Playverse
                Terms of Service
        
    
        
        
            PRESSING I AGREE OR 
                USING Playverse constitutes your agreement to
                these terms (Agreement).
             
                If you (or, if applicable, your parent or
                guardian) do not agree to be bound by this Agreement, you are not permitted to
                use or access Playverse. 
        
            
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            THIS agreement contains BINDING ARBITRATION AGREEMENT, AND CLASS ACTION
            WAIVER, in section F -- under the general terms BELOW. PLEASE READ IT.
        
        
            Our website located at
            www.playverse.com, including all of its subsites and all software, products,
            features, games and services made available, displayed or offered by or through
            our website or subsites (collectively, Playverse),
            is offered to you, the user, by Trendy Entertainment, Inc., a Delaware limited
            liability company with its principal place of business located at 110 SE 1st
            St, Gainesville, FL 32601 (Trendy),
            and its suppliers, service providers and licensors (collectively, Third Party Providers)..
        Parents
            . If
            you are under the age of majority in your jurisdiction, you must make sure that
            your parent or guardian reads and accepts this Agreement and our Privacy Policy
            on your behalf prior to your use of Playverse. 
        
            
                Print
                or Download.
            
        
            Please print and download a copy of this
            Agreement for your records. 
        
            
                Personal
                Use.
            
        
            Playverse is for your individual, non-commercial, entertainment purposes only.
            Except as may be expressly permitted by Trendy, you may not sell or exchange
            anything you copy or derive from Playverse. As long as you comply with the
            terms of this Agreement, Trendy grants you a personal, non-exclusive,
            non-transferable, limited right during the term of this Agreement to enter,
            use, perform and display Playverse and everything on it. You agree not to interrupt
            or attempt to interrupt the operation of Playverse in any way.
        
            Playverse Accounts
        
            
                A.
                Background. 
        
            Certain content, games or
            services provided by Trendy through Playverse may be accessed or used by you
            without requiring registration or login to Playverse (Public Materials). Other content, games or services provided by Trendy
            through Playverse, require that you register and open an account (Playverse Account) on Playverse in
            order to be accessed or used by you (
                User
                Materials
            ). This Agreement applies to your access and use of Public
            Materials and User Materials. Any Playverse Account supplied to you is
            personal, and you may not transfer or make available your Playverse Account
            username or password to others, including, without limitation, your co-workers
            or other members of your household (except that Child restricted account
            information may be accessed by a Parent using parental controls). You must
            obtain access to the Internet and pay any access and usage fees and supply the
            necessary equipment and software to connect to Playverse via the Internet. 
        
            
                B.
                Pre-Registration
        
            Before you register for a free Playverse
            Account, you will be asked your date of birth. . 
        
            
                C.
                Accessing Your Playverse Account Information. 
        
            It is your responsibility to
            make sure that all information on your account page is truthful, complete,
            current and accurate.
        
            
                D.
                Security of Your Account. 
        
            If you forget your Playverse
            username or password and have not provided us with any security questions and
            answers, you may not be able to access the User Materials or your Playverse
            Account. You are responsible for maintaining the confidentiality of your Playverse
            Account and for all activities that occur through the use of your Playverse
            Account.  You must notify Trendy of any
            unauthorized use of your Playverse Account or any other breach of security, and
            ensure that you secure your Playverse Account and computer from third party access.
            
        
            
                Trendy
                Security Disclaimer
            
        
            . Trendy has implemented physical, electronic
            and managerial procedures in order to help safeguard and prevent unauthorized
            access, use, alteration, modification or disclosure of your personal
            information. Although we use reasonable efforts to safeguard the security of
            your personal information, transmissions made on or through the Internet and
            personal information stored on our servers or the servers of third parties that
            we use are vulnerable to attack and cannot be guaranteed to be secure. In
            addition, submissions made via e-mail are not protected by encryption and are
            vulnerable to interception during transmission. 
        
            Playverse Communication Features
        
            
                A.
                General.
        
            Playverse's communication
            features (such as Playverse launcher, Message Boards, voice chat, universal
            chat, messenger-type features, e-mail, and mobile device access, etc. or any
            future communication features) may be provided to users; other or similar
            communication features (such as in-game or out-of-game voice or text chat, game
            related message boards, e-mail, messenger-type features and/or community areas)
            are services that may be provided to some or all users of certain games available
            on or through Playverse (collectively, 
                Trendy
                Communication Features
            ).
        
            In using Trendy Communication
            Features, you may be exposed to messages, information, data, text, software,
            graphic files, or other materials, whether in written, verbal, electronic or
            other form, whether now known or hereafter known (User Content) that you might find objectionable. Trendy and its
            Third Party Providers do not control the content of any User Content and do not
            guarantee their accuracy, integrity or quality. User Content on Trendy
            Communication Features is the sole responsibility of those persons transmitting
            such User Content, and that Trendy is solely acting as a hosting provider. You
            are responsible for all User Content that you transmit. 
        
            Trendy and Trendy's Third Party
            Providers have no obligation to monitor or supervise Trendy Communication
            Features or User Content, and expressly disclaim any representation that we or
            our Third Party Providers will monitor or supervise such Communication Features
            or User Content. However, we expressly reserve the right (but not the
            obligation) in our sole discretion to monitor, screen, edit, refuse to post,
            block or remove, in each case, in accordance with applicable law, any User
            Content, in whole or in part, on any Trendy Communication Feature, you hereby
            waive any rights of confidentiality that you may have in and to your communications
            when using any of the Trendy Communication Features, and you agree that you
            have no expectation of privacy in any content in any of the Trendy
            Communication Features. Without limiting the foregoing, Trendy and its Third
            Party Providers have the right to block or remove, in whole or in part, any
            User Content that is in violation of this Agreement, is illegal, infringing or
            otherwise offensive or objectionable. Trendy Communication Features are forums
            for public and not private communications. 
        
