Terms of Use & Privacy Policy

Last updated March 15, 2010

This is the Aspyr (including Aspyr Media, Inc. and Aspyr Media Europe Ltd., collectively referred to as "Aspyr", "us", "we") website (the "Website"). The "Website" collectively refers to all websites owned and operated by Aspyr, listed here. Through our Website we may provide product information, customer support and product registration services, opportunities to purchase our products, promotional offers or contests, links to relevant third parties' websites, means to communicate directly with us, and other features and services that we may elect in our discretion to include in the Website (the "Services"). These terms and conditions and notices ("Terms of Use" or "Agreement") set forth the binding and enforceable agreement between Aspyr and you ("you", "visitor", or "user") for your use of this Website.

BY USING OUR WEBSITE AND THE SERVICES YOU ARE INDICATING YOUR AGREEMENT WITH THESE TERMS OF USE. WE MAY MODIFY THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE DISCRETION BY PUBLISHING THE NEW TERMS HERE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOUR CONTINUED USE OF THIS WEBSITE AFTER THE MODIFICATIONS HAVE BEEN PUBLISHED HERE INDICATES YOUR ACCEPTANCE OF THE NEW TERMS OF USE.

YOU AGREE YOU HAVE READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND EXIT IMMEDIATELY.

STATE AND FEDERAL CIVIL AND CRIMINAL LAWS ALSO APPLY TO YOUR CONDUCT AND ACTIVITIES IN RELATION TO THIS WEBSITE. ASPYR RESERVES THE RIGHT TO REPORT ANY ACTIVITY THAT ASPYR REASONABLY BELIEVES IS IN VIOLATION OF APPLICABLE LAW TO THE RELEVANT AUTHORITIES AND TO COOPERATE IN ANY RESULTING GOVERNMENTAL ACTIONS OR INVESTIGATIONS.

You may be presented with additional terms, codes of conduct or guidelines that govern use of specific features or Services included in the Website ("Additional Terms") in such a way that your agreement to those Additional Terms may be required before you will be permitted to access or use those features or Services. To the extent that any of the provisions contained in these Terms of Use conflict with the Additional Terms, these Terms of Use shall control; provided that to the extent of any conflict between these Terms of Use and an end user license agreement applicable to any download or subscription to software, including patches, expansion packs, games, tools and utilities ("EULA"), the terms and conditions of the EULA shall control.

ELIGIBILITY

By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. For users 14 years old to 17 years old, you are also affirming that you are either an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to enter this Agreement and comply with the terms of this Agreement.

OWNERSHIP

This Website is owned and operated by Aspyr Media, Inc. and our affiliates and licensors. All of the content advertised, featured, displayed or offered for sale on this Website, including but not limited to text, graphics, images, moving images, sounds, audio and audiovisual recordings, illustrations, and software (the "Content"), is owned by Aspyr and/or its content suppliers and licensors. All elements of this Website, including the general design and Content, are protected by United States and other countries' laws relating to intellectual property rights, including trade dress, trademark, copyright, moral right, and other intellectual property rights laws. Except as authorized under applicable copyright laws, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is available on the Website. The Website, its Content and all related rights shall remain the exclusive property of Aspyr or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.

TRADEMARKS

All trademarks, service marks and trade names of used herein (including but not limited to the Aspyr name and the Aspyr corporate logo) (collectively "Marks") are trademarks or registered trademarks of Aspyr or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Aspyr's or the applicable Mark owner's prior written consent. Aspyr prohibits the use of the Aspyr name or logo as a "hot" link on or to any other web site unless Aspyr has approved establishment of such a link in advance. You may not use meta tags or any other "hidden text" using Aspyr's Marks without our express written consent.

LICENSE AND WEBSITE ACCESS

Aspyr grants you a limited license to access and make personal use of this Website. Except as may be otherwise stated within the Website, you are authorized to view, play, print and download Content that we expressly offer for download for your personal, informational, and noncommercial purposes only. Unless and only to the extent we have provided specific authorization in writing, you may not copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. This license does not include any resale or commercial use of this Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not advertise any goods or services on the Website. You may not use any of the Website to collect or store information about other users, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Website, or any games or services offered on the Website for any commercial purposes.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or bypass any measures we may use to prevent or restrict access to the Website.

