GSP Soul Saver Join

END USER AGREEMENT ( THE "AGREEMENT")

Modified - July 2022 This Agreement applies to the following web sites (the "Web Sites") operated by SMARTBIG Corp. (The "Company"): netgame.com. In addition, the Company owns several other domain names that point to the Web Sites listed above, and the Company will from time to time add new sites that may or may not be listed above. Please note that this Agreement applies only to sites maintained by the Company and not to web sites maintained by other companies or organizations to which we link.

1. TERMS OF AGREEMENT

• (a) Terms of Agreement. The Company offers to allow you to play its online computer games (the Games) conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. If you agree with the Agreement, please click on the "I agree to this USER AGREEMENT" button provided at the end of this Agreement and the "I agree to this PRIVACY POLICY" button. If you have any question regarding any of mentioned terms and conditions or the Rules of Conduct, please feel free to contact the customer service section on our website: http://www.netgame.com.
• (b) Amendments. The Company may amend or revise the Agreement or modify the Rules of Conduct at any time in its sole discretion on its website via
  • (1) Amended Agreements at http://www.netgame.com
  • (2) Modified Rules of Conducts at http://www.netgame.com.

Such amendment or revision to the Agreement and modification to the Rules of Conduct shall be effective immediately upon posting on the following web site: http://www.netgame.com. You hereby agree to review the Agreement and the Rules of Conduct by accessing the above web site (http://www.netgame.com) periodically to be informed of any possible revision and modification. Your use of the Games after the effective date of any amendment to the Agreement or modification to the Rules of Conduct will be regarded as an acceptance of all amendment and modification. Should you not agree to the revised terms and conditions, please feel free to contact the Company immediately to discuss about the closure of your policy.

2. DESCRIPTION OF SERVICE

The Company offers various games as a free online game service (the "Service") accessible via the internet at the Web Sites with sales of various game items for your additional interest. Secondly, it reserves the right to change the URL address of the website at any time upon the necessity. In order to use the Service, you need to download the software available on its Websites for an installation of the necessary components. (the "Software") Furthermore, an establishment of an policy (the "policy") is necessary for those who wish to use the subject service, and the Company shall not be responsible for any fees and charges incurred in any, if not all, of an establishment/usage/termination of your Internet Service. The Web Sites is an active part of the Service, and any use of the Website shall be governed by the same terms and conditions of this Agreement and the Rules of Conduct.

3. LICENSE TO USE

Subject to the terms of this Agreement, the provided service should be for your personal use only, a none-exclusion, revocable, nontransferable license to use the Service, and a non-exclusive, revocable, nontransferable license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software or the Service. In addition, you may not modify, adapt, reverse engineer or otherwise attempt to derive source code from the Software; or otherwise use the Software or the Service except as expressly provided in this Agreement.