            Prior to using any Trendy
            communication Features, please carefully review Trendy's policies concerning
            (i) submission of creative ideas, suggestions and materials, (ii) fan fiction,
            artwork, content or user generated content, and (iii) uploading of photographs,
            video, and audio materials. 
        
            
                B.
                Rules of Conduct. 
        
            You may not do any of the
            following while accessing or using Playverse or any Trendy Communication
            Features:
        
            
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            transmit any User Content that is unlawful,
            harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
            obscene, libelous, that may be invasive of another's right of privacy or
            publicity, hateful, racially, ethnically or otherwise objectionable;
        
            
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            impersonate any person or entity, including but
            not limited to, a Playverse or other Trendy official, employee, representative
            or agent, forum leader, guide or host or falsely state or otherwise
            misrepresent your affiliation with a person or entity;
        
            
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        harass, stalk or threaten any other users in Playverse;
        
            
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            transmit any User Content that you do not have a
            right to transmit, under any law or under contractual relationships;
        
        
            
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            participate
            in any action which, in the sole and exclusive judgment of Trendy
            Entertainment, "exploits" an undocumented aspect within Playverse in
            order to secure an unfair advantage over other users;
         
        
            
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            participate
            in any action which, in the sole and exclusive judgment of Trendy
            Entertainment, defrauds any other user of Playverse, including, but not limited
            to, by "scamming" or "social engineering;”
        
        
            
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            use any
            unauthorized third party programs, including but not limited to
            "mods," "hacks," "cheats," "scripts,"
            "bots," "trainers," and automation programs, that interact
            with Playverse in any way, for any purpose (including, without limitation, any
            unauthorized third party programs that intercept, emulate, or redirect any
            communication between the Software or Playverse and any unauthorized third
            party programs that collect information about Playverse by reading areas of
            memory used by Playverse or the Software to store or use information);
        
        
            
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            transmit any User Content or other file that
            contains a virus, corrupted data, trojan horse, keystroke logger, worm, time
            bomb, or other computer programming routines that damage, detrimentally
            interfere with, surreptitiously intercept or mine, scrape or expropriate any
            system, data or personal information;
        
            
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            access or
            attempt to access areas of Playverse that have not been made available to the users;
        
        
            
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            delete any author attributions, legal notices or
            proprietary designations or labels that you upload to or through an Trendy
            Communication Feature;
        
            
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            reverse engineer or decompile Playverse or any
            Software, except to the extent applicable allows it despite this limitation; 
        
            
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            use Playverse or any content or items contained
            therein to develop a competitive game or gaming platform;
        
            
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            use a Trendy Communication Feature in a manner
            that adversely affects the availability of its resources to other users (e.g. flooding
            (continuous posting of repetitive text) or excessively large embedded images);
        
            
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            spam
            chat, whether for personal or commercial purposes, by disrupting the flow of
            conversation with repeated postings of a similar nature;
        
        
            
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            violate any applicable local, state, national or
            international law, rule or regulation;
        
            
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            transmit or facilitate the transmission of any
            User Content that infringes any patent, trademark, trade secret, copyright or
            other proprietary rights of any party;
        
            
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            transmit any User Content to an Trendy
            Communication Feature which discloses your or any other person's personal
            information; or
        
            
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            transmit any content to an e-mail address, messenger-feature
            address or other location that is not yours or to which you do not have the
            expressly authorized right to use without securing the prior authorization of
            such other person or entity. 
        
            Trendy retains the right to
            suspend, terminate, or otherwise sanction Playverse game subscription of any Playverse
            user who violates the foregoing Rules of Conduct, as well as to take any other
            action required or permitted under any applicable laws.
        
            
                C.
                Trendy Rights in User Content. 
        
            You hereby grant Trendy an irrevocably,
            perpetual, license to use, reproduce, modify, adapt, publish, broadcast,
            license, perform, post, sell, translate, create derivative works from and
            distribute any User Content for any purpose whatsoever related to Playverse or
            any game within Playverse (or any successor), in any medium now known or
            hereafter devised, without compensation or credit to the provider of the User
            Content, including sublicensing any third party to do any of the foregoing. 
        
            
                D.
                Links. 
        
            Playverse, including the Trendy
            Communication Features, may provide and users may include in messages, links to
            other web sites. Trendy and its Third Party Providers are not responsible for
            the availability of such external sites, and do not endorse and are not
            responsible or liable for any materials on or available from such sites. 
        
            
                E.
                Epilepsy Warning
        
            Please note that certain people
            are susceptible to epileptic seizures or loss of consciousness when exposed to
            certain flashing lights or light patterns in everyday life. Such people may
            have a seizure while watching certain monitor images or playing certain video
            games. This may happen even if the person has no medical history of epilepsy or
            has never had any epileptic seizures. If you or anyone in your family has ever
            had symptoms related to epilepsy (seizures or loss of consciousness) when
            exposed to flashing lights, consult your doctor prior to playing. We advise
            that parents should monitor the use of video games by their children. If you or
            your child experience any of the following symptoms: dizziness, blurred vision,
            eye or muscle twitches, loss of consciousness, disorientation, any involuntary
            movement or convulsion, while playing a video game, immediately discontinue use
            of the video game and consult your doctor.
        
            Please also note that when
            using a video game you should take certain standard health and safety
            precautions, including avoiding playing the game when tired, taking 10 to 15
            minute breaks every hour, sitting a reasonable distance from the screen, and
            playing the game in a well-lit environment.
        