Any unauthorized use of this Website by you automatically terminates this license. Any rights not expressly granted herein are reserved.

SOFTWARE AVAILABLE THROUGH THE WEBSITE

Aspyr makes available to its customers and end users product patches, additional content for games, and other software utilities and applications that are proprietary to Aspyr and its licensors. All software ("Software") that is made available to download directly through the Website is owned by and is the copyrighted work of Aspyr and its licensors and is protected by US and international copyright laws. Your use of the Software is governed by the terms of the EULA, if any, which accompanies the Software. You may not download, install or use any Software that is accompanied by a EULA unless you first agree to the EULA terms.

For any Software not accompanied by a EULA, Aspyr hereby grants to you a revocable, personal, non-transferable license to download and use the Software for your own internal, non-commercial purposes only. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. Any violation of these terms by you automatically terminates this license to the Software.

LINKING TO THIS WEBSITE

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

USER REGISTRATION, PASSWORD, AND SECURITY

To access certain areas or features of this Website, you may be asked to provide us with certain information about yourself. We use this information to improve this Website and to create content that is more beneficial to our users. We maintain the privacy of your information as set forth in our Privacy Statement, located at http://www.aspyr.com/privacy. To be permitted to access those features or Services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. You also agree that you are entirely responsible for all activities that occur under your account, and that you will notify Aspyr immediately of any unauthorized use of your account or any other breach of security. Aspyr will not be liable for any loss that you may incur as a result of someone else using your password or account, even if they do so without your knowledge. Aspyr reserves the right to delete accounts that are inactive for an extended period of time.

RULES OF CONDUCT FOR USER COMMUNICATIONS

You are solely responsible for all Content posted by you or under your account to forums, chat rooms or bulletin boards or transmitted by you or under your account using the Services ("Communications"). You are also solely responsible for, and assume any and all risks associated with, reviewing and/or using any Communications. We do not endorse, edit, verify, or control any Communications nor guarantee the accuracy, integrity or quality of anything within them. Users may be held legally liable for any Communications that include material that infringes any patent, copyright, trademark, trade secret, or other proprietary right of any person or entity.

You understand that by using the Website, you may be exposed to Communications that you may find offensive, indecent or objectionable. If you believe such Communications violate these rules of conduct, you may report them to us at privacymaster@aspyr.com. If Aspyr receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Aspyr may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication, however, we expressly disclaim any representation that we will monitor or supervise Communications. Under no circumstances will Aspyr be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication Services. However, we reserve the right to take the following actions, in our sole discretion: to monitor the Services and Communications; to modify or remove any Communications or cease offering any Service at any time and for any reason without prior notice; to terminate or suspend any user account or access to this Website or any Service; and to release information, including personal information if required, to the appropriate authorities in connection with any subpoena or criminal investigation.

You agree not to submit any Communication that contains or provides links to:

1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
3. Any false "header" (the legend attached to email messages to show the message's point of origin, route, and destination), falsely configured email or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, emailed or otherwise transmitted through the Website. Headers of email messages may not be removed or altered to conceal email addresses;
4. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes "warez" (copyrighted software that is distributed illegally), "MP3" files of copyrighted music, copyrighted photographs, text, video, or artwork;
6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited email using an Aspyr address or containing any references to Aspyr ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
8. Any material that constitutes "stalking" or any other form of harassment of any member or user of the Website or any other person;
9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, "hacking," "cracking," or "phreaking");
11. Any raffle, contest, or game requiring payment of a fee or other consideration by participants;
12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
13. Any Content that advertises or promotes any product or service;
14. Content that solicits funds, advertisers or sponsors;
15. Any Content that disrupts the normal functioning of the Service; or
16. Any Content or activity that Aspyr, in its sole discretion, deems inappropriate for its Website.

