END USER TERMS AND CONDITIONS

1. Introduction

1.1. These terms and conditions (the "End User Terms and Conditions") govern the provision of the Emoji Games Embedded Try & Buy Solution and Emoji Games Downloadable Try & Buy Solution (the "Service", as defined below) provided by Emoji Games GmbH ("Emoji Games" or "us" or "we", as the context may require) to our Customers ("Customer" or "you", which includes anyone acting on your behalf or with your authorization).

2. Definitions and Interpretation

2.1. In these terms and conditions, the following terms shall have their respective meanings (unless the context requires otherwise):

• "Agreement" means your Order, our privacy policy, and the End User Terms and Conditions including its schedules.
• "Demo Game" means the trial version of a Mobile Game.
• "Full Version Game" means the full version of a Mobile Game.
• "Mobile Game" means a video game playable on a mobile phone on a Try and Buy Basis.
• "Intellectual Property Rights" means all patents, copyrights, design rights, trademarks, trade names, service marks, inventions, trade secrets, know-how, database rights, computer code or scripts, and all other rights in the nature of intellectual property rights (whether registered or unregistered) anywhere in the world.
• "Licence Fee" means the licence fee payable for the use of the Full Version Game as displayed on your mobile handset when you place your Order or as subsequently notified to you.
• "Emoji Games Embedded Try and Buy Solution" means the solution that enables games to be pre-installed on a mobile handset on a Try and Buy Basis.
• "Emoji Games Downloadable Try and Buy Solution" means any solution that enables games to be downloaded to a mobile handset on a Try and Buy Basis.
• "Order" means your purchase order for the Unlocking Code of a Full Version Game, which you (or any other person acting on your behalf or with your authorization) place using your mobile handset or via the internet.
• "Privacy Policy" means the privacy policy of Emoji Games GmbH as amended and published on our website.
• "Service" means the Emoji Games Embedded Try & Buy Solution or the Emoji Games Downloadable Try & Buy Solution, which allows users to buy a license to use a Full Version Game by way of an unlocking code provided to users by Emoji Games.
• "Try and Buy Basis" means the basis by which customers are permitted to try out Demo Games (either pre-installed or downloaded from a website) and then purchase the Full Version Game by means of an Unlocking Code.
• "Unlocking Code" means the 6-digit code that unlocks a Demo Game so that you can play the Full Version Game pre-installed or downloaded to your mobile handset.

2.2. In the event of any conflict or inconsistency between your Order and these End User Terms and Conditions, these End User Terms and Conditions shall prevail.

2.3. Nothing in these End User Terms and Conditions will affect the terms and conditions of your mobile operator, including any terms and conditions for a pre-pay service, which will separately apply to you. Likewise, any terms and conditions of the manufacturer of your mobile handset and of the publisher of the Mobile Game will also separately apply to you.

3. When this Agreement Begins

3.1. This Agreement shall take effect when you download the Mobile Game to your mobile handset or the first time you play a Demo Game if the Mobile Game is already pre-installed on your mobile handset.

4. Purchase of the Mobile Game

4.1. Emoji Games provides the Services, enabling you to order and unlock a Mobile Game.

4.2. By submitting your Order, you are placing an order for the purchase of a license to use the Full Version Game, at the price of 11,07 PLN.

• (a) Where the Licence Fee is charged to a mobile phone bill, and you place the Order in a jurisdiction where the charge to the mobile phone bill occurs when we send a confirmation premium rate text message with the Unlocking Code to the mobile handset from which the Order was placed ("Confirmation SMS"), you complete your purchase when we send the Confirmation SMS.
• (b) Where the Licence Fee is charged to a mobile phone bill and you place the Order in a jurisdiction where the Licence Fee charge to the mobile phone bill occurs when you place the Order, you complete your purchase when you place the Order.
• (c) Where the Licence Fee is charged to a debit or credit card, you complete your purchase when we send you the Unlocking Code via email.

5. Fees and Payment

5.1. The Licence Fee will be charged:

• (a) to your mobile phone bill or prepaid card if you place the Order via your mobile handset; or
• (b) where applicable, to your debit or credit card if the application has been made via the internet.

5.2. If you place an Order using your mobile handset in the UK or another jurisdiction where a mobile phone bill charge occurs when we send the Confirmation SMS, your Order is placed using a standard text message (SMS). You will therefore be charged the cost of one SMS text message at your mobile operator's standard rate (depending on the particular terms of your mobile service).

5.3. If you download a Mobile Game, you may be charged your mobile operator's standard internet charges for the time you are connected to the website using your mobile handset, in addition to the Licence Fee. Please be aware that internet charges may be high if you are accessing the website while roaming. You will be solely responsible for any roaming charges.