            Fee-Based Playverse Games
        
            Some content, games or services
            offered on Playverse may be offered to you on a fee basis. If you elect to
            subscribe to or purchase fee-based content, games or services and transmit to Trendy
            a purchase request, you warrant that 
        
            
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            you are the age of majority in your
            jurisdiction, or, if you are a minor, your Parent has submitted all purchase
            information and read and accepted this Agreement on your behalf, 
        
            
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            your use of the particular credit card or other
            accepted method of payment is authorized, 
        
            
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            all information that you submit is true and
            accurate (including, without limitation, your credit card number and expiration
            date), and 
        
            
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            you agree to pay all fees you incur, including
            all recurring subscription fees unless and until you affirmatively terminate
            your game, content or service account in accordance with its terms. 
        
            Your
            purchase of any fee based content, games or services via Playverse is subject
            to our Sales Policies which are on
        
            www.playverse.com
        .
        
            Evolution of Games
        
            . You
            understand that online games, and system specifications necessary to play those
            games, may continuously evolve over time. Trendy reserves the right to modify
            or increase the system specifications necessary to play any game - whether free
            or subscription based - at any time and without notice, provided that if such
            modifications give rise to any increase in the fees payable to play any
            applicable game, to the extent required by applicable laws, Trendy will provide
            you with notice of such price increase in accordance with the terms of this
            Agreement. You are responsible for purchasing any necessary additional software
            or hardware in order to access and play those games.
        
            Sales Policies
        
            
                A.
                Methods of Payment. 
        
            If you have elected to purchase
            any Trendy games or services (including any Virtual Goods) through Trendy's
            commerce systems, we have the right to automatically charge your credit card or
            debit your account for the applicable fees or charges, plus any applicable
            taxes we are required to collect, and you authorize us to do so. Any prices
            posted in US Dollar or non-US dollar currencies by Trendy on the Store do not
            include any applicable sales tax, unless specifically noted that it is
            tax-inclusive. If you elect to redeem Playverse Credit or any promotional code
            in exchange for any games or services (including any Virtual Goods), the applicable
            promotional code or required Playverse Credits will be permanently consumed and
            converted into the purchased games or services. Playverse Credit value posted
            by Trendy on the Store for any game or service being offered for redemption is
            not inclusive of the applicable sales taxes therefor.
        
            With respect to the purchase of
            any games, services, or Virtual Goods through Trendy's commerce systems, you
            will be required to review and accept the applicable terms for such games,
            services, or Virtual Goods prior to submitting your order. You agree to receive
            all notices and records from Trendy in electronic form. 
        
            Intellectual Property
        
            
                A.
                General
        
            Playverse, including, without
            limitation, all Trendy Communication Features, contains copyrighted material,
            trademarks and other proprietary information including, without limitation,
            text, software, photographs, video, graphics, music and sound, and the entire
            contents of Playverse and each area contained therein are copyrighted as a
            collective work under the United States copyright laws. Trendy owns a copyright
            in the selection, coordination, arrangement and enhancement of such content.
            You may not modify, publish, transmit, participate in the transfer or sale,
            create derivative works, or in any way exploit, any of the content contained on
            Playverse (including, without limitation, content that Playverse enables you to
            download) without the express written permission of Trendy. If any permitted
            copying, redistribution or publication of copyrighted material, no changes in
            or deletion of author attribution, trademark, legend or copyright notice may be
            made. The downloading of copyrighted material from Playverse is allowed by you
            only for your own use. Trendy or third-party content providers remain the
            owners of all materials posted on Playverse, and that you do not acquire any of
            those ownership rights by downloading copyrighted materials.
        
            Trendy hereby grants to each Playverse
            game subscriber or member that is in good standing (i.e. a subscriber who is
            current in his or her payment of all applicable fees for their use of the games
            and services on Playverse to which he or she subscribes and who is not
            otherwise in breach of this Agreement) (each, a Game Subscriber) such grant to be automatically revoked as of the
            moment that the subscriber's account is no longer in good standing, a limited,
            personal, nonexclusive, nontransferable, non-assignable and fully revocable
            license to use (a) the relevant Trendy game name, and (b) trademarks and
            copyrighted material from the applicable game, including non-player character
            names and images, deity and monster names and images, geographical names, item
            names and images, character names and images, background art, and screenshots
            containing any of the foregoing, solely to be used for material (for example,
            "fan fiction" and "fan artwork") that the Game Subscriber
            posts to or transmits through Trendy Communication Features (Game Licensed Content) in accordance
            with this Agreement -- and for no other use. Each Game Subscriber undertakes to
            Trendy that any Game Licensed Content that he or she provides must comply in
            all respects with this Agreement.
        
            
                B.
                Copyright and Trademark Notices.  
        
            All contents, games and other
            information offered on or through Playverse are subject to copyright and
            trademark protections, as detailed in our Legal and Copyright Notices.
        
            
                C.
                Fan Sites 
        
            Solely in connection with your
            fansite or your fansite pages dedicated to the games that Trendy develops,
            publishes or distributes, we may (in our sole discretion) grant you, on a
            non-exclusive and non-sublicensable basis, permission to reproduce and
            redistribute on the fansite to end users, certain Trendy and Third Party
            Provider game-related images, graphics or artwork (the Trendy Fansite Content) and certain Trendy and Third Party Provider
            trademarks and logos (the Trendy Marks)
            that Trendy may expressly designate "for fansite use" on fansite
            pages at www.playverse.com or its associated game sites, so long as you comply
            with the terms described here and on the fansite pages, as those terms may be
            modified from time to time in accordance with this Agreement. 
        
            As the operator of an
            independent, unaffiliated web site, you will have sole editorial control over
            the fansite, except that you represent and warrant to Trendy that the fansite
            will not post material that is illegal or infringes on the rights of third parties
            or harms the reputation of the game, Trendy, its parent or affiliate companies,
            or its officers or employees. If at any time you post such disparaging
            material, or material that is illegal or infringes upon the rights of any third
            party, Trendy may terminate the grant to the Trendy Fansite Content . Your
            ownership in the fansite excludes the Trendy Fansite Content and Trendy Marks
            and excludes any derivative works based upon or including the Trendy Fansite
            Content or Trendy Marks. The fansite is not a "Joint Work" as that
            term is defined in the United States Copyright Act, Title 17 United States Code
            (U.S.C.), and is not otherwise a
            joint, collective or collaborative work under any other applicable laws.
        
