Privacy and Other RIghts

We take your privacy seriously...

Take Me to Terms of Use

Take Me to The End User License Agreement (EULA)

Take Me to Privacy Policy

PLEASE READ THE TERMS OF USE, END USER LICENSING AGREEMENT, AND PRIVACY POLICY BEFORE USING RUNIMOGGERS PRODUCTS.

PLEASE BE SURE TO READ THE TERMS OF USE BELOW. THESE TERMS APPLY TO THE USE OF ALL NETSUKE ENTERTAINMENT INC. WEBSITES, GAMES, AND INTELLECTUAL PROPERTY (CHARACTERS, STORIES, ART, AND ALL OTHER NETSUKE ENTERTAINMENT INC. INTELLECTUAL PROPERTY.) BY SEEING [SS2] ANY NETSUKE ENTERTAINMENT INC. WEBSITE, GAME, OR INTELLECTUAL PROPERTY YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND TO THE TERMS OF USE. Our website, located at www.netsukeOMIZON.MECOM, including all of its subsites and games, INCLUDING THE GAMES “OMIZON” AND “ICE CAVES OF NAGANTA”), software, features, and services made available, displayed or offered by or through our website AND OUR STANDALONE GAMES AND RELATED CONTENT AND SERVICES (COLLECTIVELY “OMIZON PRODUCTS”) ARE offered to you by Netsuke Entertainment, Inc. doing business as Omizon Entertainment (“OMIZON”) and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, publication, or exploitation of the OMIZON PRODUCTS. The OMIZON PRODUCTS, access to OMIZON the PRODUCTS and the use of the OMIZON PRODUCTS is subject to your acceptance of the terms, conditions, policies, and notices contained herein (the “AGREEMENT”). Your access to and use of the OMIZON PRODUCTS constitutes your acceptance, without modification, of THE AGREEMENT, our general privacy policy (as of the most recent effective date) (“Privacy Policy”) and the End User License Agreement (the “EULA”) accompanying or included with OMIZON PRODUCTS. IN ADDITION, WE REQUIRE YOUR ACCEPTANCE OF THIS AGREEMENT, THE PRIVACY POLICY, AND THE EULA WHEN YOU REGISTER TO ACCESS AND USE THE STANDALONE GAMES, ALONG WITH RELATED CONTENT AND SERVICES. If you do not agree to be bound by this Agreement, the Privacy Policy or the EULA, then you are not permitted to access or use OMIZON the PRODUCTS. TERMS OF USETHIS AGREEMENT, PRIVACY POLICY, AND END USER LICENSEEULA AGREEMENT APPLY TO ALL FORMSS OF OMIZON OMIZON ENTERTAINMENT MEDIAPRODUCTS (INCLUDING BUT NOT LIMITED TO PC, TABLET, MOBILE DEVICE, AND TELEVISION). IF YOU ARE A PARENT OR GUARDIAN OF A CHILD UNDER THE AGE OF 13, WE REQUIRE YOUR EXPRESS EXPRESS ACCEPTANCE OF THE AGREEMENT, PRIVACY POLICY, AND EULA. [SS3] IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USETHIS AGREEMENT, PLEASE CONTACT support@netsuke.meLEGAL@OMIZON.COM.

Omizon Entertainment ContentIntellectual Property

All content (the “intellectual property”) provided by Omizon, Entertainment Inc., which includes trademarks, licenses, patents, copyrights, images, music, motion files, characters, environments, games, proprietary software and technologies, websites, artwork, text, graphic elements, or any other elements that make up content provided byOmizon OmizonProducts, and any and all updates, improvements or enhancements, modifications, conversions, translations, arrangements, additions, changes, compilations, derivatives or any Derivative Works Entertainment, Inc. (as the term is defined in Section 101 of the United States Copyright Act, Section 17 U.S.C 101) of Omizon Products (collectively referred to here as “Omizon ProductsIntellectual Property”)) , are expressly owned by Omizon Entertainment. Inc. and/or its Third Party Providers, and cannot be re-published, distributed, sold, used for derivative works, or transferred without Omizon Entertainment, Inc.’s permission in writing. You may not use any software or media that disrupts the Netsuke Entertainment, Inc. intellectual propertyOmizon Intellectual Property or Omizon Omizon Products. Subject to the terms and conditions of this Agreement and the EULA, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of this Agreement to access and use Omizon the Omizon Products for Omizon Product-approved, personal, non-commercial purposes only. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT OR THE EULA ARE RESERVED BY OMIZON ENTERTAINMENT, INC.

You are granted a person, non-transferrable license to use Netsuke Entertainment Intellectual Property for Netsuke Entertainment-specified purposes only.[SS4]

2. User Generated Provided Content

“User” in this case refers to account holder and/or any user of Omizon Omizon Entertainment Products. [SS5] Forom time to time, Uusers may provide status update messages, e-mail friends, chat with friends, post to bulletin boards or forums, swap virtual goods, and connect with friends in game (“Communication Features”). You understand that by using any Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other Users ("User Generated Content") that you might find objectionable.

All submitted User Generated content Content is considered part of Omizon Entertainment Iintellectual Property. In addition to Intellectual Property defined herein, Omizon owns and controls all content uploaded or introduced to the website and shall have the right to use any such User Generated Content in any manner, means or media that Omizon may desire, in its sole discretion, including, without limitation, any media now known or subsequently created.