4. ACCOUNT

• (a) Eligibility. Individuals with all age are eligible to establish the policy. However, if you are less than 13 years of age and wish to use the Service, we recommend that your parent(s) or guardian(s) complete the registration process by opening an policy with their name(s) and accepting full responsibility for all obligations stated on the subject Agreement. If some games could not be eligible be serviced to people with certain age then we don`t provide the Service. You can verify the eligibility of game in the Web sites. Those who have completed these steps and maintained their policy in good standing will sometimes be referred as "Members" in this Agreement. And you are liable for all activities conducted through your policy.
• (b) policy. At the time your policy is opened, you must choose a name (the "policy ID") to identify yourself to the staff of the Company. You may not select a name of a different person for your policy ID, a name which violates any third party`s trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete or alter any vulgar or otherwise offensive policy ID. You have sole liability for all activities conducted through your policy or under your policy ID. By accepting the terms of agreemen t, you guarantee that you do not own the policy you use to access the service, the characters created on the policy and that the Company stores on its servers, the items stored on these servers, any other data from which the servers and policys are comprised. The policy you have created will be required to logon to the service.
• (c) Character Name. In order to use the service, you must create a character and choose a name (the "Character Name") for your character to identify your character to others. You may not select names of others as your Character Name or those which violate any third party`s trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name. (d) Guild Names. While accessing the service, it is possible to name your Guild. You may not name Guilds are names/descriptions/titles of others or those which violate any third party`s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Company, or which the Company deems at its sole discretion, to delete or alter any name given to a Guild or terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
• (d) Password. At the time of an establishment of your policy, you must select a password. You are responsible for maintaining the confidentiality of your password and any harmful consequences caused by your self-disclosure, allowing others to disclose your password or an usage of your password by others in order to invade/use your policy and/or policy ID. At no time should you respond to an online request for a password. The Company never asks for your password either on offline or online. The only purpose and necessity of your password is for your log-on process.
• (e) Registration Obligation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your policy and refuse any and all current or future use of the Service.
• (f) Former Members. Members whose policys have been terminated by the Company may not access the Service in any manner or for any reason, including through any other policy, without an expression in a written permission by the Company. policys accessed by former Members are subject for an immediate termination.
• (g) Related policys. If the Company terminates any policy, it may also terminate any other policys accordingly if those share any of the identical member names, phone numbers, email addresses, postal addresses, Internet Protocol addresses or credit card numbers with the terminated policys.
• (h) Multiple policys. The Company currently allows the establishment of more than a single policy per a Member. However, it reserves the right to limit the number of policys of each Member upon the necessity.

5. RECHARGA FOR SERVICE

Current fees for using the Service are free. You are responsible for all fees associated with your Internet connection.

6. SELLING/PURCHASING OF GAME ITEMS AND nCASH

• (a) Purchase of Game Items and nCash. The Company may offer various game items to sell to you in the Games and on the Web Site, from time to time (The "Game Item"). In addition, the Company may offer nCash to sell to you in the Games and on the Web Sites, from time to time, which can be used to purchase the Game Items in the Games (The "nCash"). If you select to purchase Game Items or nCash, you agree that you understand how Game Items and nCash are used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item and nCash. In addition, you agree that any out-of-game or out-of-provided Web Sites selling and/or purchasing activities of Game Items and nCash are strictly prohibited. GAME ITEMS AND nCash YOU HAVE PURCHASED ARE NOT REFUNDABLE IN A WHOLE OR A PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AN INTERRUPTION OR UNAVAILABILITY OF SERVICE. By an acceptance of the terms of agreement, you also agree that Game Items and nCash you have purchased are properties of the Company, and it reserves the right to alter the fees payable for new Game Items. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR policy, INCLUDING ANY UNAUTHRIZED CHARGES INCLUDING A SITUATION WHERE YOUR PAYMENT SOURCE IS BEING OR HAS BEEN USED WITHOUT YOUR INTENTION. IT SHOULD BE YOUR RESPONSIBILITY TO SECURE YOUR PAYMENT SOURCE FROM OUTSIDERS TO PREVENT ITS ABUSIVE OR UNINTENTIONAL USAGE. ALL fees shall be stated in the U.S. Dollars.
• (b) Security and Anti-Fraud. For security and anti-fraud purposes, the Company, upon its necessity, may require purchasers of Game Items and nCash to provide with personal information such as names, phone numbers, addresses, etc. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure of such activities, upon its necessity, may result in suspension of the purchaser`s policy.

7.TRADING AMONG PLAYERS

Trading of Game Items between Players is permitted only through the Websites. All other trading or transference activities including, without limitation, trading of nCash, policy ID, policy Names, and all out-of-game transfers, shall be strictly prohibited. The Company shall not be responsible for any losses occurred by any permitted or prohibited trading activities, and ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN AN IMMEDIATE TERMINATION OF THE policy INVOLVED IN SUCH TRADING.