            You must include Trendy's
            trademark, copyright or other proprietary rights notices, as provided on the
            fansite page for the game referenced, when displaying Trendy Fansite Content or
            Trendy Marks, and must comply with usage guidelines that may be provided by Trendy.
            You may not remove or alter any identifying information or copyright management
            information conveyed in connection with copies of Trendy Fansite Content or Trendy
            Marks, including in digital form; nor challenge Trendy's or its Third Party
            Provider's ownership of the Trendy Fansite Content or Trendy Marks, nor use or
            adopt any trademarks that might be confusingly similar to such Trendy Marks.
        
            Trendy reserves all rights,
            title and interest in and to the Trendy Fansite Content and Trendy Marks which
            are not expressly granted herein. You may not rent, lease, reproduce, modify,
            translate or create derivative works of the Trendy Fansite Content except as
            expressly permitted herein, nor create any derivative works (including without
            limitation fiction or visual art) from, or in any way exploit, any of the
            characters or content contained in the game or on Playverse, without the
            express written permission of Trendy. The creation and sale of merchandise
            based on the game or upon Trendy Fansite Content or Trendy Marks is expressly
            prohibited.
        
            If you intend to charge a
            subscription or access fee to generate revenue from the fansite, we would
            require you to execute a simple license agreement with us. The limited
            permission granted here with respect to fansite use of certain Trendy Fansite
            Content and Trendy Marks does not cover such circumstances.
        
            Fansites that quote an article
            or patch message from a Trendy site are requested to limit the quote to a
            paragraph or less and provide a link back to Playverse or associated game site
            for the full article or message, rather than reproducing on the fansite the
            entire patch message or article. Permission to link from the fansite to Playverse.com
            or the associated game site is granted in such circumstances.
        
            
                D.
                POLICY ON REPEAT INFRINGERS; AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT
        
            Please review our website for
            information on our policy for repeat infringers and agent for notifications of
            claimed infringement. 
                 
            
        
            
                E.
                SUBMISSIONS, FAN FICTION, ARTWORK, CONTENT, AND PHOTOGRAPHS
        
            We 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 games, we request that you be specific
            in your comments on those services and products, and not submit any creative
            ideas, suggestions or materials.
        
            Any and all creative
            suggestions, ideas, notes, drawings, concepts or other information that you
            send to us, whether at our specific request or despite our request that you not
            do so (other than Content transmitted on Trendy Communication Features)
            (collectively, Submissions) are
            deemed, and remain, the property of Trendy from the time of uploading or
            transmission. Trendy will exclusively own all now known or hereafter existing
            copyrights and all other intellectual property rights to all Submissions of
            every kind and nature, in perpetuity, throughout the universe and you hereby
            assign to Trendy as a present assignment all such intellectual property rights
            to the extent owned by you. In the event that any of the Submissions are not
            assignable, you agree that Trendy is irrevocably entitled to, throughout the
            universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast,
            license, perform, post, sell, translate, create derivative works from and
            distribute any Submission for any purpose whatsoever, commercial or otherwise,
            in any medium now known or hereafter devised, without compensation or credit to
            the provider of the Submission, including sublicensing any third party to do
            any of the foregoing. You agree at Trendy's request to execute such further
            documents and do such further acts as may be necessary or desirable to document
            or enforce Trendy's ownership of the Submissions, including, without
            limitation, execution of a copyright assignment in a form provided by Trendy in
            its sole discretion. If you fail or refuse to execute any such documents, you
            hereby appoint Trendy as your attorney in fact, which appointment is coupled
            with an interest and is irrevocable, to act on your behalf and to execute,
            deliver, record and file such documents.
        
            If you upload any photograph,
            video, or audio file to or through any Trendy Communication Feature, to the
            extent permitted by applicable laws, you 
        
            
                a.
                           
                
            
        
            grant to Trendy the non-exclusive, worldwide
            right to use, post, publish and display such material on Playverse, without
            royalty or compensation of any kind, 
        
            
                b.
                          
                
            
        
            expressly waive any and all rights of privacy,
            moral rights or rights of attribution and integrity, in and with respect to the
            photograph, video, or audio file, 
        
            
                c.
                           
                
            
        
            promise that the material is either a picture,
            video, or audio file of you or that duplication and distribution of the
            material will not violate any right of or require any compensation to any
            person or entity, 
        
            
                d.
                          
                
            
        
            promise that you are the copyright owner of the
            material or have all rights necessary to authorize its unfettered use and
            distribution, and
        
            
                e.
                           
                
            
        promise that you are 18 years of age or older.
        
            You understand that, once your photograph,
            video, or audio file is posted, anyone can download or distribute that
            material. You expressly waive any and all claims you may have against Trendy
            and release Trendy from any and all liability arising from or related to the
            submission and Trendy's or any third party's use or transmission of the
            photograph, video, or audio file.
        
            
                F.
                PLAYVERSE CREDIT AND OTHER VIRTUAL GOODS
        
            
                1.
                Playverse Credit.
        
            a. Obtaining Playverse Credit. If you have an active Playverse Account
            you may participate in our Playverse Credits service offering. Playverse Credits
            (Playverse Credits) is an online
            redeemable point system which can be used to obtain certain products and
            services offered by Trendy for redemption through our online Store. Playverse Credit
            can be acquired, used and redeemed in a variety of ways. 
        
            For example
        
            , you
            may have the opportunity to acquire Playverse Credit by participating in or by
            completing certain tasks or objectives in one of our Playverse games. 
        
