TERMS OF USE

(Vivendi Games International)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, PLEASE DO NOT USE THE SITE.

1. Acceptance of Terms of Use

The following terms of use ("Terms of Use") are the terms of a legal agreement between you, on the one hand, and Vivendi Interactive Publishing Intl S.A. and Vivendi Interactive Publishing UK Ltd (hereinafter collectively referred to as "VGI"), on the other hand and may be updated from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: http://www.VGames-europe.com

The VGI web group is comprised of various web sites and web pages owned and/or controlled and operated by VGI (collectively, the "Sites").

The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.

You acknowledge that VGI reserves the right in its sole discretion to refuse or terminate access to the Sites at any time.

The Sites may each contain additional terms, codes of conduct or guidelines that govern use of each particular Sites, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and/or guidelines contained within any particular Sites, then these Terms of Use shall control.

2. Privacy

Please review our Privacy Notice, which also governs your visit to the Sites, to understand our practices.

3. Access to the Sites

We will do our utmost to ensure that availability of the Sites will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Sites may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for Sites access

VGI grants you a limited licence to access and make personal use of the Sites, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VGI. This licence does not include any resale or commercial use of the Sites or its contents or of any games or services offered on the Sites; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VGI and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising VGI's or its affiliates' names or trademarks without the express written consent of VGI. Any unauthorised use terminates the permission or license granted by VGI.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Sites as long as the link does not portray VGI, its Affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VGI logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Rules of Conduct

You must not use the Sites in any way that causes, or is likely to cause, the Sites or access to them to be interrupted, damaged or impaired in any way.

You understand that you, and not VGI, are responsible for all electronic communications and content sent from your computer to us and you must use the Sites for lawful purposes only.

You must not use the Sites for any of the following:

-for fraudulent purposes, or in connection with a criminal offence or other unlawful activity ;

-to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";

-to cause annoyance, inconvenience or needless anxiety.

6. Links to Third Parties Sites

The Sites may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of VGI and its Affiliates are not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. VGI and its Affiliates are not responsible for webcasting or any other form of transmission received from any Linked Site, nor are VGI and its Affiliates responsible if the Linked Site is not working appropriately. The Sites are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VGI and its Affiliates of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. VGI and its Affiliates shall not be responsible or liable for any part of any such dealings or promotions.

7. Disclaimers and Limitation of Liability

The Sites content, including the information, names, images, pictures, logos and icons regarding or relating to VGI, its Affiliates, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

VGI and its Affiliates will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Sites.

VGI does not warrant that functions contained in the Sites content will be uninterrupted or error free, that defects will be corrected, or that the Sites or the server that makes it available are free of viruses or bugs.

VGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITES OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SITES. THE CONTENT OF THE SITES IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VGI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

8. Intellectual Property - Database Rights

All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (the "Content"), is the property of VGI, its Affiliates or its licensors and content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on the Sites is the exclusive property of VGI and its Affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on the Sites is the property of VGI, its Affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

Without prejudice of the provisions of Section 4 above, you may not systematically extract and/or re-utilise parts of the contents of the Sites without VGI's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Sites, without VGI's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of the Sites without VGI's express written consent.

Except where expressly authorized by VGI, you agree not to modify, rent lease, loan sell, distribute or create derivative works based on the Sites and its Content, in whole or in part.

It is in particular forbidden to copy, reproduce, represent, modify and/or operate, in any way whatsoever and for any purposes whatsoever, all or part of the structure and content of the Sites and its Content. You agree not to exploit for any commercial purposes, any portion of the Sites, use of the Sites or access of the Sites and its Content.

You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Sites and its Content, or remove any proprietary notices or labels on the Sites or its Content without prior written consent of VGI.

9. Trademarks

BLIZZARD ENTERTAINMENT, SIERRA ENTERTAINMENT, COKTEL, and other marks indicated on the Sites are trademarks or registered trademarks of Vivendi Games, Inc. or its subsidiaries (collectively "VG"), in the European Union and/or other jurisdictions. VG's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of VG. VG's trademarks and trade dress may not be used in connection with any product or service that is not VG's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VG. All other trademarks, company names and trade names not owned by VG that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VG.

10. Submissions

We are pleased to hear from our customers and welcome their comments regarding VGI and its Affiliates' services, products and the Sites. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by VGI and its Affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If at our request you send certain specific submissions (e.g., communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of VGI and its Affiliates. None of the Submissions shall be subject to any obligation of confidence on the part of VGI and its Affiliates, and VGI and its Affiliates shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, VGI and its Affiliates shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

11. Shopping

The shops ("Shops") on the Sites provide you the opportunity to purchase various VGI products and services. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. Please review our Conditions of Sale, to get all details on the conditions relating to the sales of products and services by VGI and its Affiliates to you.

12. Revisions

VGI may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that VGI shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. VGI may at any time revise these Terms of Use by updating this posting. By using the Sites, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.

13. Termination

You agree that VGI, in its sole discretion, may terminate or restrict your use or access to this Sites (or any part thereof) for any reason, including, without limitation, that VGI believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, r rules of a sweepstakes, contest, or other promotion contained within the Sites.

14. General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with the laws of England and Wales.