8.CONTENT AND MEMBER CONDUCT

• (a) Content. You acknowledge that:
  • (i) by using the Software and the Service, you will have an access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and
  • (ii) Content may be provided by licensed independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. In addition, it has the right, but is not obligated, to remove any Content at any time which it deems to be harmful, offensive, or otherwise violating this Agreement.
• (b) Right in Content. You acknowledge that the Company and licensed Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Games.
• (c) Member Content. Members can upload and create Content to our servers in various forms, such as in selections you make for the Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company of the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
• (d) Member Conduct. While using the Service, Members may not engage in any conduct or communication which is unlawful or restricts or inhibits any other Members from using or enjoying the Service. Members agree to use the Services only for lawful purposes. You agree not to use the Service to:
  • (1) Use of illegal automated programs, Scripts, and Computers. The uses of any illegal automated program (Ex. 3 rd party bot), systems, devices, computers or scripts on the Games are strictly prohibited and may result in a criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Violators will be prosecuted to the full extend of applicable laws and may also be liable for any punitive damage. In its sole discretion and based on a legitimate information, the Company reserves the right to terminate and permanently disqualify any members who are determined as violators of these Terms of Service. All decisions from the Company shall be the final.
  • (2) Harass, threaten or embarrass as well as cause distresses, unwanted attentions or discomforts to other Members in the Service shall be prohibited. The Company does not condone harassment in any form and may suspend or terminate the policy of any Member who harasses others. In addition, any means of personal attacks such as those based on races, national origins, ethnicities, religions, genders, lifestyle choices, disablements or other such affiliations, are strictly prohibited.
  • (3) Post or transmit of explicit sexual https://netgameimage.gscdn.com/www.netgame.com/2015, or/and pointing or/and referencing to such https://netgameimage.gscdn.com/www.netgame.com/2015 are prohibited. The Company prohibits the transfer or post of sexually explicit https://netgameimage.gscdn.com/www.netgame.com/2015 or other content deemed offensive.
  • (4) Transmit of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If Members engage in vulgar or abusive language online, even if masked by symbols or other characters, or in other impermissible behavior, they may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the membership may be terminated immediately, and they may be subject to civil liability and/or prosecution by law enforcement authorities.
  • (5) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than what members are able to type onto it.
  • (6) Impersonate any person, including, but not limited to, the employees of the Company, monitors or hosts. Members shall not hold themselves out or portray themselves as the staffs or employees of the Company. while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of the staffs or employees of the Company shall result an immediate policy termination.
  • (7) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
  • (8) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
  • (9) Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. The Company services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other members. Members may not use the Company services to collect or "harvest" member names without an expressed permission of those users the Company reserves the right to block and/or filter mass email solicitations on or through the service.
  • (10) Violate any operating rule, policy or guideline of any other online service. Members further agree to abide by the rules of Members` Internet service provider.
  • (11) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
  • (12) Modify any files that the Company does not specifically authorize members to modify. Use of material, which is subject to the rights of any person or entity without an expressed permission of such rights holder, is prohibited, and will result in the termination of the Members` membership and possible civil and/or criminal liability.
  • (13) Post to many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. The Company reserves the right to determine what patterns of behavior are defined as "spamming," and it may take action for the spamming on the policy. You agree that the Company may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Service in its sole discretion, without making a notification for your reference.
• (e) Cheating Programs. In order to ensure the fairness, the Company shall not allow any use of cheating programs such as macros, bots, or mouse emulators etc. If you use these cheating programs, you may engage in severe consequences including, but not limited, to the followings:
  • (i) the Company may suspend your policy for an indefinite period time;
  • (ii) the Company may terminate your policy; and
  • (iii) the Company reserves the right to seek further legal remedies against you.
• (f) Modification of the Client Program. All Members must use the client program provided by the Company. It periodically updates the client program as well, and all Members are required to use the latest version of the Games. Any modification of the client program is strictly prohibited, and any violation may result the termination of the policys.
• (g) Exploitation of Program Bug. All Members are prohibited from exploiting any programming bugs in Game, on the Web Site, and/or within the system of the Company. Any violations may result the termination of policy.

9.OFFCIAL SERVICE

The Games are designed for an official play only as offered through the Service by the Company at the Web Sites and not through any other means. You agree to play the Games only as offered by the Company at the Websites and not through any other means. You further agree not to create or provide any other means through which the Games may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any the Games policys, characters, items, coin or copyrighted material.

