobile and/or its third-party licensors. Your license under this EULA is not a sale of the Game Mobile Applications or any copy thereof and Game Mobile or its third-party licensors retain all right, title, and interest in the Game Mobile Applications (and any copies thereof). Game Mobile and its third-party licensors reserve all rights not expressly granted under this EULA. 3. USE OF GAME MOBILE APPLICATIONS Game Mobile enables end users to access and use Game Mobile Applications. You agree that your use of Game Mobile will be governed by the terms and conditions of the Game Mobile Terms of Use and Privacy Policy posted on the Game Mobile website at www.gamemobile.co.uk (as amended from time to time by notices posted on Game Mobile's website). You also agree to comply with all other notices, terms and conditions posted on the Game Mobile website. Game Mobile respects the prerogatives of copyright owners to control commercial uses of their material, and expects our users to do the same. You are responsible for complying with all federal and state laws applicable to the content available through the Game Mobile Applications and/or Game Mobile, including copyright laws. As a condition to the license to use the Game Mobile Applications and to your use of Game Mobile, you agree that you will not use the Game Mobile Applications or Game Mobile to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this EULA and would cause irreparable harm to Game Mobile and entitle Game Mobile to receive equitable relief. You agree that you will indemnify and defend Game Mobile against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that you have infringed the copyrights or intellectual property rights of others. 4. GAME MOBILE MOBILE SPACE. (a) Game Mobile Does Not Screen Game Mobile Mobile Space Content. Game Mobile does not pre-screen content posted on the Game Mobile Mobile Space ("Mobile Space"), either online or mobile. Game Mobile may remove content pursuant to the procedures described in this EULA. Game Mobile does not and has not screened any content in Mobile Space. (b) Prohibited Conduct in Mobile Space. (i) You agree that you will not use Mobile Space to upload, email, transmit or post links to any content, that: - you do not have the legal rights to - violates or misappropriates any intellectual property rights, including copyright, trademark, trade secret, and patent rights - is illegal under applicable law or regulation or promotes illegal activity (ii) You agree not to use Mobile Space in a manner which is abusive or harassing to any other user. (iii) You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes. (iv) You agree not to impersonate any person or entity, including, but not limited to, Game Mobile official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information. (v) You agree not to engage in any activity which may compromise the stability or availability of the Game Mobile Application, Mobile Space and/or Game Mobile. (vi) You agree not to use the Game Mobile Application, Mobile Space and/or Game Mobile offering for any unsolicited advertising or promotions. 5. DISCLAIMERS; NO WARRANTIES. GAME MOBILE, THE GAME MOBILE APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GAME MOBILE OR THE GAME MOBILE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAME MOBILE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GAME MOBILE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY GAME MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME MOBILE APPLICATIONS OR GAME MOBILE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAME MOBILE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME MOBILE APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAME MOBILE NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAME MOBILE APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 6. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GAME MOBILE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GAME MOBILE APPLICATIONS, THE MATERIALS ON GAME MOBILE, OR ANY OTHER INTERACTIONS WITH GAME MOBILE, EVEN IF GAME MOBILE OR A GAME MOBILE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GAME MOBILE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL GAME MOBILE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE GAME MOBILE APPLICATIONS OR GAME MOBILE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER GAME MOBILE MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GAME MOBILE APPLICATIONS OR GAME MOBILE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GAME MOBILE AND RECEIVED THROUGH OR ADVERTISED ON GAME MOBILE OR RECEIVED THROUGH ANY LINKS PROVIDED ON GAME MOBILE. 7. BASIS OF THE BARGAIN The warranty disclaimer, exclusive remedies, and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and Game Mobile. Game Mobile would not be able to provide the Game Mobile Applications or Game Mobile to you on an economically reasonable basis without these limitations. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of Game Mobile licensors. 8. INDEMNIFICATION You agree to indemnify, save, and hold Game Mobile, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Game Mobile Applications, Game Mobile, violation of this EULA, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Game Mobile reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Game Mobile, and you agree to cooperate with Game Mobile's defense of these claims. 9. GOVERNMENT END USERS If the Game Mobile Applications are being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. 10. EXPORT CONTROL Game Mobile and the Game Mobile Applications originate in the United Kingdom, and are subject to United Kingdom export laws and regulations. The Game Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. In addition, the Game Mobile Applications may be subject to the import and export laws of other countries. You represent that you are entitled to favorable treatment under United Kingdom export laws and that you will not transfer or use the Game Mobile Applications in violation of United Kingdom or foreign laws. You agree to comply with all United Kingdom and foreign laws related to use of the Game Mobile Applications and Game Mobile. 11. MISCELLANEOUS. (a) Notice. Except as explicitly stated otherwise, legal notices will be served on Game Mobile's national registered agent or to the email address you provide to Game Mobile during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Game Mobile. In such case, notice will be deemed given 14 days after the date of mailing. (b) Waiver. The failure of Game Mobile to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by Game Mobile. (c) Governing Law. This EULA will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. (d) Jurisdiction. You agree that any action at law or in equity arising out of or relating to this EULA or Game Mobile will be filed only in the courts in and for the United Kingdom, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. (e) Severability. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions. (f) Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Game Mobile without restriction. (g) Headings. The heading references herein are for convenience purposes only, do not constitute a part of this EULA, and will not be deemed to limit or affect any of the provisions hereof. (h) Entire Agreement. This is the entire agreement between you and Game Mobile relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to this EULA by Game Mobile. (i) Claims. YOU AND GAME MOBILE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAME MOBILE APPLICATIONS OR GAME MOBILE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. (j) Disclosures. The services hereunder are offered by Text Marketer Ltd., located at: The Old Chapel, Fairview Drive, Bristol, BS6 6PH, Great Britain and email: richard.hawley@textmarketer.co.uk.

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