YOUR LICENSE TO US

Unless specifically stated otherwise in the rules or guidelines applicable to the specific Service, user-submitted Communications remain the intellectual property of the individual user. By submitting or posting Communications to the Website, you automatically grant Aspyr an unrestricted, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications and your name, voice, and/or likeness as included in your Communication, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe, all without notice to you, and with or without attribution. You agree that any Communications you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

UNSOLICITED SUBMISSIONS

Aspyr does not knowingly accept or consider unsolicited submissions including but not limited to any creative or technical concepts, ideas, plots, scripts, drawings, games, suggestions, know-how or techniques (collectively, Submissions). At any given time Aspyr staff is working on various projects and initiatives for new products and services that might seem to others to be similar to their own creative or technical work. Our policy is to destroy or delete any unsolicited Submission without reading it, or when feasible, arrange for designated staff who do not have creative responsibilities or our attorneys to return it to you without reviewing or considering the contents except to the minimal extent necessary to ascertain that it is an unsolicited Submission. In accordance with our policy, no unsolicited Submission will be forwarded to or reviewed by any other Aspyr staff. Therefore, any similarity between an unsolicited Submission and any elements in any Aspyr creative or technical work would be purely coincidental. In addition, any unsolicited submission you may send will be treated as non-confidential, and Aspyr will not be liable for any disclosure of such submission.

If, notwithstanding the above, you violate these Terms of Use and transmit unsolicited Submissions to us through the Website or through any other means, such Submissions become the property of Aspyr and may be adapted, broadcast, modified, copied, disclosed, licensed, performed, distributed, posted, published, sold, transmitted, or otherwise used as Aspyr, in its sole discretion, sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited Submission you waive the right to make any claim against Aspyr or any of our parents, affiliates, employees, agents, directors, officers and shareholders, relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the Submission.

If you would like to discuss a creative or technical idea, suggestion or concept with Aspyr or propose a potential business relationship, please contact us through our regular points of contact to the public with a non-confidential communication indicating your interest and withhold your Submission until we have entered into a written agreement with you setting forth each of our rights and obligations with respect to any resulting disclosures or discussions.

STORED VALUE

Aspyr allows you to store value in your Aspyr account via an approved virtual currency ("Keys") which you may redeem for designated eligible objects, items and activities on this Website (collectively, “Site Content”). You may purchase Keys and use Keys in accordance with the guidelines shown in this Terms of Use agreement under LICENSE AND WEBSITE ACCESS. To the fullest extent allowed by law, Aspyr retains full ownership rights in Keys and grants you a limited, non-exclusive, non-transferable license to use Keys only as expressly indicated in the Keys guidelines. Your purchase of Keys is final and non-refundable. If we terminate your Aspyr account because you have violated our Terms of Use, or EULA, or other terms then all Keys in your Aspyr account will be forfeited without further notice to you and without compensation to you or liability to Aspyr. Aspyr may terminate the use of Keys at any time for any reason by providing notice on the Website or directly to you via email. In such event, Aspyr will allow you at least ten days to redeem your Keys for designated eligible Site Content. Keys are non-transferable and non-exchangeable. Any transfer or exchange of Keys shall be null and void.

Your purchase and use of the TREASURE WORLD™ game for the Nintendo DS allows you to redeem KEYS for Site Content. Use of the TREASURE WORLD game is covered by the end user licensing agreement that accompanied the game. The stored value and redemption of Keys generated by the TREASURE WORLD game are for use on this Website for Site Content and are governed by this Terms of Use.

Aspyr's Right to Terminate or Modify Keys: Aspyr may modify the terms of the Keys program, Website or Site Content, including without limitation the price, content, or nature of Keys, upon notice to you, via email or via the Site. Aspyr may terminate the Keys program at any time upon notice to you, at Aspyr's sole discretion.

IT IS IMPORTANT THAT ALL GOLDMEMBERSUBSCRIBER PARTICIPANTS READ THE FOLLOWING CAREFULLY:

GOLDMEMBERSUBSCRIBER

Aspyr may offer a discount program where the participating members pay for Keys on a recurring basis (the "Membership Period") and receive discounts on selected Site Content (the program is currently referred to as "GOLDMEMBERSUBSCRIBER"). If you choose to participate in GOLDMEMBERSUBSCRIBER, then you agree to be bound by the entirety of these Terms of Use.

A. Payment: You agree to pay Aspyr the applicable charges for your use of the GOLDMEMBERSUBSCRIBER. Payments are billed in advance of each Membership Period, which is monthly, quarterly or annually (the billing date, which usually occurs at a regular intervals from the date that you sign up for GOLDMEMBERSUBSCRIBER, is referred to as the "Membership Period Renewal Date"). Payments are not refundable.