            We may
            also offer Playverse Credit to you for free through one of our promotional
            campaigns. 
        
            We may
            offer Playverse Credit to you for sale in-game or through Playverse or at
            retail in the form of Playverse Gift Cards. 
        
            Playverse
            Credit is sold in bundles and the price may vary depending on the amount you
            purchase and the location it is being purchased. 
        
            Please
            note that any Playverse Credit you obtain through a Playverse Gift Card will
            not be usable until such time as you register it online with your Playverse
            Account. 
        
            We may
            limit the amount of Playverse Credit you may obtain in your account balance at
            any one time or in the aggregate. We will notify you if you reach such limit. 
        
            No
            sales tax is charged when purchasing Playverse Credit in-game or through
            Playverse; however, sales tax may apply to your redemption of Playverse Credit
            for Trendy products or services in some jurisdictions. The amount of tax
            charged depends upon many factors, including the type of product or service
            purchased. Except as otherwise set forth herein or in our Sales Policy on
        
            www.playverse.com
        
            and
            subject to applicable law, you are solely responsible for any tax consequences
            that may result from your acquisition, use or redemption of Playverse Credit.
        
            b. License to use Playverse Credit. No matter how you obtain Playverse
            Credit, you acknowledge and agree that such Playverse Credit solely represents
            a limited license right to a virtual good which is governed by the terms of
            this Agreement, and that such Playverse Credit is non-transferable to another
            person or Playverse Account, has no Credit value and is not redeemable for any
            sum of money or monetary value from Trendy at any time. Playverse Credit does
            not constitute a personal property right.
        
            c. Redemption of Playverse Credit. Trendy may offer opportunities for
            you to redeem your Playverse Credit (e.g., at the Store or while playing a game
            on Playverse) for certain items or services provided that you have a sufficient
            balance to do so. While your Playverse Credit does not have any set expiration
            date, please be aware that Trendy may from time to time cease, without notice
            to you, to continue to offer an item or service in exchange for your Playverse Credit.
            In order to protect against theft, we will limit the amount of Playverse Credit
            you may redeem or purchase at any one time, day or week. We will not reinstate
            any deducted Playverse Credit except in limited circumstances at our sole and
            absolute discretion after investigation.
        
            d. Corrections. You are solely responsible for verifying that the
            proper amount of Playverse Credit has been added to or deducted from your Playverse
            Account. You can view your Playverse Credit balance from within any of our items
            or services that accept Playverse Credit for payment. If you believe that a
            mistake has been made with respect to your Playverse Credit balance, please
            contact us immediately so that we can investigate the matter. You agree that we
            have the sole discretion in determining whether or not your claim is valid and
            if so the appropriate remedy.
        
            e. Improper Usage of Playverse Credit. We reserve the right to reduce,
            liquidate, deactivate, suspend or terminate your Playverse Credit or access
            thereto if we suspect, after investigation, that you have misused Playverse Credit
            service or have otherwise used Playverse Credit service to conduct any
            fraudulent or illegal activity.
        
            
                2.
                Virtual Goods.
        
            Trendy retains the unfettered
            right to modify its games and all aspects of characters, items, points and in
            game coin (collectively, Virtual Goods)
            therein. 
        
            
                ·
                            
                
            
        
            Trendy has been, is, and will be constantly
            making changes to its games. Trendy can and will, in its discretion, modify
            features, functions or abilities of any element of any of its games or any
            Virtual Goods 
                (which may, among other
                things, make the Virtual Goods substantially more valuable, effective or
                functional, or less valuable, effective or functional, more common or less
                common, or eliminated entirely).
            
        
            
                ·
                            
                
            
        
            Virtual Goods are only tradable within Playverse
            (or if applicable, a Playverse authorized exchange) for no remuneration. 
        
            
                ·
                            
                
            
        
            Virtual Goods may not be transferred, exchanged
            or assigned in any manner or form outside of Playverse or for any type of
            remuneration or value. 
        
            
                ·
                            
                
            
        
            All Virtual Goods represent a limited license
            right governed by the terms of this Agreement, and are not redeemable for any
            sum of money or monetary value from Trendy.
        
            YOU PROMISE THAT YOU WILL NEVER
            ASSERT OR BRING ANY CLAIM OR SUIT AGAINST Trendy,
            ITS LICENSORS OR THIRD PARTY PROVIDERS, WHICH IS RELATED TO OR BASED ON (I) A
            CLAIM ARISING FROM OR RELATED TO YOUR USE OF ANY Trendy-AUTHORIZED EXCHANGE, (II) A CLAIM THAT YOU
            "OWN" ANY VIRTUAL GOODS IN ANY GAME, (III) A CLAIM FOR THE
            "VALUE" OF VIRTUAL GOODS IF Trendy
            DELETES THEM (OR TERMINATES YOUR PLAYVERSE ACCOUNTS), (IV) A CLAIM FOR THE
            "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF Trendy DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO
            THIS AGREEMENT, THE APPLICABLE GAME'S AGREEMENT, RULES OF CONDUCT, TERMS OF
            SERVICE OR Trendy'S PRIVACY
            POLICY, OR FOR ANY MALFUNCTIONS OR "BUGS" IN Trendy's GAMES (OR SUCH OTHER APPLICABLE Trendy-AUTHORIZED EXCHANGE) OR (V) A
            CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR
            DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT Trendy HAS MADE OR WILL MAKE. ALL OF THE ABOVE APPLIES
            WHETHER ON ANY OTHER Trendy-AUTHORIZED
            EXCHANGE ENABLED SERVER.
        