5.4. The prices of Mobile Games are clearly specified in the Service. Should there be an update to the price of a Mobile Game, we will notify you of the new price before confirming your Order, otherwise you will be entitled to a refund.

5.5. All prices are inclusive of applicable VAT unless otherwise stated.

6. Grant and Scope of Licence

6.1. In consideration for your agreement to abide by the terms of this Agreement and subject to your acceptance of any applicable terms and conditions of publishers of the Mobile Game, Emoji Games grants to you a non-exclusive, non-transferable licence to use the Service for the purpose of accessing the Demo Game for your own use in accordance with the terms of this Agreement.

6.2. In consideration for payment of the Licence Fee and your agreement to abide by the terms of this Agreement and also subject to your acceptance of any applicable terms and conditions of publishers of the Mobile Game, Emoji Games grants to you a non-exclusive, non-transferable licence to use the Service (for your own use in accordance with the terms of this Agreement) for the purpose of unlocking and accessing the Full Version Game using the Unlocking Code provided to you by Emoji Games, restricted only to use on the mobile handset on which the Mobile Game was pre-installed or downloaded.

6.3. Mobile Games may not be transferred to other devices.

6.4. The terms of the licence granted to you by Emoji Games shall govern any updates that replace or supplement the Service, unless such update is accompanied by a separate licence, in which case the terms of that licence shall apply.

6.5. This licence does not transfer to you any rights to promotional use of the Service or any Mobile Games (i.e. Demo Games or Full Version Games), nor rights to record Mobile Games onto CD, nor the right to download or store a Mobile Game on any mass storage device (save for one-time storage on the mobile handset from which you placed your Order).

7. Restrictions on use of Services

7.1. This Service is available to persons aged 16 years or older. If you are 16 years or older but under 18 years of age, you should review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand it.

7.2. The Service is only available in the country where you purchased your mobile handset and Mobile Game. You agree not to download Mobile Games outside that location.

8. Your warranties, undertakings and conditions of use

8.1. You warrant that:

• (a) you are 18 years of age or older or have parental consent;
• (b) if the Order was placed using a mobile handset, you are the account holder for the mobile handset from which the Order was placed or you have the consent of the account holder to use the mobile handset to place the Order;
• (c) you will use the Mobile Games solely for your own use and in accordance with the terms of this Agreement and the terms of the publishers of Mobile Games and not as part of or for the purpose of any business enterprise; and
• (d) you have checked that you have not already placed an Order for the same Mobile Game before placing your Order and you acknowledge that we will not be liable for any duplicate charges resulting from you placing multiple orders for the same Unlocking Code.

8.2. You acknowledge and agree that:

• (a) the Licence Fee (and any other mobile operator charges), if the Order is placed via a mobile handset, will be automatically charged to the mobile phone account;
• (b) we will not be responsible for any duplicate charges you may incur as a result of any event beyond our reasonable control;
• (c) delivery of the Unlocking Code via SMS may sometimes be delayed, depending on circumstances of your network operator, and we will not be responsible for such delays which are beyond our control;
• (d) delivery of the Unlocking Code will occur when your payment is authorised by your network operator. You acknowledge that your Order may be rejected by your network operator for some reason and we will not be responsible for such Order failure;
• (e) we will not be responsible for non-delivery of the Unlocking Code due to network failure, or if your mobile handset is switched off or if your message inbox is full;
• (f) we are not in any way responsible for providing, configuring or maintaining any hardware, equipment or software that may be required to access the Service or use the Mobile Game (for example, mobile handset, SIM card, etc.);
• (g) we will not be responsible for failure to download a Mobile Game to your mobile handset from third-party websites; and
• (h) you will use the Mobile Games only in accordance with this Agreement.

8.3. Except where expressly permitted in this Agreement (or by law), you undertake:

• (a) not to copy, distribute, modify, reformat, display, licence, sub-licence, transmit, sell, lend, translate, publish, transfer or otherwise make available the Mobile Games or the Unlocking Code or attempt to do so; and
• (b) not to disassemble, decompile, adapt, alter, merge, modify or reverse engineer the Mobile Game or create derivative works based on the whole or any part of the Mobile Game or attempt to do so.

8.4. You undertake to indemnify Emoji Games against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities arising from any claims arising from your breach of any of the terms of this Agreement. Emoji Games will notify you of any claim received and you hereby grant Emoji Games authority to defend, compromise or settle such claims. You will provide Emoji Games with all reasonable assistance necessary to defend such claims, at your own cost.