ROBOTINK.COM ADDITIONAL TERMS

(Last Modified: September 8, 2008)

About Robot Ink

Welcome to Robot Ink! The RobotInk.com website is an online service operated by or on behalf of EMCEA, Inc. (d/b/a Robot Ink and hereinafter may be referred to as “Robot Ink”) Robot Ink that, among other things, allows visitors to play demo versions, and paid subscribers to play full versions, of our web-based games (collectively, the “Site”). References to “we” or “us” herein refers to Robot Ink.

Your use of the Site is subject to your agreement to the General Terms of Use of the Site, which by registering with the Site and/or purchasing subscription access to a web-based game you reaffirm your agreement with such General Terms of Use. You can access again the General Terms of Use at robotink.com/termsofuse. These Additional Terms supplement the General Terms of Use (which are incorporated herein by reference) and govern your registration on the Site and use of certain features of the Site, including the purchase of subscription access to the full versions of web-based games. Please read these Additional Terms carefully. By registering with the Site and/or purchasing subscription access to a web-based game, and by your continued use of this Site, you are deemed to have agreed to these Additional Terms.

We reserve the right to update or revise these Additional Terms from time to time. If we make material changes to these Additional Terms, we will provide you notice by posting a notice on the Site for 30 days. If you do not accept the Additional Terms or any changes proposed by us, your only remedy is to cancel your registration and any subscriptions to the Site.

Registering on the Site

Access to certain features of the Site requires being a registered member of the Site. To be a registered member of the Site, you must be at least 13 years old. Subscription access to the web-based games shall only be available to those registered members who are at least 18 years old and meet any other eligibility and payment requirements. To register as a member of the Site, follow the instructions and prompts found on the Site by clicking on the Create Account button at the top of the page.

Upon your acceptance of these Additional Terms and completion of the registration process, Robot Ink will provide you with an account on the Site. This account is a limited, personal, non-exclusive, non-transferable and revocable license to access and use the portions of the Site requiring registration during the term of this Agreement. You are the account holder and are responsible for all activity on your account, including purchases of subscription access to individual web-based games. Other users of your account will be bound by these Additional Terms as if they were you. Because you are responsible for all use of your account, you should supervise the use of your account by others, especially by children. It is important that you not reveal your password to other users. You are responsible for maintaining the confidentiality of your password and agree not to reveal your password to other users. You agree to indemnify and hold Robot Ink, its affiliates, officers and employees harmless from any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Upon becoming aware that your password or account is being used without authorization, you will immediately change your password and notify Robot Ink of the incident by sending an email to Robot Ink at the following address: account@robotink.com.

Establishing a Payment Method and Purchasing Subscriptions

If you wish to purchase a subscription to any of the services on the Site that require payment of fees, including access to the full-version of individual web-based games, you shall need to complete the portion of the registration process requiring that you establish a designated payment instrument (such as a credit card) for your account. This information shall be kept on record for your account and shall be used in processing any purchases of subscriptions made with your account. In some cases, you may be asked to enter (or confirm) the payment method when you sign up for the given subscription.

By entering a designated payment method when you register with the Site, or at any time thereafter, you establish a billing account associated with your registration. You hereby confirm that you are authorized to use the payment method you designate. You shall pay Robot Ink all charges at the prices in effect at the time that the purchase is made using your billing account and you authorize Robot Ink to charge, and you agree to pay using, your designated payment method. You will pay for all services in advance. We may charge you a different amount than what you approved, but if we do, we will inform you of the amount and date of the charge at least 10 days prior to making the charge.

You may tell us to stop using your designated payment method by contacting Robot Ink at account@robotink.com. However, you understand that this may result in our canceling of your access to your subscriptions and such notice shall not affect charges submitted to your billing account before we could reasonably take action in response to your request. You are responsible for keeping your information in your billing account and regarding your designated payment method accurate, current and complete. Changes to such information may be made by signing into and updating your account preferences.

Prices and Renewals

All subscription and other prices exclude all taxes and telecommunication charges. To the extent permitted by law, these taxes and charges are your responsibility. All prices are stated and shall be charged in United States dollars. Any currency exchange settlements shall be based on your agreement with the provider of your designated payment method.

Robot Ink reserves the right to change the prices from time to time. We shall notify you of any changes to the prices before such changes take effect. If there was a time period associated with the subscription you purchased, the price at the time you purchased such subscription shall remain in effect for such time period. Thereafter, the new price shall apply to your subscription. If you purchase a subscription that is designated as a monthly or other periodic subscription, unless expressly stated otherwise, such subscription shall automatically renew from month to month (or such other period that applies to the subscription) and you shall be charged any applicable fees for such renewal, unless you cancel your subscription prior to the renewal period. A late fee of 1.5% per month (or the maximum amount permitted by law, whichever is less) shall be assessed on all fees not paid on time.

If you do not wish to accept a change in the price of a subscription as described above, then you must cancel your subscription prior to the effective date of the price change and your subscription shall end immediately upon such cancellation (unless expressly provided otherwise). If you have elected not to renew a monthly or other periodic subscription, your subscription shall end upon the expiration of the subscription’s term period. Unless expressly agreed otherwise, or as required by law, all charges are non-refundable.

Electronic Receipts

Robot Ink shall send you e-mail receipts of all purchases made using your billing account to the email address associated with your account on the Site. You accept the sufficiency of such e-mail receipts and agree that it is your duty to print or save each e-mail receipt for your records. Robot Ink is not responsible for any problem you may have in receiving such e-mail receipts, including your spam filter settings, and no such problem shall excuse you of your payment obligations. Requests for a paper copy of such receipts may be subject to a processing charge.

Review of Charges

It is your responsibility to review all of your e-mail receipts for accuracy and to notify us of any error 90 days after the date you receive the relevant account statement from your designated payment method provider or such amounts will be deemed to have been accepted by you. You hereby release Robot Ink from any liability for any error that is not reported to Robot Ink within such period.

License and Site Access

Unless otherwise expressly specified, your use of the portions of the Site available to you as a registered member of the Site and as a result of your purchased subscriptions, like the rest of the Site and as set forth in the General Terms of Use, is for your personal and non-commercial use. You may not download, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. Your license to access the portions of the Site available to you as a registered member of the Site and as a result of your purchased subscriptions shall automatically expire upon the expiration or early termination of your subscription or your registration (as applicable). Robot Ink hereby grants you a limited, personal, non-transferable and revocable license to access and make use of the Site and the web-based games available on the Site in accordance with these terms and conditions, and for no other purpose. Any reproduction or redistribution of the software or content on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not frame or utilize framing techniques to enclose any portion of the Site without our express written consent. Any unauthorized use of the Site terminates the permission or license granted by Robot Ink.

Disclaimers

THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHANGES ARE PERIODICALLY MADE TO THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE. ROBOT INK AND/OR ITS RESPECTIVE PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE (INCLUDING ANY OF THE WEB-BASED GAMES) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, SUITABILITY, TIMELINESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT ROBOT INK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT ROBOT INK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability

IN NO EVENT SHALL ROBOT INK AND/OR ITS PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes to the Site

We may make changes to the Site at any time and for any reason and without notice, including the discontinuation or suspension of specific features, web-based games, or other content of the Site. If we discontinue altogether the portion of the Site that you have purchased a subscription to access, we shall refund to you a pro-rata portion of the fee you paid for such subscription that corresponds to the amount of the subscription that remains as of the time of the discontinuation.