            
                G.
                SOFTWARE AVAILABLE ON PLAYVERSE
        
            Any software that is downloaded
            or made available from Playverse (Software)
            is the copyrighted work of Trendy or its Third Party Providers or other
            suppliers. Use of the Software is governed by the terms of the agreement, if
            any, which accompanies or is included with the Software (License Agreement). Users may not install or use any Software that
            is accompanied by or includes a License Agreement unless the user first agrees
            to the License Agreement. For any Software not accompanied by a license
            agreement, the following additional terms apply (in addition to the terms of
            this Agreement): Trendy hereby grants to you, the user, a personal,
            non-transferable license during the term of this Agreement to use the Software
            for viewing and other use of Playverse in accordance with this Agreement, and
            for no other purpose. All Software, including, without limitation, all HTML
            code contained on Playverse, is owned by Trendy or Third Party Providers or
            other suppliers and is protected by copyright laws and international treaty
            provisions. Any reproduction or redistribution of the Software is expressly
            prohibited by law, and may result in civil and criminal penalties. Violators
            will be prosecuted to the maximum extent possible.
        
            WITHOUT
            LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
            SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
            PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR
            WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN
            CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY
            CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THIS AGREEMENT, THE
            LICENSE AGREEMENT CONTROLS WITH RESPECT TO THE SOFTWARE ONLY. Trendy AND Trendy'S
            THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE,
            INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
            A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
        
            Disclaimers: Limitations of Liability
        
            
                A.
                DISCLAIMER OF LIABILITY
        
            NEITHER
            Trendy, Trendy'S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN
            CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON
            PLAYVERSE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
            (COLLECTIVELY, THE Trendy PARTIES),
            MAKE ANY WARRANTY whatsoever, INCLUDING, WITHOUT LIMITATION, THAT PLAYVERSE
            WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
            RESULTS THAT MAY BE OBTAINED FROM USE OF PLAYVERSE OR AS TO THE ACCURACY,
            RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, OR SERVICES ON PLAYVERSE,
            INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES.
        
            TO THE
            EXTENT PERMITTED BY APPLICABLE LAW, PLAYVERSE AND ALL INFORMATION, CONTENT AND
            SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
            WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Trendy PARTIES EXPRESSLY
            DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
            WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
            THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
            UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF PLAYVERSE, INCLUDING,
            WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF PLAYVERSE, IS AT YOUR SOLE
            RISK.
        
            
                B.
                LIMITATION OF LIABILITY
        
            SUBJECT
            TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS,
            THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION VIII APPLY TO ANY
            DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
            INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
            VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
            TO, ALTERATION OF, OR USE OF PLAYVERSE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
            BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
        
            IN NO
            EVENT WILL ANY OF THE Trendy PARTIES BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL,
            INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE
            OF OR INABILITY TO USE PLAYVERSE, (II) THE BREACH OF ANY REPRESENTATION OR
            WARRANTY, (III) THE USE BY YOU OF PLAYVERSE OR ANY BROWSER OWNED OR OPERATED BY
            ANY PARTY, OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY
            THIRD PARTY, IN CONNECTION WITH PLAYVERSE; OR (B) ANY INDIRECT, SPECIAL,
            INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST OR
            DAMAGES TO DATA, FILES, CONTENTS, IMAGES OR ITEMS WITHIN PLAYVERSE) ARISING OUT
            OF OR RELATED TO PLAYVERSE, EVEN IF Trendy WAS PREVIOUSLY ADVISED OF THE
            POSSIBILITY OF SUCH DAMAGES.
        
            IN THE
            EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY Trendy
            PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING PLAYVERSE, IS MADE
            BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED IS LIMITED TO THE FEES,
            IF ANY, PAID BY YOU FOR USE OF PLAYVERSE.
        
            SOME
            STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED
            WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF
            DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE,
            POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, OF QUALITY. IN SUCH STATES OR
            JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION B. MAY
            NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF
            THE Trendy PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY
            MINIMIZING THE LIABILITY OF SUCH Trendy PARTIES TO YOU TO THE LOWEST AMOUNT
            PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER
            LIMITATION SET FORTH IN THIS AGREEMENT.
        
            NEITHER
            THE Trendy PARTIES NOR THE Trendy FAMILY ENDORSES OR IS RESPONSIBLE FOR THE
            ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY
            OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON PLAYVERSE,
            INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES OF PLAYVERSE,
            BY ANYONE OTHER THAN AUTHORIZED Trendy EMPLOYEES WHILE ACTING IN THEIR OFFICIAL
            CAPACITIES. UNDER NO CIRCUMSTANCES WILL Trendy, ANY Trendy THIRD PARTY PROVIDER
            OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY
            CONTENT OR SERVICES CONTAINED ON PLAYVERSE, OR ANY OF THEIR RESPECTIVE
            DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE
            CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH PLAYVERSE,
            INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES. 
        
            THE Trendy
            PARTIES
        
            DO NOT WARRANT OR GUARANTEE ANY ITEM OR SERVICE OFFERED BY A THIRD PARTY
            THROUGH PLAYVERSE AND NONE OF 
                THE Trendy
                PARTIES
             WILL MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY
            PROVIDERS. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
            APPROPRIATE.
        
            Privacy ISSUES
        
            
                A.
                GENERAL
        
            Our general Privacy Policy (Privacy Policy) which is located on the
            Playverse site is incorporated into this Agreement for all purposes. You agree
            that you have reviewed, agree to and understand our Privacy Policy. If you are
            located outside of the United States, please note that the information that you
            provide is being sent to the United States. As further described in our Privacy
            Policy, by using Playverse, you consent to your data being sent to the United
            States and to such other third parties and jurisdictions as may be involved in
            the provision and operation of Playverse.
        