Omizon Entertainment, Inc. encourages safe, friendly Uuser Generated Content-generated content, but Omizon does not take responsibility for such Uuser Generated Content-generated content. As such, Omizon Entertainment cannot guarantee its accuracy, quality or integrity. You understand that any User Generated Content sent through or appearing on the Communication Features is the sole responsibility of those Users or persons transmitting such User Generated Content. This means that you, and not Omizon Entertainment Inc., are entirely responsible for all User Generated Content that you transmit. Under no circumstances will Omizon Entertainment Inc. or its Third Party Providers be liable for any errors or omissions in any User Generated Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Generated Content sent through or appearing on any Communication Features.

The Uuser is responsible for any legal actions arising from submitted User Generated Ccontent. In no event will the user hold Netsuke liable for other user-generated content. By using Omizon Products [SS6] you agree to indemnify [SS7] and hold Omizon Entertainment harmless from all claims, attorney fees made by a Uuser or any third party due to violation of these terms, including, without limitation, all of Omizon Entertainments’s cost and expense of responding to and/or defending any such claims, such as court costs, attorney fees and witness fees.[SS8]

3. User Account

Your account (“Omizon Product Account”) represents you and/or your parent or guardian. You are responsible for all of your actions using Omizon Entertainment Iintellectual Property and Omizon Omizon Products. Any and all issues arising from another User related to your actions is your sole responsibility. You will be responsible for maintaining the confidentiality of your Omizon Product Account information. You indemnify Omizon Entertainment, Inc. from any responsibility arising from conflicts with other Users. To establish an account you must provide accurate name, date of birth, and e-mail. If you are under the age of 13, your parent or guardian takes full responsibility for your actions with Netsuke Entertainment Products. [SS9] Omizon Entertainment does not honor transfers (sales, gift, or otherwise) of accounts.

4. Eligibility

To establish a Omizon Product Account you must provide accurate first and last name, date of birth, and e-mail address. Accurate information enables Omizon to maintain compliance with this Agreement, the EULA and our Privacy Policy.[SS10]

Omizon Products are general audience products. If you are under the age of 13, your parent or guardian must provide his/her name and e-mail address and take full responsibility for your actions with Omizon all Omizon Products. Your parent or guardian will have the ability to access your account at all times.

Rules of Conduct

Part of setting up an Omizon Entertainment Product[SS11] Aaccount is the establishment of a user namean Omizon Name. If Omizon finds your Omizon Name offensive or if your Omizon Name violates third-party property you will be responsible for any litigation that arises and your account will be terminated. When using Omizon using any Omizon Entertainment Products, you agree to not transmit or submit content that is disrespectful, harmful, malicious, invasive of another’s privacy, stalking or harassing, viral content, disruptive to flow of conversation or server connectivity, or impersonate any person or entity. If any of these transmissions or submissions occurs, your account will be suspended or eliminated and Omizon Entertainment will reserve the right to take legal action as necessary.[SS12]

6. Third Party Links

If you choose to link to a third party social network, Omizon may transmit data in the form of Status Updates (text statements) and images to that social network. By linking to a third party social network, you agree to follow both the Omizon Terms of Use, and the Terms of Use for the third party social network. Omizon shall not be held responsible for any issues that may arise from this data transmission from you the User or from the third party social network. This includes not just social networking sites, but links to any third party sites as well.

7. Service Interruptions

Omizon Entertainment may interrupt service from time to time to perform maintenance or enhance content[SS13] . This also applies to unscheduled and uncontrolled interruptions There may also be unscheduled and uncontrolled service interruptions that may not necessarily be caused by Omizon. As such, Omizon Entertainment cannot guarantee that you will always have access to your account.

8. Warranties and Limitations to Liability

Omizon Products, including, without limitation, the website and games, [SS14] are[SS15] provided[SS16] to you solely on an “as is” basis and your use of such is at your at your own risk. Omizon disclaims any and all warranties, including without limitation warranties as to[SS17] accuracy, non-infringement, , and [SS18] merchantability[SS19] , and fitness for a particular purpose. Omizon does not warrant and disclaims all warranties disclaims[SS20] and all warranties related to your use of the Omizon Products, including, without limitation, interruption of service, loss of datainterruption of service, loss of data, computer malfunction, loss of goodwill, work stoppage, or any and all other malfunctions. All products doThere is no representation, warranty or guarantee that any of the OmMizon pProducts, including without limitation the website, will be online or available or useable for any amount of time and/or any condition and Omizon does not guarantee the continuous virus-free availability of Omizon Products. [SS21] not guarantee continuous, virus-free play. In no event will Omizon be liable to you for any indirect, exemplary, special, incidental or consequential damages[SS22] including without limitation, any damages, whether actual or alleged, arising from or related to the interruption or lack of availability of the Omizon Products. Omizon shall also not be held liable for any issues arising from circumstances beyond Omizon’s control (e.g., acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, unforeseen circumstances, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, or shortages of transportation facilities, fuel, energy, labor or materials), in part or collectively defined herein as “Force Majeure”.

9. Governing Law[SS23] , Venue and Remedies

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed, and enforced under, the laws, rules and regulations of the United States of America and tThe laws, rules and regulations of in the State of California, excluding conflict of law rules and principles. Any Agovern this agreement and any ddisputes under or in connection with this agreement that cannot be resolved informally, shall only be heard and resolved by binding arbitration before the American Arbitration association or JAMS in applicable federal or state court located in San Francisco County. In no case can any dispute be resolved on a class-action basis or using class-action procedures. nty. You agree that breach of this Agreement enables Omizon Entertainment to equitable remedy, including and any applicable cost reimbursements including recovery of associated attorney fees.[SS24]

10. Acknowledgements / Consent to Monitor[SS25]

By participating in Omizon Omizon Entertainment products[SS26] Products, you acknowledge that Omizon will need to access your computer for basic system information and IP address to provide you with Omizon services or improve services to you. This is also to provide verifiable data to correspond a User with an IP address in the case of misconduct or violation of this Agreement.

