GENERAL TERMS AND CONDITIONS OF SALE

I. SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply to all purchase of software or other product on the Internet site http://www.gameloft.com (the “Site). Gameloft reserves the right to adapt or amend these General Terms and Conditions of Sale at any time. If these Terms and Conditions are amended, each order shall be governed by the General Terms and Conditions of Sale in effect on the date of the order.

II. PRICE

Gameloft reserves the right to revise its prices at any time. The price of any product or service purchased through the Site will be the price indicated to you when you place your order. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

III. CONFIRMATION OF PUCHASES AND ELECTRONIC SIGNATURE

The purchase form “signed” with a double-click by you constitutes an irrevocable agreement to purchase, which may be retracted only under the conditions stipulated in these General Terms and Conditions of Sale. The double-click that is part of the puchase authentication and confirmation procedure also protects the integrity of your communications with us and constitutes an electronic signature. This electronic signature has the same value as a handwritten signature in the relationship between the parties.

IV. PAYMENTS

Your order of software or other product through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the services or products available on the Site by any local, state, federal or international law. You may use a credit card to pay for your services or products. When you provide credit card information to Gameloft, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Gameloft reserves the right to collect applicable taxes and impose premium surcharges for certain features on the Site.

V. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER GAMELOFT, NOR ANY OF ITSR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

VI. COMPLAINTS

You can issue complaints only at the end of the procedure of remote loading of the services or products. These reserves must be accompanied by the reason for the complaint. After examination, Gameloft will reserve the right to refund the price paid by the customer or will offer the equivalent of the service. Any complaint and/or dispute of the customer against Gameloft will have to be formulated, exclusively by e-mail to support@gameloft.com at the latest 48 hours as from their operative event, under penalty of forfeiture.

VII. REFUNDS POLICY

Gameloft services and products can be selected as downloadable software from our online store. Gameloft assumes no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 30 days after the purchase date for any reason ("Purchaser Errors"). You accept full responsibility for confirming that the phone or other device (such as personal computer) is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site. Although Gameloft will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, Gameloft shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Site, please contact the Gameloft technical team at support@gameloft.com. In no event shall Gameloft be liable for any defects or other problems associated with downloads or purchases through the Site after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

VIII. INTELLECTUAL PROPERTY RIGHTS

Gameloft grants to you, in a nonexclusive way, a licence of use for the services or products downloaded on the Site. This licence includes the right to use the services or products for a strictly personal use. This right is inalienable. You can use and install only one specimen of the downloaded service or product. Any reproduction or representation, in whole or part, at other ends, on any support is prohibited. The services and all the products of the Site are the property of Gameloft and/or third-party content providers. Gameloft owns a copyright in the selection, coordination, arrangement and enhancement of such services and products. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the services or contents contained on the Site (including, without limitation, content that Gameloft enables you to download) without the express written permission of Gameloft and the copyright owner.

IX. DATA PROTECTION

You have the right to “consult, change, correct and delete your personal information” at any time (within the meaning of Article 34 of the French Data Protection Act – “Informatiques et Libertés” - of January 6, 1978).

X. GOVERNING LAW AND JURISDICTION

The present General Terms and Conditions of Sale shall be construed in accordance with the laws of France. The parties hereto agree that any dispute arising out of or relating to this Agreement may be instituted and prosecuted in the courts of competent jurisdiction in Paris, France.

XI. COMPANY ADDRESS

The services and products available on the Site are published by Gameloft S.A.: 81, rue Réaumur – 75002 Paris – France.