10.PRIVACY

Our privacy policy, which covers the usage and protection of your personal information, is published on the Web Sites, currently at http://www.netgame.com and is incorporated herein by this reference. (See privacy policy posted on the Web Sites)

11.PAPENTAL GUIDANCE

Parents may find it inappropriate for use by persons under the eligible age. While the Company may choose to monitor and take action upon any inappropriate game play, chat or links to the Service, it is possible that, at any time, there may be languages or other materials accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. The Company may not ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. The Company does not, as a matter of policy, pre-screen the content of the materials or communications transmitted by each player.

12.INTERRUPTION OF SERVICE

1. a)The Company reserves the right to interrupt the Service, from time to time on a regularly scheduled basis or otherwise with or without prior notice, in order to operate maintenance. You agree that the Company is not liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
2. b)You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and it may not guarantee that you will be able to access the Service or your policy whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
3. c)The Company shall not be obligated to refund all or any portion of any Game Item and nCash purchases by reason of any interruption of the Service and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.

13.BETA TESTS

You may be given the opportunity to beta test the Games and site features. Your participation as a beta tester is subject to the following terms and conditions.

• (a) Closed Beta Tests: Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the Games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to the Company, and the Company is entitled to (in addition to any other remedies available to it) exparte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until the Company publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
• (b) All Beta Tests (Closed and Open)
  • (1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
  • (2) When playing a beta game, you may accumulate game items, experience points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
  • (3) By selecting a "Play" button to start a beta game, you agree that:
    • (i)playing beta game is at your own risk and that you know that the game may include known or unknown bugs,
    • (ii) any value or status indicators that you achieve through game play may be erased at any time,
    • (iii) the Company has no obligation to make this game available for play without charge for any period of time, nor to make them available at all,
    • (iv) this game may be available once the testing process is complete or at any time in the future;
    • (v) the Company`s Terms of Agreement apply to your use of the game during the testing phase, and
    • (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
  • (4) Beta test policys are non-transferable under any circumstances. And in its sole discretion, the Company reserves the right to terminate your beta test policys or reset your personal information.

14.DISCLAMER OF WARRANTIES

You expressly agree that the service, the software, the content, the games and all other services are provided on an "as is" and "as available" basis and that your usage of the service is at your sole risk. The company as well as all other service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. The company and all other service provider customers establish no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. The company and all other service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such usage will be reliable or accurate or that the quality of any information, products, services or other material purchased or obtained by you through the service will meet your expectations. The company makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You acknowledge and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from the company or any other service provider customer or through the service shall create any warranty not expressly stated in the terms of agreement.

Without limiting the foregoing, the company does not ensure continuous, error-free, secure or virus-free operation of the service, the software or the games, and you understand that you shall not be entitled to refunds for fees based on the company`s failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

15.LIMITATION OF LIABILITY

You expressly agree that the service, the software, the content, the games and all other services are provided on an "as is" and "as available" basis and that your usage of the service is at your sole risk. The company as well as all other service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. The company and all other service provider customers establish no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. The company and all other service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such usage will be reliable or accurate or that the quality of any information, products, services or other material purchased or obtained by you through the service will meet your expectations. The company makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You acknowledge and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from the company or any other service provider customer or through the service shall create any warranty not expressly stated in the terms of agreement.

Without limiting the foregoing, the company does not ensure continuous, error-free, secure or virus-free operation of the service, the software or the games, and you understand that you shall not be entitled to refunds for fees based on the company`s failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

16.UNCENSORED INFORMATION

You understand that content and materials on the internet may be created and maintained by third parties (such as user message board) and that portions of such materials may be sexually explicit, obscene, offensive, or illegal. In no event shall the company be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed though the service. You hold the total responsibility and risk from your usages of the services and internet generally. The company disclaims any and all responsibility for content contained in any third party materials provided though hyperlinks or in any other forms.

17.INDEMNIFICATION

Upon the company`s request, you agree to defend, indemnify and hold harmless the company, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, content providers, and other members of the service, from all damages, liabilities, losses, damages, judgments, claims, causes of action, claims, and expenses, including attorneys` fees and costs, which the company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this agreement), or satisfy as a result or arising out of your use of the service or any breach of this agreement by you.