11. Miscellaneous

You acknowledge that this Agreement is complete and binding. If any section is not enforceable it is severable from the remainder of the agreement. Omizon may modify the Agreement at any time and, while it will try to provide notice, it may so modify without providing notice. Should at any time you not agree to this Agreement, or any new, modified or updated terms, stop using Omizon Products and cancel your account. Use and access to the site represent consent to the affirmation of this Agreement and any updates, modifications, or revisions.

11. Acknowledgements[SS27]

You also acknowledge that this agreement is complete and binding. You also acknowledge that Omizon Entertainment at any time can modify any and all terms of the agreement at any time. Such modifications will be available to you via posting in this web section, a patching process, or e-mail. If you do not agree to the new terms you must let Omizon know immediately and , you cannot use Netsuke Entertainment products and your account will be cancelled.

END USER LICENSING AGREEMENT (EULA)

Omizon Entertainment, Inc.’s (“OMIZON”) End-User License Agreement ("EULA") is a legal agreement between you and OMIZON for “Omizon Products” as defined in the Omizon Terms of Use[SS29] . THE EULA, TERMS OF USE AND PRIVACY POLICY REFERENCE LANGUAGE THAT IS COMMONLY SHARED BETWEEN THE AGREEMENTS. By installing or otherwise using Omizon Products, you agree to be bound by the terms of this EULA. This license agreement[SS30] , TERMS OF USE, AND PRIVACY POLICY represent the entire agreement concerning the program [SS31] between you and Omizon.

PLEASE BE SURE TO READ THE TERMS OF USE BELOW. THESE TERMS APPLY TO THE USE OF ALL NETSUKE ENTERTAINMENT INC. WEBSITES, GAMES, AND INTELLECTUAL PROPERTY (CHARACTERS, STORIES, ART, AND ALL OTHER NETSUKE ENTERTAINMENT INC. INTELLECTUAL PROPERTY.) BY SEEING [SS32] ANY NETSUKE ENTERTAINMENT INC. WEBSITE, GAME, OR INTELLECTUAL PROPERTY YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND TO THE TERMS OF USE. Our website, located at www.netsukeOMIZON.MECOM, including all of its subsites and games, INCLUDING THE GAMES “OMIZON” AND “ICE CAVES OF NAGANTA”), software, features, and services made available, displayed or offered by or through our website AND OUR STANDALONE GAMES AND RELATED CONTENT AND SERVICES (COLLECTIVELY “OMIZON PRODUCTS”) ARE offered to you by Netsuke Entertainment, Inc. doing business as Omizon Entertainment (“OMIZON”) and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, publication, or exploitation of the OMIZON PRODUCTS. The OMIZON PRODUCTS, access to OMIZON the PRODUCTS and the use of the OMIZON PRODUCTS is subject to your acceptance of the terms, conditions, policies, and notices contained herein (the “AGREEMENT”). Your access to and use of the OMIZON PRODUCTS constitutes your acceptance, without modification, of THE AGREEMENT, our general privacy policy (as of the most recent effective date) (“Privacy Policy”) and the TERMS OF USE (the “TOU”) accompanying or included with OMIZON PRODUCTS. IN ADDITION, WE REQUIRE YOUR ACCEPTANCE OF THIS AGREEMENT, THE PRIVACY POLICY, AND THE TOU WHEN YOU REGISTER TO ACCESS AND USE THE STANDALONE GAMES, ALONG WITH RELATED CONTENT AND SERVICES. If you do not agree to be bound by this Agreement, the Privacy Policy or the TOU, then you are not permitted to access or use OMIZON the PRODUCTS. TERMS OF USETHIS AGREEMENT, PRIVACY POLICY, AND END USER LICENSETOU AGREEMENT APPLY TO ALL FORMSS OF OMIZON OMIZON ENTERTAINMENT MEDIAPRODUCTS (INCLUDING BUT NOT LIMITED TO PC, TABLET, MOBILE DEVICE, AND TELEVISION). IF YOU ARE A PARENT OR GUARDIAN OF A CHILD UNDER THE AGE OF 13, WE REQUIRE YOUR EXPRESS EXPRESS ACCEPTANCE OF THE AGREEMENT, PRIVACY POLICY, AND TOU. [SS33] IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USETHIS AGREEMENT, PLEASE CONTACT support@netsuke.meLEGAL@OMIZON.COM.

OMIZON OMIZON PRODUCTS ARE LICENSED, NOT SOLD. Any use, reproduction, modification or distribution of OmizonOMIZON Products not authorized in the TOU or THIS AGREEMENT EULA[SS34] is prohibited. If you do not agree to the terms of this EULA, do notYOUR INSTALLATION AND/OR USE OF OMIZON PRODUCTS REPRESENTS YOUR AFFIRMATIVE AGREEMENT TO ALL TERMS, CONDITIONS, COVENANTS, AND/OR OBLIGATIONS SET FORTH IN THIS AGREEMENT. YOUR ONGOING USE OF SUCH OMIZON PRODUCTS REPRESENTS YOUR ONGOING AND CONTINUED AFFIRMATION OF SUCH AGREEMENT. install or use Omizon Products[SS35] .