B. Recurring Charges: You authorize Aspyr to automatically bill you on each Membership Period Renewal Date, until you cancel the GOLDMEMBERSUBSCRIBER membership as permitted below.

C. Minimum Commitment: Aspyr may require a minimum participation period when you sign up for GOLDMEMBERSUBSCRIBER ("Minimum Commitment"). By participating in GOLDMEMBERSUBSCRIBER, you agree to such Minimum Commitment of one month, and agree that you will be billed and will pay any outstanding commitment remaining on your membership if you cancel your participation in GOLDMEMBERSUBSCRIBER, or if we terminate your GOLDMEMBERSUBSCRIBER participation because you violate the Terms of Use or EULA or other terms.

D. Cancellation Policy: Subject to the following, you may cancel your participation in GOLDMEMBERSUBSCRIBER at any time, but Aspyr will not refund any portion of your GOLDMEMBERSUBSCRIBER fees.

1. Prior to fulfilling you Minimum Commitment: You are responsible for any financial obligations remaining on your account, and you will be charged for the remaining portions of your Minimum Commitment upon cancellation.
2. After fulfillment of your Minimum Commitment: After fulfilling your Minimum Commitment you may cancel your participation in GOLDMEMBERSUBSCRIBER, and terminate recurring billing, at any time prior to the start of your next Membership Renewal Period by alerting us at support@aspyr.com
3. Upon the termination of your GOLDMEMBERSUBSCRIBER participation, you may keep any Keys that you have already paid for (provided you are in compliance with the Terms of Use). However, you will no longer receive the discounts offered in the GOLDMEMBERSUBSCRIBER program after the end of the Membership Period for which you have already paid.
4. You are responsible and liable for any fees, including attorney and collection fees, which Aspyr may incur in its efforts to collect any remaining balances owed by you. You agree to notify Aspyr about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Aspyr's attention within 120 days, you agree that you waive your right to dispute such problems or discrepancies.
5. You understand and agree that cancellation of your GOLDMEMBERSUBSCRIBER participation is your right and remedy with respect to any dispute with Aspyr with respect to your GOLDMEMBERSUBSCRIBER participation. This includes, but is not limited to, any dispute related to, or arising out of: (i) any terms of this Terms of Use, or Aspyr's enforcement or application of this Terms of Use, and (ii) your ability to access or use GOLDMEMBERSUBSCRIBER. All disclaimers and limitations contained in the remainder of these Terms of Use also apply to your use of GOLDMEMBERSUBSCRIBER.

Aspyr's Right to Terminate or Modify GOLDMEMBERSUBSCRIBER: Aspyr may modify the terms of the GOLDMEMBERSUBSCRIBER program, including without limitation the price, content, or nature of GOLDMEMBERSUBSCRIBER, upon notice to you, via email or via the Site. Aspyr may terminate the GOLDMEMBERSUBSCRIBER program at any time upon notice to you, provided that you will be entitled to participate in GOLDMEMBERSUBSCRIBER for the remainder of any period for which you have already paid, or a pro-rata refund at Aspyr's sole discretion. Aspyr may terminate your participation in GOLDMEMBERSUBSCRIBER immediately without notice or refund in the event you violate the Terms of Use or additional GOLDMEMBERSUBSCRIBER terms. Your obligation to pay accrued charges and fees shall survive any termination.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aspyr, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred in connection with your use or alleged use of the Website, including your conduct, and any Communications and/or content that you contribute to the Website, and any breach of these Terms of Use or any EULA. Aspyr reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Aspyr's defense of such claim.

LINKS TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

Parties other than Aspyr may operate stores, provide services, or sell products on or accessed through this Website. The Website may also contain links to third party websites ("Linked Sites") that are not owned, operated and/or controlled by Aspyr. We do not assume any responsibility or liability for the actions of these other businesses, nor is Aspyr responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Aspyr provides these links and stores to you only as a convenience, and their inclusion does not imply endorsement by Aspyr of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites or at the online stores operated by third parties and accessed through this Website. If you decide to access any Linked Sites, you do so entirely at your own risk. Any terms and conditions, privacy policies, or other legal disclosures presented to you by such third parties during your visit to this Website ("Third Party Terms") are in addition to these Terms of Use and are incorporated herein by reference. To the extent that such Third Party Terms conflict with these Terms of Use, the Third Party Terms shall supersede and control.