            
                B.
                FOR KIDS - UNDER AGE 13 
        
            The Children's Online Privacy
            Protection Act imposes certain rules regarding our collection, use and
            disclosure of personal information from children under the age of 13 (Children). As a result, special terms
            applying to children under 13 are included within our Privacy Policy. Parents
            and guardians (Parents) should
            monitor their Children's use of Playverse and the services we offer for
            Children.
        
            
                C.
                FOR PARENTS
        
            Please note that all persons
            under the age of majority in their jurisdiction are required to have a parent
            or guardian read and accept this Agreement and our Privacy Policy on their
            behalf. Parents are encouraged to spend time online with their children under
            the age of 18 and to become familiar with the types of content available on
            Playverse and the Internet. 
        
            
                D.
                CONSENT TO MONITOR
        
            Some games available on or
            through Playverse may, when in operation, monitor your computer's random access
            memory, and system and configuration files, crash data, etc. for the purpose of
            monitoring and improving quality and service and also for the purpose of
            identifying unauthorized third party programs running concurrently with your
            game which
        
            
                1.      
            
        
            enable
            or facilitate cheating; 
        
            
                2.      
            
        
            allow
            users to modify or hack the applicable game interface, environment, or experience
            in any manner not authorized by Trendy; or 
        
            
                3.      
            
        
            intercept, "mine" or otherwise
            collect information from or through the applicable game (Unauthorized Software). 
        
            If a
            game detects any Unauthorized Software, 
        
            
                1.      
            
        
            the
            game may communicate information back to Trendy, including without limitation
            your Playverse Account username, details about the Unauthorized Software
            detected and the activities or functions performed thereby, and/or details
            about your computer, and 
        
            
                2.      
            
        
            Trendy
            may exercise its rights and remedies under this Agreement or the applicable
            license agreement without prior notice to the user linked to such Unauthorized
            Software.
        
            You agree that all character
            and account data that is stored and is resident on our servers, and any and all
            communications that you make within Playverse or any game (including, but not
            limited to, messages solely directed at another player or group of players)
            traverse through our servers, may or may not be monitored by us or our agents
            (where and to the extent permitted by applicable law), you have no expectation
            of privacy in any such communications, you expressly consent to such monitoring
            of communications you send and receive, and you expressly agree to waive any
            rights of confidentiality that you may have in and to such communications. For example, Trendy may monitor chat
            rooms in certain portions of Playverse directed to Children.
        
            General Terms
        
            
                A.
                TERMINATION
        
            
                ·
                            
                
            
        
            Either Trendy or you may terminate this
            Agreement and your Playverse Account at any time. 
        
            
                ·
                            
                
            
        
            Fees paid for any subscription or pay-per-use
            are paid in advance and are not refundable in whole or in part. 
        
            
                ·
                            
                
            
        
            You may terminate this Agreement at any time by
            not using Playverse. 
        
            
                ·
                            
                
            
        
            We can terminate the Agreement by asking you to
            stop using Playverse, and, if necessary, by preventing your access to Playverse
            or your Playverse Account. Upon termination of this Agreement, you shall have
            no further rights to use Playverse or its services. 
        
            
                ·
                            
                
            
        
            Your only right and remedy with respect to any
            dissatisfaction with Playverse is to terminate this Agreement and your Playverse
            Account and Trendy Communication Features, including, without limitation, any
            dissatisfaction with (i) any terms of this Agreement, or any policy or practice
            of Trendy in operating Playverse, (ii) content available through Playverse, or
            any change therein, or (iii) the amount or type of fees or billing methods, or
            any change thereof.
        
            
                ·
                            
                
            
        
            Termination means that your Playverse Account is
            de-activated, and does not necessarily mean that all the files associated with
            your Playverse Account have been deleted from our servers. 
        
            
                ·
                            
                
            
        
            Without limiting the foregoing, Trendy has the
            right to terminate this Agreement with you, effective immediately, or terminate
            or temporarily suspend your access to your Playverse Account or all or any part
            of Playverse, without notice, in the event of any conduct by you which Trendy,
            in its sole discretion after investigation, considers to be unacceptable, or
            for conduct that Trendy believes is a violation of the terms contained herein
            or any policies or guidelines posted by Trendy on Playverse, or for other
            conduct which Trendy believes, in its sole discretion, is harmful to Trendy,
            other Playverse members or other users of Playverse. Trendy reserves the right
            to deny registration of any individual as a Playverse member and to deny access
            to Playverse to any individual. 
        
            
                B.
                INDEMNIFICATION
        
            You agree to indemnify and hold
            harmless Trendy, and the Third Party Providers, and all of their respective
            officers, directors, owners, agents, employees, information providers,
            affiliates, licensors and licensees (collectively, Indemnified Parties) from and against any and all liability and
            costs including, without limitation, attorneys' fees and costs, incurred by the
            Indemnified Parties in connection with any claim arising out of (i) any breach
            by you of the Agreement or any representations, warranties or covenants
            contained herein or (ii) your use of Playverse, including, without limitation,
            your Playverse Account and all Trendy Communication Features.
        
            
                C.
                TAXES
        
            You may be required to report
            as taxable income the value of any prizes received by you. Trendy or any
            sponsor who provides a particular prize may report the value of the prize to
            Federal or state taxing authorities.
        
            D. CHANGES TO THIS AGREEMENT
        
            Trendy reserves the right to
            modify or delete certain terms of this Agreement as Playverse evolves;
            provided, however, that material changes to this Agreement will not be applied
            retroactively. Such changes will be effective with or without prior notice to
            you. You can review the most current version of this Agreement by clicking on
            the “Terms of Service” link located at the bottom of the website. You are
            responsible for checking this Agreement periodically for changes. If any future
            changes to this Agreement are unacceptable to you or cause you to no longer be
            in agreement or compliance with this Agreement, you must terminate this
            Agreement and immediately stop using Playverse. Your continued use of any of
            the Playverse following any revision to this Agreement constitutes your
            complete and irrevocable acceptance of any and all such changes. Please note
            that Trendy may also revise other policies, at any time, and the new versions
            will be available on the website. Trendy has no obligation to refund any fees
            that may have accrued to your account before cancellation of your account or
            cessation of use of any subscription, nor will Trendy have any obligation to
            prorate any fees in such circumstances. 
        