1. Grant of License

Omizon Omizon Products are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. Omizon Products are licensed, not sold. Omizon grants you a limited, non-exclusive, revocable[SS36] , non-assignable, non-transferable right to install and use Omizon Products on your computer or mobile device and use Omizon Products in conjunction with a wi-fi, lan, or internet connection and/or the Omizon Game Server (“Omizon Server”) solely for[SS37] your personal non[SS38] -commercial, entertainment purposes only.

2. Description of Other Rights and Limitations

You agree that you will not under any circumstances:

In whole or in part copy, derive source code from, reverse engineer, modify, decompile, disassemble, or create derivative works based Omizon Products[SS39] , including without limitation, all “Derivative Works” as such term is defined in Section 106 of the United States Copyright Act (Title 17 United States Code) and like laws in other jurisdictions..

Use mods or hacks to change or modify the Omizon Product or experience.

License, rent or lease Omizon Products or interests in Omizon Products to third parties.

Exploit Omizon Products for commercial purposes[SS40] ,, including but not limited to selling [SS41] Omizon in-game currency, characters, assets, games, or any other Omizon Products..

Use any third-party software that intercepts or collects Omizon Product data.

Intercept Omizon protocols as part of a content aggregation networks or any other form of Omizon communication redirection.

Use any tools other than those expressly approved by Omizon[SS42] .

Use the Omizon Products, Omizon Server, or any service provided by or on behalf of Omizon in any manner that may be contrary to applicable laws, rules and/or regulations.

3. Terms of Use and Privacy Policy

You must agree to the TOU located in the “Legal” section of the website[SS43] located at www.omizon.com[SS44] . The TOU governs the use of Omizon Products. If you do not agree to the TOU, you cannot use Omizon Products. You also acknowledge that you have read tand agreed to the Privacy Policy provided in the “Privacy” section located under “Privacy” at wwww.omizon.com.

4. Ownership

All Intellectual Property [SS45] provided by Omizon, which includes without limitation trademarks[SS46] , licenses, patents, copyrights, images, music, motion files, characters, environments, games, proprietary software and technologies, codes, websites, artwork, text, graphic elements or any other elements that make up content provided by Omizon (collectively referred to here as “Omizon Intellectual Property”), are expressly and/or controlledowned by[SS47] Omizon and cannot be republished, distributed, sold, used for derivative works, or transferred without Omizon’s permission in writing. Omizon, and any Omizon Third Parties (as defined in the TOU) will enforce any and all applicable United States and International laws to protect ownership of Omizon Intellectual Property and Omizon Products.

5. Protected Software

As part of the Omizon Products, you will be[SS48] required to download protected software on to your computer. This protected software may be Omizon [SS49] software owned, controlled and/or licensed by or on behalf of Omizon, and/or third party softwareor third party software. You agree not to copy, derive source code from, reverse engineer, modify, decompile, disassemble, or create derivatives of [SS50] such protected software.

6. Support Services and Patches/Updates

OMIZON Omizon [SS51] may provide you with support services related to Omizon Products ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of Omizon Products and subject to the terms and conditions of this Agreement.EULA. Omizon may also push through patches and updates to improve gameplay quality. You provide[SS52] your express consent[SS53] to deploy and apply such patches or updates.

7. Compliance with Applicable Laws

Your right and license to use the Omizon Products in a manner consistent with this Agreement is subject to your ongoing and continued compliance with You must comply with all applicable [SS54] international treaties, federal, state and local laws regarding use of all Omizon Products[SS55] . Omizon is not responsible for activities in violation of these laws and will terminate user accounts for improperly adhering to these laws. This also applies to export and use of Omizon Products that may be in countries with U.S. embargoed goods or the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

8. Termination

Without prejudice to any of its rights or remedies, whether under this Agreement or applicable law, other rights[SS56] , Omizon may terminate this Agreement if you fail to comply with any of the[SS57] terms and conditions of this Agreement. In such event, you must immediately destroy[SS58] all Omizon Products in your possession. You may also terminate the Agreement at any time by letting Omizon know formally in writing you would like to terminate the Agreement and by destroying all Omizon Products in your possession.[SS59]

9. Warranties and Limitations to Liability

Omizon Products, including, without limitation, the website and games, [SS60] are[SS61] provided[SS62] to you solely on an “as is” basis and your use of such is at your at your own risk. Omizon disclaims any and all warranties, including without limitation warranties as to[SS63] accuracy, non-infringement, , and [SS64] merchantability[SS65] , and fitness for a particular purpose. Omizon does not warrant and disclaims all warranties disclaims[SS66] and all warranties related to your use of the Omizon Products, including, without limitation, interruption of service, loss of datainterruption of service, loss of data, computer malfunction, loss of goodwill, work stoppage, or any and all other malfunctions. All products doThere is no representation, warranty or guarantee that any of the OmMizon pProducts, including without limitation the website, will be online or available or useable for any amount of time and/or any condition and Omizon does not guarantee the continuous virus-free availability of Omizon Products. [SS67] not guarantee continuous, virus-free play. In no event will Omizon be liable to you for any indirect, exemplary, special, incidental or consequential damages[SS68] including without limitation, any damages, whether actual or alleged, arising from or related to the interruption or lack of availability of the Omizon Products. Omizon shall also not be held liable for any issues arising from circumstances beyond Omizon’s control (e.g., acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, unforeseen circumstances, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, or shortages of transportation facilities, fuel, energy, labor or materials), in part or collectively defined herein as “Force Majeure”.

