Welcome to our websites, provided to you by SPIL GAMES BV, with its registered office at Arendstraat 23, 1223 RE Hilversum, The Netherlands (hereafter referred to as "SPIL"). These terms of use (hereafter referred to as "Terms of Use") govern your use of our websites, all the web pages that are part thereof, and all content, software and services offered thereon (hereafter collectively referred to as the "Websites").

Your use of our Websites signifies that you agree to these Terms of Use, that you consent to our privacy policy (hereafter referred to as the "Privacy Policy"), and that you consent to receiving essential notices and to transact with us via computer. If you do not agree to the Terms of Use and/or the Privacy Policy, we advise you not to use our Websites.

1. CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" link at the bottom of the Websites. It is your responsibility to check these Terms of Use periodically for any changes. If you continue to use the Websites after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. ADDITIONAL TERMS

Certain areas of the Websites, such as sites where you can download files, may include use guidelines and rules that supplement these Terms of Use. By using these services on the Websites, you agree to comply with such guidelines and rules.

3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT

You agree that we may send you electronically any necessary notices, agreements and other information concerning the Websites. If you no longer agree to receive notices electronically, please cease using the Websites.

4. PRIVACY POLICY

The Privacy Policy explains the practices regarding your personal information when you use the Websites. Your ongoing use of the Websites signifies your consent to the information practices outlined in our Privacy Policy. You can review the Privacy Policy at any time by clicking on the Privacy Policy link at the bottom of the Websites.

5. CHANGES TO THE WEBSITE

We may discontinue or change any service or feature on the Websites at any time and without prior notice.

6. ACCESS COSTS

You must provide, at your own expense, the equipment and Internet connections you require to access and use the Websites. If you access the Websites through a telephone line, please call your local phone company to check whether the access numbers you select will be subject to long distance or other toll charges at your location. Furthermore, if you access the Websites through a wireless application (e.g. a mobile phone), your carrier, i.e. a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your provider to establish whether any such fees apply to you. You are solely responsible for any costs you incur in accessing the Websites through any wireless or other communication services.

7. YOUR RESPONSIBILITIES

7.1 You may use the Websites for lawful purposes only. You may not submit or transmit through the Websites any information, content or material or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patents, trademarks, trade secrets, copyrights, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
3. victimises, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. impersonates any person, business or entity, including SPIL and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorised use of a computer or computer network;
6. encourages conduct that would constitute a criminal offence or give rise to civil liability;
7. violates these Terms of Use, guidelines or any policy posted on the Websites; or
8. interferes with the use of the Websites by other users.

7.2 You may not use our Websites:

1. for your own commercial gain;
2. to offer any form of advertising or promotion without our prior written consent; or
3. to provide any false personal information or any information, content or material on behalf of any person other than yourself without permission.

8. LICENSE TO USE THE WEBSITE

Subject to these Terms of Use, you may use the Websites and the content provided on the Websites for personal, non-commercial purposes only. You may use content provided for download for personal use only, and are subject to the rules that apply to that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content. You may not use any data mining, robots or similar data-gathering and extraction tools on the content, frame any portion of the Websites or content or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content for preventing the unauthorised reproduction or distribution of the content.

9. AGE RESTRICTIONS

By using the Websites, you confirm that you are 13 years of age or older or that, if you are under 13 years of age, you are accompanied and directly supervised by a parent or legal guardian. If you are under 13 years of age, please do not access the Websites without your parent or legal guardian directly supervising you. You agree that if your computer, Internet-enabled device, Internet connection and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Websites or services, you will not allow or assist, knowingly or unknowingly, children under 13 years old to access the Websites or services except while directly supervised by a parent or legal guardian. You agree that if you do allow or assist children under 13 years old to access the Websites without a parent or legal guardian directly supervising them with your computer, Internet-enabled device, Internet connection and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences, and that under no circumstances (including, but not limited to, negligence) will SPIL, any third-party content provider or their respective agents be liable for any direct, indirect, incidental, specific or consequential damages arising from the use of or inability to use the sites by users under 13 years of age, even if such party has been advised of the possibility of such damages. By using our website www.A10.com, you confirm that you are 16 years of age or older or that, if you are under 16 years of age, you are accompanied and directly supervised by a parent or legal guardian.

By using the Website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither SPIL, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.

10. PROPRIETARY RIGHTS

Intellectual Property Rights to the Websites We own the intellectual property rights to the design of and the information on the Websites, including the name of the Websites and the look and feel of the colour combinations, button shapes and other graphic elements pertaining to the Websites. Such intellectual property is protected by international treaties and by copyright, trademark, patent and trade secret laws as well as other proprietary rights. For example, we own the copyright on the selection, organisation, arrangement and enhancement of the Websites, as well as on our original content on the Websites.

Intellectual Property Rights to the Games We own the intellectual property rights to a large number of the games on the Websites, and for certain games, we requested and obtained permission from the copyright holders known to us. We were unable to find any copyright information for some games or, due to general use on the Internet, this information can no longer be obtained. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we can determine, met by SPIL. We do not change anything in the source code of the games and for example, credit holders, brand names and references to websites remain unchanged.

11. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If, in your view, any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on the Websites, please inform us immediately, and provide us with:

1. the electronic or physical signature of the owner of the IP right or the person authorised to act on the owner's behalf;
2. a description of the IP right that you claim has been infringed, and a description of the infringing activity;
3. the identification of the location where the original or authorised copy of the copyrighted work exists (e.g. the URL of the websites where it is posted, the name of the book in which it has been published or, in case of a registered brand name, an excerpt of such register evidencing the registry) and
4. a copy of a licence in which you are granted the right to use and to protect such IP right (if you are not the owner of the IP right);
5. the identification of the URL or other specific location on this site where the material you claim is infringing is located; this information must be specific enough to enable us to locate such material;
6. your name and full contact details; and
7. a statement by you that you believe in all good faith that the disputed use is not authorised by the copyright owner, its agent or the law.

12. THIRD PARTY SITES; ADVERTISERS

SPIL may engage third party payment service providers ("PSP") to provide payment transaction services to SPIL and the users of the Websites to sell products and services through the Websites. When you purchase a product from the Websites (e.g. a virtual game item or a subscription for a game download), you enter into an agreement with the PSP that you will fulfil the payment. SPIL shall never be responsible or liable for the communications between you and the PSP, and any information you supply to the PSP will be covered by the PSP's own privacy policies and/or any other stipulations of such PSP. You shall indemnify SPIL for any chargebacks or other claims from the PSP as a result of non-fulfilment of the payment.

13.THIRD PARTY SITES AND ADVERTISERS

The Websites may include links to third party websites including links provided as automated search results. Some of these sites may contain material that is objectionable, unlawful or inaccurate. The existence of such links does not indicate that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other material on these third party sites. Any transactions you may carry out with advertisers found on the Websites are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim that you may have against any advertiser.

14. USE OF SOFTWARE

We may make software available for you to download or use. Such software will be subject to the terms of the licence agreement that accompanies it. If there is no licence agreement present with the software, then the following licence, in addition to the other terms of these Terms of Use, shall govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited licence to install the software on a single computer. The software is protected by copyright and other intellectual property laws and treaties, and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the software in any way, or remove proprietary notices in the software. You agree to abide by all the laws and regulations regarding your use of the software. You may not authorise or assist any third party to carry out any of the actions prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut the software down during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate. You agree to fully comply with all import and export laws, regulations, rules and orders of The Netherlands or any other foreign government agency or authority (e.g. the United States), and you agree not to directly or indirectly export, re-export, transfer, and/or release the software, related technology or any product thereof for any proscribed end use or to any proscribed country, entity or person (wherever located) without proper governmental authorisation. You bear full responsibility for and to assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all the necessary authorisations and clearances. You further agree to assume responsibility for and to bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all the necessary authorisations and clearances.

15. DISCLAIMER OF WARRANTIES

We provide the Websites as is, with all their errors and as available. We and our suppliers make no express warranties or guarantees about the Websites. SPIL is not obliged to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Websites and all the software, content and services distributed through the Websites are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need and non-infringing. We do not guarantee that the Websites will meet your requirements or will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results obtained from the use of the Websites (including any support services) will be effective, reliable or accurate, or will satisfy your requirements. We do not guarantee that you will be able to access or use the Websites (either directly or through third party networks) at times or locations of your choice. No oral or written information or advice supplied by a representative of SPIL shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

16. LIMITATION OF LIABILITY

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Websites. In no event shall our liability (or the liability of our parent company or our suppliers) for any and all claims relating to the use of the Websites exceed the total amount of service fees that you have paid to us during a one-year period for the service concerned. We, our parent company, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use or reliance upon the Websites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses, even if we were aware of, or should have been aware of the possibility of such damages. As certain countries, states and jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions our liability (and the liability of our parent company and suppliers) shall be limited to the extent permitted by law.

17. INDEMNIFICATION

Upon request from us, you agree to defend and indemnify us and hold us and our parent company and other affiliated companies as well as any respective employees, contractors, officers, directors and agents harmless from all liabilities, claims and expenses, including any legal fees that may arise from your use or misuse of the Websites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

18. INTERNATIONAL USE

We make no representation that any content of the Websites is appropriate or available for use in locations outside The Netherlands. When accessing the Websites from territories where the content is illegal is prohibited, if you choose to access the Websites from a location outside The Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.

19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of The Netherlands govern this contract, and that any claim or dispute you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Furthermore, you agree that any disputes or claims that you may have against us will be resolved by a court located in The Netherlands, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please note that by agreeing to these Terms of Use, you are:

1. waiving claims that you might otherwise have against us, based on the laws of other jurisdictions, including your own;
2. irrevocably consenting to the exclusive jurisdiction of and venue in courts in The Netherlands over any disputes or claims you have with us; and
3. submitting to the personal jurisdiction of courts located in The Netherlands for the purpose of resolving any such disputes or claims.

20. SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on the Websites constitute the entire agreement between you and SPIL, and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21. TERMINATION

Your right to use the Websites automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Websites. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Websites, for any reason, with or without prior notice.

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