Any dealings with third parties (including advertisers) included within the Linked Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Aspyr shall not be responsible or liable for any part of any such dealings or promotions.

ASPYR WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROOM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES.

DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ASPYR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. ASPYR MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND ASPYR DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

IN NO EVENT SHALL ASPYR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASPYR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Aspyr reserves the right to withdraw, suspend or discontinue at any time and from time to time any Content or Services available on the Website and any functionality or features in or on the Website, including the cessation of all activities associated with the Website, with or without notice.

PRODUCTS

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time or in any territory. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website or any of our affiliated websites. By placing an order, you represent that the products ordered will be used only in a lawful manner. All products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

TERRITORIAL CONSIDERATIONS

This Website is controlled and operated by Aspyr from its offices within the State of Texas, USA. Aspyr makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website 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. This Website may contain references to particular Aspyr products that may not be available in particular countries, territories or locations. Any such reference does not imply that Aspyr, in any particular country, intends to market such products.

GENERAL TERMS AND CONDITIONS

This Agreement is governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Website. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aspyr as a result of this Agreement or use of the Website. Aspyr's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Aspyr's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Aspyr with respect to such use. Any delay or failure on the part of Aspyr to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Aspyr with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aspyr with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2) (the "Digital Millennium Copyright Act"), if you believe any Content, either posted by Aspyr, our users, or any other party, is infringing, please contact us at the address below.

Aspyr Media, Inc.
1221 South Mopac Expressway
Suite 50
Austin, Texas 78746

Infringement notices need to include the following information to assist Aspyr in locating the Content in question and properly investigating the notice:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Content;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the Content that you claim is infringing is located on the Website;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the Content is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

ASPYR's Online Privacy Policy

1. Introduction
2. What does this Privacy Policy apply to?
3. What types of information does ASPYR collect?
4. How does ASPYR use the information it collects?
5. What happens if I refuse to provide my personal information to ASPYR?
6. Does ASPYR use cookies, track IP addresses, or use other passive means to collect information?
7. Who is collecting my personal information and is it shared with anyone?
8. Can I choose how my personal information is used?
9. How can I access my personal information?
10. What is ASPYR's policy regarding children under 13?
11. What safeguards does ASPYR use to protect my personal information?
12. How do I ask a question or file a complaint? (Contact Information)
13. Kids' Privacy Policy

1. Introduction

Aspyr Media, Inc. and its subsidiaries and affiliates (collectively "ASPYR" or "we") respect the privacy rights of our online visitors and are committed to protecting the personal information collected about you. To further this commitment, we have adopted this Online Privacy Policy ("Privacy Policy") to guide how we collect, store, and use the information you provide us online.

This Privacy Statement and the certification seal located on this page confirm that ASPYR is a valid licensee and participating member in the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites have been reviewed and certified by ESRB Privacy Online to meet established online information collection and use practices. As part of this privacy program, we are subject to frequent audits of our sites and other enforcement and accountability mechanisms administered independently by ESRB Privacy Online.

Because the website you are currently visiting displays the ESRB Privacy Online certification seal, you can expect to be notified of the following.

The scope of this Privacy Policy

• Exactly what information ASPYR may collect from you through its website(s)
• How ASPYR will use the information it collects
• What are the consequences if you refuse to divulge your personal information
• Whether ASPYR uses cookies or other passive collection tools on its website(s)
• Who collects the information that you disclose on a ASPYR website
• With whom, if anyone, does ASPYR share your personal information

What choices you can make regarding how your personal information is used

• How you can change or delete the information ASPYR has collected about you
• What is ASPYR's policy regarding collecting information from children under 13
• How ASPYR ensures the security, quality, and integrity of your information
• How you can ask a question or file a complaint regarding this Privacy Policy

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2. What does this Privacy Policy apply to?

The website you are currently visiting is operated by ASPYR located at Aspyr Media, Inc. P.O. Box 5861 Austin, TX 78763. This Privacy Policy currently applies to the website www.ClubTreasureWorld.com operated by ASPYR (referred to as "ASPYR Website" or "our Website"). In the future, if we wish to include additional websites under this Privacy Policy, we will take reasonable steps to include them in this document and ensure that they provide a link to this Privacy Policy.