10. Governing Law[SS69] , Venue and Remedies

Except as expressly provided otherwise[SS70] , this Agreement shall be governed by, and will be construed, and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles. Any disputes under or in connection with this agreement that cannot be resolved informally, shall only be resolved by binding arbitration before the American Arbitration a[SS71] sAssociation or JAMS in San Francisco County. In no case can any dispute be resolved on a class-action basis or using class-action procedures. You agree that breach of this Agreement enables Omizon to equitable remedy and any applicable cost reimbursements including recovery of associated attorney fees.[SS72]

You agree that breach in terms of service enables Omizon to equitable remedy, including recovery of associated attorney fees.[SS73]

1111. Consent to Monitor[SS74]

By participating in Omizon Products, you acknowledge that Omizon will need to access your computer for basic system information and IP address to provide you with Omizon services or improve services to you. This is also to provide verifiable data to correspond a User with an IP address in the case of misconduct or violation of this Agreement.

12. Miscellaneous

You acknowledge that this agreement is complete and binding. If any section is not enforceable it is severable from the remainder of the agreement. Omizon may modify the Agreement at any time and, while it will try to provide notice, it may so modify without providing notice. Should at any time you not agree to this Agreement, or any new, modified or updated terms, stop using Omizon Products and cancel your account. Use and access to the site represent consent to the affirmation of this Agreement and any updates, modifications, or revisions.

. Acknowledgements / Consent to Monitor[SS75]

By participating in Omizon Products, you acknowledge that Omizon will need to access your computer for basic system information and IP address to provide you with Omizon services or improve services to you. You also acknowledge that this agreement is complete and binding. You also acknowledge that Omizon at any time can modify any and all terms of the agreement at any time. Such modifications will be available to you via posting in this web section, a patching process, or e-mail. If you do not agree to the new terms, you cannot use Omizon Products and your account will be cancelled. [SS76]

NORMAN – This generally reads well and is succinct. However, for this type of document, additional details so long as accurate should be considered. Some areas to consider adding are addressing “Eligibility”, a DMCA statement/compliance, links to third party sites. In addition, I would add additional information related to establishing a user account (such as log-in details, security and no ownership) and the rules of conduct (you have one statement as to user name, one rule and one statement as to the consequences – additional details can address additional dos/don’t re user names, more subjectivity to Netsuke to determine discipline to users, acceptable online conduct, additional rules specific to chat and interaction with other users, if applicable, additional rules specifically for game play and a cross-reference to the EULA with respect to Netsuke’s right to take disciplinary action.

PAGE: PRIVACY POLICY

THE FOLLOWING PRIVACY POLICY AND INFORMATION PRACTICES IS[SS78] POSTED AS A DIRECT NOTICE TO PARENTS. We take privacy protection very seriously.WE TAKE PRIVACY PROTECTION VERY SERIOUSLY. WE WANT THE BROADEST COMMUNITY OF PLAYERS AND THE SAFEST SPACE FOR FUN AND ENTERTAINMENT. OMIZON PRODUCTS ARE GENERAL AUDIENCE PRODUCTS. WE MAKE EVERY EFFORT TO COMPLY WITH THE CHILREN’S ONLINE PRIVACY PROTECTION ACT[SS79] (COPPA).[SS80] ) AND WILL CONTINUOUSLY UPDATE THIS PRIVACY POLICY AS OMIZON PRODUCTS DEVELOP.We want the broadest community of players and the safest space for fun and entertainment. A such we comply with the Children’s Online Privacy Protection Act (COPPA.)

1. Information We Collect

When you register for Omizon Products or make a purchase, we directly collect basic profile information as listed in the profile setup – this includes:

Required Account Information (you must provide these):

User Omizon Name
Password
First Name
Last Name
E-Mail Address
Parent/Guardian Name (if under 13)
Parent/Guardian E-Mail Address (if under 13)

Optional Account Information (you don’t need to provide these):

User Image
Gender
Social Networking Preferences
Multiplayer Online Game Preferences
Virtual Worlds Preferences
Game Networks Preferences

All social networking links, online hobbies, an e-mail, username and password. Ffinancial data is stored separately with a third-party financial provider. [SS81] We do not track your Internet activity through cookies[SS82] , but we may create a cookie to enable you to quickly access the same saved Omizon Product settings.

2. Parent/Guardian Approval

Users that are under the age of 13 must have approval from a parent or guardian. We request the parent/guardian’s name and email address as part of setting up a new account. The parent/guardian is sent an email with the username and password of the accountholder under the age of 13. It is the parent or guardian’s rtheir [SS83] responsibility to monitor at allany [SS84] time[SS85] s their child’s use of Omizon Products.activity on the site[SS86] . False data regarding parent/guardian name and email address is grounds for account cancellation. During account setup, parents/guardians are also prompted when financial data is required to ensure their participation in the process.

3. How We Use Your Information

We use your information in three basic ways[SS87] :

To customize and improve the service that is provided to you

To correspond with you regardingon Omizon or Omizon-Related-related games and offers Products (including, but not limited to, general product marketing, third-party promotional offerings, contests, sweepstakes, or other promotional uses)

To facilitate your social or gaming experience in and with Omizon Products

Your information will not be sold, transferred or exchanged to any third-party without your prior consent (or the consent of your parent or guardian if under the age of 132.)

How We Protect Your Information

We have a secure server that enables transactions to take place through encryption technology. More will be published on the ways we protect your information as Omizon Products develop. [Baytech Note: We’ll need to fill this one out more when we figure out the path for security.]

Some or all of collected information may be stored with a third-party storage provider.