18.TERMINATION

The Company may terminate this Agreement (including your Software license and policy) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if its is unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Games described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your policy without refund of any fees paid for the purchases of any Game Items or nCash. You agree that if the Service or your policy is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or nCash.

19.GENERAL PROVISIONS

This Agreement shall be deemed to have been made and executed in the State of California without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court, Southern District - California) courts located in Los Angeles, State of California. Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, the Service and the Games, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company. All notice given by you or required under this Agreement shall be emailed to support@netgame.com, Attention: Customer Support is effective on the date received.

Last modified on [July 1 2022]

Ⅰ. SMARTBIG Corp. (DBA:Netgame.com) – Online Privacy Policy

SMARTBIG Corp. and its subsidiaries and affiliated companies (collectively, hereafter, `SMARTBIG`, `we`, `us`, the `companies`) highly respect the privacy rights of our online properties’ visitors, users, and customers (collectively, hereafter, `you`). Our online properties include, but are not limited to, website (the `site`) and all website related services and products that are, in part or as a whole, owned and provided by us to you. The following privacy policy informs you on how we engage in all activities correlated to, including but not limited to, collecting, storing, handling, and using your personally identifiable information you provide us and non-personally identifiable information we collect. We take your privacy issues very seriously; hence, we do not release any of your personally identifiable information without your permission. Prior to using any of our online properties, you must thoroughly read and fully comprehend our Online Privacy Policy and signify your full agreement to the Online Privacy Policy. Furthermore, your use of our online properties signify your full comprehension and full agreement to the Terms of Use, End User Agreement, and any other Smartbig’s rules, polices, notices, agreements and guideline.

Ⅱ. Types of Information We Gather from You.

1.Children

We take minors’ online privacy issues very seriously. You are a minor if you are under the age of eighteen (18) or under the legal age to form a legally binding contract in your jurisdiction. If you are a minor, you must have your parent/s and/or legal guardian/s to thoroughly review and fully agree to our Online Privacy Policy and any other aforementioned rules of SMARTBIG. The parent/s and/or legal guardian/s must agree to take full responsibility of all actions and its consequences within the legal boundaries of our online properties that creates conflict/s of interests of SMARTBIG by the minor/s under their custodianship/s. Such responsibilities mean, but are not limited to, that you agree to indemnify us for any types of monetary and non-monetary, tangible and intangible damage/s done by minor/s in your custodianship in the form/s of monetary and non-monetary, tangible and intangible compensations. We ask all parents and/or legal guardians of every minor to take an active and serious role in all minors’ online experiences at all times. If you are a parent or a legal guardian of any minor(s), please inform and educate them not to disclose any personally identifiable information such as, but not limited to, real name and any types of contact information. To comply with a US federal law, Children’s Online Privacy Protection Act (commonly referred as COPPA), we do not knowingly collect, store, handle, and/or use personally identifiable information from children. Children are defined herein as minors under the age of thirteen (13). If we learn that we have unknowingly and/or advertently gathered personally identifiable information from any child, we will immediately terminate such information and any account/s linked to such information from our database and/or records and take appropriate actions and attempt to notify parent/s and/or legal guardian/s of such child. Please note that SMARTBIG does not have absolute control over the actions taken by you, which means that any types of personally identifiable and/or other information disclosed, intentionally or unintentionally, by you in the public domain and its consequences are solely your responsibilities. We are responsible only for our actions and its consequences, as far as this Online Privacy Policy is concerned. There are two channels through which we collect information about you; one, information you provide us, and two, information we collect through technologies, methods, and/or services.

2.Information you provide Us.

Personally identifiable information we collect are provided by you. You may only visit some parts of our online properties without providing such information to us; however, in order for you to use certain features of our online properties, such as playing our online game properties and getting involved in community forums on our site, you are required to provide us with certain personally identifiable information. These include, but are not limited to, your actively used email address, gender, phone number, home address, date of birth. Furthermore, you are required to provide us or third party payment service provider/s (e.g., PayPal or equivalent service provider/s) additional information such as, but not limited to, credit card related information, if you choose to purchase any types of services and/or products we provide for fee/s. Please note, the permissions for the use of certain features of our online properties that require you to provide us personally identifiable information are granted to only those who provide us honest, correct, and up-to-date information. Falsifying any information is against our Online Privacy Policy. Such fraudulent act/s done by you may result in legal actions against you if such legal actions are deemed necessary.