            
                E.
                EXPORT CONTROL 
        
            This site is controlled and
            operated by Trendy from its offices within the State of Florida, United States
            of America. Those who choose to access Playverse from other locations do so on
            their own initiative and are responsible for compliance with local laws, if and
            to the extent local laws are applicable. Software from Playverse is further
            subject to United States export controls. No software from Playverse may be
            downloaded or otherwise exported or re-exported (i) into (or to a national or
            resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to
            which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
            Department's list of Specially Designated Nationals or the U.S. Commerce
            Department's Table of Deny Orders. By downloading or using the Software, you
            represent and warrant that you are not located in, under the control of, or a
            national or resident of any such country or on any such list.
        
            
                F.
                LAW/
                    DISPUTE RESOLUTION/BINDING
                    ARBITRATION/CLASS ACTION WAIVER
                
        
            You agree that this Agreement
            is deemed to have been made and executed in the State of Florida, U.S.A., and
            any dispute arising hereunder must be resolved in accordance with the law of Florida.
            Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver
            below, you agree that any claim asserted in any legal proceeding by you against
            Trendy must be commenced and maintained exclusively in any state or federal
            court located in Alachua County, Florida, having subject matter jurisdiction
            with respect to the dispute between the parties and you hereby consent to the
            exclusive jurisdiction of such courts. In any dispute arising under this Agreement,
            the prevailing party will be entitled to attorneys’ fees and expenses.
        
            In order to expedite and
            control the cost of disputes, you and Trendy agree that any legal or equitable
            claim relating to this Agreement (referred to as Claim) will be resolved as follows:
        
            Most user concerns can be
            resolved by use of our Trendy support site. If we are unable to resolve your
            concerns and a dispute remains between you and Trendy, this Section explains
            how we agree to resolve it.
        
            
                YOU AND TRENDY AGREE TO RESOLVE
                ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT
                INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (I)
                ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (II) THIS AGREEMENT; OR (III) YOUR
                USE OF PLAYVERSE, YOUR ACCOUNT OR THE SOFTWARE. IT APPLIES REGARDLESS OF
                WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR
                COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
            
        
        
            However, this Section does not
            apply to the following types of claims or disputes, which you or Trendy may
            bring in any court with jurisdiction: (i) claims of infringement or other
            misuse of intellectual property rights, including such claims seeking
            injunctive relief; and (ii) claims related to or arising from any alleged unauthorized
            use, piracy or theft.
        
            This Section does not prevent
            you from bringing your dispute to the attention of any federal, state, or local
            government agencies that can, if the law allows, seek relief from us for you.
        
            An arbitration is a proceeding
            before a neutral arbitrator, instead of before a judge or jury. Arbitration is
            less formal than a lawsuit in court, and provides more limited discovery. It
            follows different rules than court proceedings, and is subject to very limited
            review by courts. The arbitrator will issue a written decision and provide a
            statement of reasons if requested by either party. 
                YOU UNDERSTAND THAT
                YOU AND TRENDY ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL
                BEFORE A JUDGE OR JURY.
            
        
            The Federal Arbitration Act
            applies to this Section. The arbitration will be governed by the Commercial
            Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for
            Consumer Related Disputes, as modified by this Agreement, both of which are
            available at 
        
            https://www.adr.org
        
            . The
            arbitrator is bound by the terms of this Agreement.
        
            
                ·
                            
                
            
        
            The AAA will administer the arbitration. It may
            be conducted through the submission of documents, by phone, or in person in the
            county where you live or at another mutually agreed location.
        
        
            
                ·
                            
                
            
        
            The the arbitration costs, including arbitrator
            compensation, will be split between you and Trendy according to the AAA
            Commercial Arbitration Rules and the AAA’s Supplementary Procedures for
            Consumer Related Disputes, if applicable.
        
            
                YOU AND TRENDY AGREE NOT TO BRING
                OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL
                ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD
                OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE
                INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S
                INDIVIDUAL CLAIM.
            
        
             You and Trendy also agree not to seek to
            combine any action or arbitration with any other action or arbitration without
            the consent of all parties to this Agreement and all other actions or arbitrations.
        
            If the agreement in this
            Section not to bring or participate in a class or representative action,
            private attorney general action or collective arbitration should be found
            illegal or unenforceable, you and Trendy agree that it shall not be severable,
            that this entire Section shall be unenforceable and any claim or dispute would
            be resolved in court and not in collective arbitration.
        
            Notwithstanding this Section,
            you have the right to litigate any dispute in small claims court, if all the
            requirements of the small claims court, including any limitations on
            jurisdiction and the amount at issue in the dispute, are satisfied.
        
            This Section shall apply to the
            maximum extent permitted by applicable law. 
        
            
                G.
                 Miscellaneous
        
            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. We may assign or transfer this
            Agreement to an affiliate or to a successor in a merger of sale of
            substantially all our assets. You may not assign or transfer this Agreement or
            your rights hereunder, and any attempt to the contrary is void. This Agreement
            sets forth the entire understanding and agreement between us and you with
            respect to the subject matter hereof. No waiver by either party of any breach
            or default hereunder shall be deemed to be a waiver of any preceding or
            subsequent breach or default. The section headings used herein are for
            convenience only and shall not affect the interpretation of this Agreement. If
            any provision of these terms shall be unlawful, void, or for any reason
            unenforceable, then that provision shall be deemed severable from these terms
            and shall not affect the validity and enforceability of any remaining
            provisions.
        
        Revised. July 21, 2014