All financial data is stored separately with a third-party financial provider. [SS88]

5. Cookies

We do not track your Internet activity through cookies[SS89] , but we may create a cookie to enable you to quickly access saved Omizon Product settings. This may include, but is not limited to, saving your login/password on a particular terminal or at a particular location.

65. Third Party Advertising

In the event Omizon features third-party advertising, all advertising is subject to the privacy policy of the advertiser. Omizon does not take responsibility for Third-Party Advertising privacy policies.

67. Changes to Profile Data

At any time, you can go to your account profile and change any of your profile data or settings. At any time, parents can review their child’s personal information or ask to have this information deleted. To delete this information, you must cancel the account. To cancel the account, go to the User Account page and select “Cancel Account.”

[Baytech Note: How Do We Delete Accounts?]

87. Consent

By using our site, you and or your parent/guardian consent to this privacy policy. Any questions regarding this privacy policy can be directed to privacy@Omizon.me privacy@omizon.com or formally in writing to:

Omizon Entertainment

P.O. Box 720136

San Francisco, CA 94172

[SS1]In addition to prior inserted comments, see additional comments sent by email August 3, 2010.

[SS2]As with the Terra sample, given that the consumer is accessing this document from the website, the TOU governs the use of the website and the consumer or End User agrees to be bound to the TOU upon his/her access and/or use of the website. Use of products on other media will be subject to an EULA, perhaps in addition to these TOU. While I have same language below with which you can compare, I did correct a few drafting errors/clarifications. Sample language for comparison purposes: “Our website, located at www.Omizongames.com, including all of its subsites and all games (including the ________ game “____” (the “Game”)), software, products, features, and services made available, displayed or offered by or through our website or subsites (collectively, the “Website [SS2]”) is offered to you by Omizon Entertainment, Inc. (“Omizon”) and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, publication, or exploitation of the Website.” The Website, access to the Website and the use of the Website is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement”). Your access to and use of the Website constitutes your acceptance, without modification, of this Agreement, and also our general privacy policy (as of the most recent effective date) (“Privacy Policy”) and the End User License Agreement (the “EULA”) accompanying or included with the Website. In addition, we require your express acceptance to this Agreement, the Privacy Policy and the EULA when you register to access and use the Game itself, along with related content and services. If you do not agree to be bound by this Agreement, the Privacy Policy or the EULA, then you are not permitted to access or use the Website.

[SS3]More than this may be required with respect to parental consent, particularly if users of the site may be under 1, in which case I believe that COPPA requires some form of affirmative consent. (Even if not required, likely advisable.) See the COPPA rules that you included among the "sample" that you provided. (This also gets addressed in the Privacy Policy.)

[SS4]The consent and license is with respect to the website (which in turn contains all of the Omizon Entertainment content or what you have defined as “Intellectual Property”. In terms of drafting, you’ve defined the same thing as both “Content” and “Intellectual Property”. Also, here is some better license language:

Subject to the terms and conditions of this Agreement and the EULA, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of this Agreement to access and use the Website. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT OR THE EULA ARE RESERVED BY OMIZON ENTERTAINMENT INC.

[SS5]Not sure if you need this, but I have used the term in subsequent edits.

[SS6]This is the way to refer to the triggering event, as opposed to use of Omizon content or use of Omizon Intellectual Property.

[SS7]May want to separate out and address in one paragraph / section, particularly as there are other areas that also not the users indemnification obligations.

[SS8]While this is generally okay, you may want to have separate paragraphs/sections dealing with (i) all of the communication/interaction features of the website (which you would spell out and define as UGC) and (ii) ownership (which will make clear that Omizon owns and controls all content uploaded or introduced to the website (in addition to what you have defined as Intellectual Property) and shall have the right to use any such UGC in any manner, means or media that Omizon may desire, in its sole discretion, including, without limitation, in any media now known or subsequently created, and any type.

[SS9]Consider referring to this as part of a separate, stand alone, “Eligibility” paragraph / section. Also note that need to verify if what is stated is in fact consistent with COPPA.

[SS10]Consider referring to this as part of a separate, stand alone, “Eligibility” paragraph / section. Also note that need to verify if what is stated is in fact consistent with COPPA.

[SS11]Note prior comment re: the defined terms you are using and need to be consistent.

[SS12]This makes up what is also referred to as a “Code of Conduct”, which can be much more detailed to the extent applicable. I have included a sample in a separate word document attached to the email to which this marked-up TOU is attached.

[SS13]Add reference also to unscheduled and uncontrolled interruptions (which will not necessarily be done by Omizon).

[SS14]Again, note the term and other similar defined terms and make sure you are being consistent.

[SS15]Consider adding here “including, without limitation, the Services and Website

[SS16]Consider adding here “to you solely on an "as is" basis and your use of such is at your own risk."

[SS17]Add here “as”.

[SS18]delete

[SS19]Add here “and fitness for a particular purpose.".

[SS20]Add here “does not warrant and disclaims all warranties related to your use of the Omizon Property, including, without limitation, interruption of service, loss of data....".

[SS21]Consider, in lieu of this text, the following: "There is no representation, warranty or guarantee that any of the Omizon Products, including, without limitation, the Website, will be online or available or useable for any amount of time and/or in any condition and Omizon does not guarantee the continuous, virus-free availability of the Website or the game. [Is "game" referenced or defined?]

[SS22]Add here, "including, without limitation, any damages, whehter actual or alleged, arising from or related to the interruption or lack of availability of the Omizon Products, including, without limitation, the Website."