3.Information We collect Through Technologies, methods; and/or Services.

Through available and legal technologies, methods, and/or services, we may collect and store information about your computer hardware/s, software/s, system specification/s, Internet IP address/s, your online activities (not limited to your use of our online properties) and patterns of such activities, and more. The primary purpose of such information collection is to ensure the quality of our online properties to better serve our customers and improve the ways we do our businesses. Better serving our customers and optimizing the ways we do our businesses is the key for our success and viability. Therefore, your use of certain features of our online properties requires you to accept/allow, for example but not limited to, Cookies and/or Web Beacons. You may choose not to accept/allow such information tracking technologies, methods, and/or services performed by us, such as cookies blocking through your web browser setting changes; however, this may result in some features of our online properties not to function properly. From time to time, we may change and/or test-out various technologies, methods, and/or services that are available at our discretion. For any questions about specifics, details, and up-to-date information about types of technologies, methods, and/or services we use at any given time, you may contact us by using Lounge Service for such request.

Ⅲ. The Use and Share of the Information We Gathered.

In essence, all information we gather about you, whether personally identifiable or not, are used to support your use of our online properties and to fulfill our legitimate business objectives.

1.SMARTBIG’s Internal Use for Business Purposes.

Business purposes are all activities performed by us to fulfill our legitimate business objectives and/or to serve the needs of our customers. Such activities by SMARTBIG may be in the forms of, but not limited to, sending you business, administrative, informative and/or reminder emails about some existing and/or new features added to our online properties and/or about, in response to, your request/s for certain information and/or service/s and/or your use of paid and/or not-paid services and products we offer our customers. In addition to the use of your information in the manners as described above, we may use any combination of your personally identifiable information and various other types of information we gather about you and/or others through information collecting technologies, methods, and/or services to optimize our business to better serve the needs of our customers to serve our business objectives. For example, this may include studying your web-browsing patterns and comparing that of others we learned through information collecting technologies and third-party services, then modifying and enhancing our online properties to better suit the general web-browsing patterns of our customers.

2.Use and/or Share with Third Parties for Business Purposes.

In connection with fee based services and/or products of our online properties, we have set up business relationships with third parties. In such relationships, we share, in part or as a whole, personal information records of our customers with third parties in order to successfully process the customer requested fee based services and/or product/s. The use of such information we share with such third parties are strictly to be used ONLY for the connection with the specific services and/or products we cater to our customers; for example, such shared information cannot be used by third parties for direct or indirect advertisements and/or marketing campaigns carried out by such parties. We do not grant them any permission of using your personal information other than to be used in manners described in this Online Privacy Policy. Therefore, if you reach to a reasonable conclusion that they are misusing your personal information without your permission, and in manners not allowed by our Online Privacy Policy, we ask you and contact appropriate personnel at their company. Please note, for such third parties that we have business relationships with, you may be required to accept their end user agreement, privacy policy, and/or any other types of their rules and policies. If you agree to aforementioned agreement/s, policy/s, and/or any other types of rules of the third party/s, we will not be responsible for the collecting, storing, handling, and/or using your personal information you provide them and/or personal information they gather through any types of information collecting technologies, methods, and/or services they employ.

3.In Case of Promotions, Contest and/or Sweepstakes.

For any promotions, contests and/or sweepstakes which will be organized, in-part or as a whole, by us and/or hosted on our site, there will be such event relevant privacy policy in the official rules and/or registration area. Such even relevant privacy policy will govern that particular promotion, contest, and/or sweepstake only. Such event relevant privacy policy may differ from this Online Privacy Policy, so we advise you to read it thoroughly prior to accepting terms described in such policy or policies. In most cases, promotions, contest and/or sweepstakes require participants’ permissions for the collection and/or the use of participants’ certain personally identifiable information by event organizer/s; we advise you to make decision that is appropriate for you.