Please note that this Privacy Policy applies only to information submitted and collected online through the ASPYR Website (as listed above), and does not apply to information that may be collected by ASPYR offline. In addition, this Privacy Policy does not extend to websites maintained by our international affiliates or other companies or organizations to which we link. Because we cannot guarantee that the privacy policies of such sites meet the requirements of the ESRB Privacy Online Program, we encourage you to read the privacy policy of the website to which you link before you submit any personal information to that site.

Please note that by using our Website, you signify your assent to ASPYR's Online Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website. We reserve the right to make changes to this Privacy Policy. If we make a material change to this Privacy Policy, we will notify you by posting the change on our Websites or in this Privacy Policy and, if necessary, give you additional choices regarding such change. Please check back from time to time to ensure that you are aware of these changes. Your continued use of our Website will signify your acceptance of these changes.

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3. What types of information does ASPYR collect?

In order to give you the best experience on our Websites, ASPYR may collect information about you, but only if you voluntarily provide it to us. Typically, we may ask you to submit personal and/or demographic information in connection with any one of the following features or services.

• Website and game-specific registration
• Newsletter subscription
• General support
• Product support
• Online store
• Contests, sweepstakes, and other promotions
• Polls, surveys, or questionnaires
• Message boards
• Other features such as e-cards, wish lists, and tell-a-friend

The types and amount of personal information collected for these activities will vary depending on the activity. The requested personal information may include: your name, home address, telephone number, e-mail address and (for those purchasing products online) credit card information including billing and shipping addresses. For some activities, we may ask you to create a username and password and to provide other non-personal information such as your age or date of birth, gender, game and platform preferences (including information about the games and hardware you own), hobbies and interests, and other information (also known as "demographic information"). If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information. Combining data allows us to customize the notices we send you and the services we provide you according to your interests and preferences. For more on how we use your information, please read the section on use below.

Some features of our website enable users to create publicly viewable profiles, post on friends’ walls, chat, and participate in forums. As such, when using such features, users are able to provide as little or as much personal information as they choose. Any personal information posted on profiles or in forums, such as full name, address, phone number, email address, etc., may be read by others. Users of Aspyr sites are encouraged to use common sense when posting, uploading, sending or making content available on our sites. In order to comply with COPPA, these features are limited for users who indicate that they are under 13. Please see our Kids’ Privacy Policy [hyperlink] below for more information about out information collection practices for kids under 13.

No matter what method we use to collect information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives.

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4. How does ASPYR use the information it collects?

Generally, information that we collect for a particular purpose is used for that purpose only. For example, if you request product support, the email address that you provide will only be used for purposes of diagnosing your specific technical problem and providing an acceptable solution. Information collected from those who register on our Websites is used to provide registrants the benefits associated with such registration (e.g., subscription to newsletter or access to the latest game news and exclusive store promotions). And, of course, any credit card information is solely used to fulfill and process purchase orders. In some instances, however, you may also be given the option to have your information used for an activity or service different from the activity or service that you are requesting (e.g., to have your name entered into a contest when subscribing to our newsletter or vice versa). If you choose to receive these additional services, ASPYR will use your information to provide them to you.

We may use your email address to send you service-related announcements that tell you about updates to our Privacy Policy, new areas or features on our Websites, changes to our online service or technical support policies, and other related changes.

We may also use your personal and demographic information for our internal marketing and demographic studies, so we can constantly improve the online products and services we provide you and to better meet your needs.

Please be advised that in some areas of our Websites, you may be able to submit information about yourself in a business capacity. Although we can assure you that any personal information gathered in this context will be used solely for its intended purpose, such information is not subject to this Privacy Policy. These areas typically include an employment section where you can submit your resume online and/or an investor relations section where you can fill out an online form to request financial information about ASPYR.

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5. What happens if I refuse to provide my personal information to ASPYR?

If you choose not to submit personal information when requested, you may not be able to participate in certain activities on our Websites and may limit the services we can provide you. For example, if you refuse to share your email address, you may not be able to receive general support or product support. To simply browse our Websites, however, you do not need to give us any personal information.

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6. Does ASPYR use cookies, track IP addresses, or use other passive means to collect information?