[SS23]Consider adding an arbitration clause. While there has been some case law where the inclusion of such in the context of an agreement where assent is essentially via click-through was not appropriate, the pro is that it helps reduce the likelihood of a class action. While something best opined to by a litigator, let me know if you want to discuss.

[SS24]This is awkward; see the like clause in the Terra sample (para 15) for how a clause entitling you to pursue equitable remedies is generally stated. Recover of attorney fees is a separate clause – along the lines that You agree that in the event of any dispute arising out of this Agreement, the victorious party shall be entitled to payment of all of its court costs, attorneys fees and expert witness fees, in addition to any other relief or remedies to which the victorious party may be entitled under applicable law.

[SS25]I think you try to do a few different things in this paragraph. I’d add a bit more detail re the consent to monitor and/or access a users computer and IP address. Then, have a separate paragraph, likely in a "Miscellaneous" section, referring to the fact that this is the entire agreement among the parties, that if any section is not enforceable it is severable from the remainder of the agreement, that Omizon may modify this agreement at any time and, while it will try to provide notice, it may so modify without providing notice; should at any time you not agree to these TOU or any new, modified or updated terms, stop using the website and cancel your account; use and access to the site represents consent to and affirmation of these TOU and any updates, modifications or revisions.

[SS26]Same comment regarding consistency – again, the user is using the Omizon website and accessing whatever products and content are contained on the site.

[SS27]I think you try to do a few different things in this paragraph. I’d add a bit more detail re the consent to monitor and/or access a users computer and IP address. Then, have a separate paragraph, likely in a "Miscellaneous" section, referring to the fact that this is the entire agreement among the parties, that if any section is not enforceable it is severable from the remainder of the agreement, that Omizon may modify this agreement at any time and, while it will try to provide notice, it may so modify without providing notice; should at any time you not agree to these TOU or any new, modified or updated terms, stop using the website and cancel your account; use and access to the site represents consent to and affirmation of these TOU and any updates, modifications or revisions.

[SS28]Below are inserted comments based on my earlier review of the document; I did not make any edits in the text itself. Note also that you need to actually delete all of these inserted comments and tracked changes, as the text can still be accessed.

[SS29]Better to define here (especially if you may use this EULA on a stand-alone basis).

[SS30]Should state “EULA”.

[SS31]Is this the correct term? Perhaps mean “Product”?

[SS32]As with the Terra sample, given that the consumer is accessing this document from the website, the TOU governs the use of the website and the consumer or End User agrees to be bound to the TOU upon his/her access and/or use of the website. Use of products on other media will be subject to an EULA, perhaps in addition to these TOU. While I have same language below with which you can compare, I did correct a few drafting errors/clarifications. Sample language for comparison purposes: “Our website, located at www.Omizongames.com, including all of its subsites and all games (including the ________ game “____” (the “Game”)), software, products, features, and services made available, displayed or offered by or through our website or subsites (collectively, the “Website [SS32]”) is offered to you by Omizon Entertainment, Inc. (“Omizon”) and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, publication, or exploitation of the Website.” The Website, access to the Website and the use of the Website is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement”). Your access to and use of the Website constitutes your acceptance, without modification, of this Agreement, and also our general privacy policy (as of the most recent effective date) (“Privacy Policy”) and the End User License Agreement (the “EULA”) accompanying or included with the Website. In addition, we require your express acceptance to this Agreement, the Privacy Policy and the EULA when you register to access and use the Game itself, along with related content and services. If you do not agree to be bound by this Agreement, the Privacy Policy or the EULA, then you are not permitted to access or use the Website.

[SS33]More than this may be required with respect to parental consent, particularly if users of the site may be under 1, in which case I believe that COPPA requires some form of affirmative consent. (Even if not required, likely advisable.) See the COPPA rules that you included among the "sample" that you provided. (This also gets addressed in the Privacy Policy.)

[SS34]Consider inserting here “this” (before “EULA”).

[SS35]Consider adding the following text: Your installation and/or use of the Omizon Products represents your affirmative agreement to all terms, conditions, covenants and/or obligations set forth in this EULA, and you ongoing use of such Omizon Products represents your ongoing and continued affirmation of such agreement.

[SS36]Consider inserting here “non-assignable, non-transferable”.

[SS37]Consider adding here “solely “.

[SS38]Consider adding here “your personal”.

[SS39]Consider adding here “, including without limitation, all “Derivative Works” as such term is defined in Section 106 of the United States Copyright Act (Title 17 United States Code) and like laws in other jurisdictions.”

[SS40]Consider adding after “commercial purposes” “of any…”.

[SS41]Consider adding “or trading” (after “selling”).

[SS42]Consider adding another bullet point that states: “Use the Omizon Products, Omizon Game Server, Website or any service provided by or on behalf of Omizon in any manner that may be contrarty to applicable laws, rules and/or regulations."

[SS43]I believe that this is a defined term, thus should be capitalized.

[SS44]Consider adding here “Omizon website located at www.Omizon.com (“Website”).

[SS45]As I do not believe that this is a defined term, should be lower case.

[SS46]Consider inserting here “without limitation” (before “trademarks”).

[SS47]Consider inserting here “and/or controlled” (before “by”).

[SS48]Missing a word here – likely insert “may” (or perhaps “will” if truly accurate) (before “be”).

[SS49]I would delete the word here and instead state: “…may be software owned, controlled and/or licensed by or on behalf of Omizon, and/or third party software.”

[SS50]Seemingly should state “derivates of”.

[SS51]Why all caps here?

[SS52]Consider adding here “hereby” (before “provide”).

[SS53]Consider adding here “express” (before “consent”).