4.Purchase, Sale, Liquidate and/or Merge of Business.

We may purchase, sell, liquidate, and/or merge one or more businesses from time to time within internal business units/parties and/or to/with/from external third party/s. In such cases, transfer of our collection of personal information may occur as a part of such business transaction/s, unless the law prohibits us otherwise. If we sell or liquidate our business/s and must transfer such personal information collected by us to third party/s with different Privacy Policy from this Online Privacy Policy, we will require the business/s purchaser/s to treat such transferring information in the same manners as described in this Online Privacy Policy.

5.Disclosure, Use, and/or Share of Your Information for Non-Business Purpose.

We may purchase, sell, liquidate, and/or merge one or more businesses from time to time within internal business units/parties and/or to/with/from external third party/s. In such cases, transfer of our collection of personal information may occur as a part of such business transaction/s, unless the law prohibits us otherwise. If we sell or liquidate our business/s and must transfer such personal information collected by us to third party/s with different Privacy Policy from this Online Privacy Policy, we will require the business/s purchaser/s to treat such transferring information in the same manners as described in this Online Privacy Policy.

Ⅳ. Links to Third Parties.

Our online properties may contain links to other websites and/or services operated by third-parties. In some cases, these links may lead you to web properties that may partially or wholly operated and/or owned by us. In any cases, such linked web properties may have privacy policy differs from this Online Privacy Policy. In any cases, it is your responsibility to check the privacy policy of each web site you are visiting and/or linked-to, prior to engaging in any kinds of activities within such web properties.

Ⅴ. Notice of Privacy Policy Amendment/s.

We reserve our rights to amend any portion/s of this Online Privacy Policy at any time for any reasons. When we amend any parts of this Online Privacy Policy, we will notify you by sending an e-mail notice and post such notice in, but not limited to, forums and/or any other, what we view as, appropriate places within our online properties. When such changes to our Online Privacy Policy are made, the new Online Privacy Policy will be effective, beginning, on 31st days from the day of any type/s of aforementioned and other types of notice we choose to utilize. Please note, although we will try to send you email notice, your email host company may view our mails as spam and/or junk emails; therefore, our email may not reach you in time. We advise you to view this Online Privacy Policy section at least once a month to be on the safe and sure side. Also, as soon as any of the personal information you provide us change, please update your profile with us, so that we can continuously ensure and provide you with the most up-to-date services and products available for our customers.

Ⅵ. Change/s to Your Personal Information.

You can access and make changes to any parts of the personal information you provide us from ‘My Account’ section of our online properties. Please note, to use some features of ‘My Account’ section, we ask you questions about personal information that you initially provided us in order to match your responses for identity verification. Please make a note of information you provide us initially and each time you update your profile, thereafter, for your record and keep it in the safe place/s. We will not be giving out any parts of your personal information in our database, even if it indeed is you to ensure the security and safety of your information.

Ⅶ. Your Online Privacy Rights.

Please note, you have control over the personally identifiable information you submit to us. At any time, for any reasons, you may choose to terminate your account with us from ‘My Account’ section; in which case, we will remove your personal information from our database.

1.Opting-Out.

You can choose to opt-out from certain service and/or product features we provide you in ‘My Account’ section of our website. For example, we may send out marketing emails to our customers. If we do so, you will be able to opt-out from such practice by declining to such services in ‘My Account’ section on our website. When you opt-out from any types of service and/or product features, you will not be receiving any features in the similar nature, until you re-allow us to offer such features to you.

2. Your California Privacy Rights.

Beginning January 1, 2005, California Civil Code Section 1798.83 permits customers of SMARTBIG and California residents to request information regarding the company`s disclosure of personal information to third parties for purposes of direct marketing. You may contact us by using Lounge Service for such request.

Ⅷ. Privacy related Inquiries.

If you have any questions, issues, and/or comments relating to our Online Privacy Policy and/or your personal information, you may contact us by using Lounge Service.