Cookies

We may use cookies to improve the use and functionality of our Websites. A "cookie" is a small file or record-keeping device that websites often store on a user's computer. Storage of cookies on your system provides an easy and convenient method for us to personalize your experience on our Websites. For example, cookies will remember what you've placed in your shopping cart, tell us that you have visited one of our Websites before, and may contain other information that will make your next visit to our Websites more enjoyable. We may combine information contained in cookies with your personal information. You can always disable cookies or set your browser to alert you when cookies are being sent to your computer, although this may affect your ability to shop online, both at ASPYR and elsewhere.

Web Beacons

We may use web beacons (or clear GIFs) on our Websites or include them in the e-mail messages we send you. Web beacons (also known as "web bugs") are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data. We use web beacons for many purposes, including site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization. Information gathered through web beacons may be linked to your personal information.

IP Addresses

ASPYR may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

Log Files

ASPYR may collect information in the form of logs - files that record website activity and gather statistics about web users' browsing habits. These entries are generated anonymously, and help ASPYR determine (among other things) how many and how often users have visited our Websites, which pages they've visited, and other similar data (a.k.a., navigational data). We also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you. Log files are used internally only, and are not associated with any particular user, computer, or browser.

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7. Who is collecting my personal information and is it shared with anyone?

The information that you disclose on the Aspyr website is collected by ASPYR or by a vendor on ASPYR's behalf; and, is used in accordance with the practices set forth above. Vendors (or agents) are entities that provide support for the internal operations of our Websites and who only use the information we share with them (or that they collect on our behalf) for purposes of internal fulfillment (e.g., online product fulfillment). Vendors are required to handle such information in accordance with this Privacy Policy.

From time to time, we may run contests, tournaments, or other events or activities ("events") on our Websites. Information collected for these events may include personal information such as your email address and may be collected by or shared with a third party sponsor, co-sponsor, or other reputable third party (e.g., promotional partner, software licensee, or game developer). While we have no control over the third party's use of such information, we use reasonable efforts to always contractually ensure that they agree to protect the confidentiality, security, and integrity of any personal information we share with them (or that they collect through our Websites). If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these events at the time the information is collected.

We may disclose personal information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, ASPYR's customer information may be transferred to our successor or assign.

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8. Can I choose how my personal information is used?

If you do not want to receive our newsletter, service related announcements, or any other communications and/or services from ASPYR, please opt-out from these communications or services at the time of registration or information collection. If you have opted-in and, at a later time, wish to opt-out, please visit the appropriate "Profile" section on our Websites or contact us using the information provided below.

Your California Privacy Rights

Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For inquiries regarding our disclosure policy, please contact us using the information provided below:

Aspyr Media Inc
PO Box 5861
Austin, TX 78763
1 (512) 708-8100
support@clubtreasureworld.com

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9. How can I access my personal information?

If you wish to review, update, or delete any personal information that we may have collected about you, please visit the appropriate "Profile" section on our Websites or contact us using the information provided below.

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10. What is ASPYR's policy regarding children under 13?

We recognize the need to provide additional information and protections for those Aspyr website that are targeted to children under the age of 13. To read our privacy policy specific to children under the age of 13 please see our Kids' Privacy Policy below.

Please note, that from time to time, certain portions of the Aspyr website may allow children under 13 to disclose a limited amount of personal information without first telling us their age or getting their parent's permission. Such portions of our Websites operate activities or provide services in a way that does not require prior parental consent.

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11. What safeguards does ASPYR use to protect my personal information?

ASPYR takes reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Personal information collected by ASPYR is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. In addition, our online store uses industry-standard encryption to prevent unauthorized electronic access to sensitive financial information such as your credit card number. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. For example, before we allow web users to access their personal information, we verify their identity by requesting information such as their username and password.

Although we cannot guarantee that third parties to whom we transfer personal data will adhere to the security standards set forth above, we will take reasonable measures, such as contractual obligations, to assure that they provide sufficient protection over such data.

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12. How do I ask a question or file a complaint? (Contact Information)

If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator at:

Aspyr Media Inc
PO Box 5861
Austin, TX 78763
1 (512) 708-8100
support@clubtreasureworld.com

You can also contact ESRB Privacy Online directly at http://www.esrb.org/privacy/contact.jsp or at:

ESRB Privacy Online
Attn.: Director, Privacy Online
317 Madison Avenue, 22nd Floor
New York, NY 10017
privacy@esrb.org

This Privacy Policy was last updated on July 1, 2010.