[SS54]Consider adding here, to start the paragraph, the following: “ Your right and license to use the Omizon Products in a manner consistent with this EULA is subject to your ongoing and continued compliance with all applicable….”.

[SS55]Note that, while more applicable to the Privacy Policy, there are specific requirements in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 applicable to citizens of the EU that must be followed.

[SS56]Consider replacing as follows: “…of its rights or remedies, whether under this EULA or applicable law,

[SS57]Consider adding here “any of”.

[SS58]Consider adding here “immediately”.

[SS59]May want to rephrase so that it is clearer that Omizon must receive written noice of the end users desire to terminate the EULA.

[SS60]Again, note the term and other similar defined terms and make sure you are being consistent.

[SS61]Consider adding here “including, without limitation, the Services and Website

[SS62]Consider adding here “to you solely on an "as is" basis and your use of such is at your own risk."

[SS63]Add here “as”.

[SS64]delete

[SS65]Add here “and fitness for a particular purpose.".

[SS66]Add here “does not warrant and disclaims all warranties related to your use of the Omizon Property, including, without limitation, interruption of service, loss of data....".

[SS67]Consider, in lieu of this text, the following: "There is no representation, warranty or guarantee that any of the Omizon Products, including, without limitation, the Website, will be online or available or useable for any amount of time and/or in any condition and Omizon does not guarantee the continuous, virus-free availability of the Website or the game. [Is "game" referenced or defined?]

[SS68]Add here, "including, without limitation, any damages, whehter actual or alleged, arising from or related to the interruption or lack of availability of the Omizon Products, including, without limitation, the Website."

[SS69]Consider adding an arbitration clause. While there has been some case law where the inclusion of such in the context of an agreement where assent is essentially via click-through was not appropriate, the pro is that it helps reduce the likelihood of a class action. While something best opined to by a litigator, let me know if you want to discuss.

[SS70]While okay to leave the language, is there another areas of the agreement that provides otherwise?

[SS71]Capital A

[SS72]This is awkward; see the like clause in the Terra sample (para 15) for how a clause entitling you to pursue equitable remedies is generally stated. Recover of attorney fees is a separate clause – along the lines that You agree that in the event of any dispute arising out of this Agreement, the victorious party shall be entitled to payment of all of its court costs, attorneys fees and expert witness fees, in addition to any other relief or remedies to which the victorious party may be entitled under applicable law.

[SS73]This is awkward; see the like clause in the Terra sample (para 15) for how a clause entitling you to pursue equitable remedies is generally stated. Recover of attorney fees is a separate clause – along the lines that You agree that in the event of any dispute arising out of this Agreement, the victorious party shall be entitled to payment of all of its court costs, attorneys fees and expert witness fees, in addition to any other relief or remedies to which the victorious party may be entitled under applicable law.

[SS74]I think you try to do a few different things in this paragraph. I’d add a bit more detail re the consent to monitor and/or access a users computer and IP address. Then, have a separate paragraph, likely in a "Miscellaneous" section, referring to the fact that this is the entire agreement among the parties, that if any section is not enforceable it is severable from the remainder of the agreement, that Omizon may modify this agreement at any time and, while it will try to provide notice, it may so modify without providing notice; should at any time you not agree to these TOU or any new, modified or updated terms, stop using the website and cancel your account; use and access to the site represents consent to and affirmation of these TOU and any updates, modifications or revisions.

[SS75]I think you try to do a few different things in this paragraph. I’d add a bit more detail re the consent to monitor and/or access a users computer and IP address. Then, have a separate paragraph, likely in a "Miscellaneous" section, referring to the fact that this is the entire agreement among the parties, that if any section is not enforceable it is severable from the remainder of the agreement, that Omizon may modify this agreement at any time and, while it will try to provide notice, it may so modify without providing notice; should at any time you not agree to these TOU or any new, modified or updated terms, stop using the website and cancel your account; use and access to the site represents consent to and affirmation of these TOU and any updates, modifications or revisions.

[SS76]Note comments to similar language in TOU document.

[SS77]This reads well but needs more detailed information, particularly if you are going to allow children (those under 13) to access the site and utilize its features. Among other things, you need to spell out exactly what information you collect, particularly if there is personally identifiable information (see your COPPA attachment) (more than what you have unless that truly is all the information that you collect. There is a California Privacy law to consider incorporating. Other topics to consider including use of cookies, addressing links to other sites, updates/changes to the policy and opting-out from further contact or use of information.

[SS78]Add here “and information practices”.

[SS79]Note that provisions from the Communications Decency Act (CDA) also are at issue.

[SS80]Move period outside parenthesis.

[SS81]May want to include language acknowledging that some or all of collected information may be stored with a third party storage provider – you may address this in the TOU.

[SS82]Given some of the sensitivities around cookies or any kind of potential communication with the user’s computer, monitoring, et., I recommend you address cookies and the tracking of information in its own section and add more detail / information, including practices.

[SS83]Replace with “the parent or guardian’s”.

[SS84]Replace with “all”.

[SS85]Make plural.

[SS86]This should be a defined term.

[SS87]What about (i) in connection with contests, sweepstakes or other promotional uses, (ii) product marketing in general, or (iii) marketing or promotion with partners, licensors, etc.?

[SS88]May want to include language acknowledging that some or all of collected information may be stored with a third party storage provider – you may address this in the TOU.

[SS89]Given some of the sensitivities around cookies or any kind of potential communication with the user’s computer, monitoring, et., I recommend you address cookies and the tracking of information in its own section and add more detail / information, including practices.