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13. Kids' Privacy Policy

1. Introduction
2. Collection, Use, and Disclosure of Information
3. Electronic Postcards
4. Technical Methods
5. Sweepstakes and Contests
6. Parental Consent
7. Links to Other Sites
8. Amendments to this Policy

Introduction

Building on our general Privacy Policy, ASPYR recognizes the need to provide additional privacy protections when children under the age of 13 visit the Aspyr website. Our Kids' Privacy Policy describes how we collect and use personal information collected online from children. It also describes how parents can review the personal information that we have collected.

For your convenience, the Kids' Privacy Policy uses terms that are defined in our general Privacy Policy, shown above. A link to our privacy policies is also posted at the bottom of each ASPYR Website.

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Collection, Use, and Disclosure of Information

We allow children to surf the Aspyr website, look at content, and play some games without giving us any personally identifiable information. We do not collect personal information from children unless they register on the ASPYR Website for access to exclusive content and to receive newsletters regarding upcoming ASPYR videogame releases.

During registration for the Aspyr website, ASPYR requests and collects from children their e-mail address and birth date, a parent's e-mail address, and a member/user name. Birth dates are collected to validate the ages of our users and to determine whether a user is under 13 We collect a parent's e-mail address to let parents know that their child has signed up with the Aspyr website, to obtain their consent and send future notices about their child's account. We also collect the child's e-mail address for the purpose of sending the child e-mail related to their subscription to the Aspyr website and newsletters as mentioned above. We ask that parents set their child's password, so that the parent has access to their child's account and personally identifiable information at all times. This password can easily be retrieved or modified by a parent at any time using instructions provided below.

Please note that any sites directed at children under 13 are prohibited by law from conditioning a child's participation in an online activity on the child's providing more personal information than is reasonably necessary.

In order to comply with COPPA and protect the privacy of children under 13, those users that indicate during registration that they are under 13 will only be able to access certain site features. Children under 13 may participate in chat using pull-down menus with pre-selected phrases. This is to ensure that children under 13 do not disclose any personally identifiable information to the public. Children under 13 will not be able to post to forums or create publicly viewable profiles. These features may become available to children under 13 in the future.

ASPYR does not sell, market, trade, or otherwise distribute personally identifiable information to third parties outside of Aspyr. We will not use any of the information we collect from any registrant of the Aspyr website for any purpose other than to access the website, e-mailings as described above and for the purposes of contacting the parent. Situations in which we may share a child's personal information with third parties would include those in which it is reasonably necessary to: protect the security of integrity of the Aspyr website; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies, or for an investigation related to public safety.

For additional information about how ASPYR safeguards the personal information of its members please see our general Privacy Policy above.

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Electronic Postcards

All electronic postcards accessible on the Aspyr website request that users furnish an e-mail address. This is necessary to send the postcards electronically. The e-mail addresses are deleted from our servers and not distributed to third parties or used for any other purposes than sending the postcards.

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Technical Methods

If a parent allows their child to register with the Aspyr website and for us to collect personal information about their child, we may link certain Technical Methods to that personal information. These Technical Methods allow us to operate the Aspyr website more effectively, make them more interesting and useful to you and are beneficial for various purposes related to our business. We do not however collect any additional personally identifiable information via these Technical Methods. For further information about the particular Technical Methods used on the Aspyr website, please see our general Privacy Policy under the sub-heading: "Does ASPYR use cookies, track IP addresses, or use other passive means to collect information?"

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Sweepstakes and Contests

We send parents an e-mail when their child registers to enter a sweepstakes or contest on the ASPYR Website. If a parent does not confirm their child's registration request within a specific timeframe, we assume it is not acceptable for the child to enter the sweepstakes or contest, and we will delete their child's information from our database of entries. Once a parent permits a child to register, the child will be allowed to complete their entry into the sweepstakes or contest. Only enough information as is required to enroll in the sweepstakes or contest will be collected. After the drawing or contest is concluded, we will not retain any additional personally identifiable information collected beyond the information already provided at the time of registration for the Aspyr website. If a child wins a sweepstakes or contest, we notify the parent at the parent's e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner's first name, first initial of last name, city, and state of residence on the Aspyr website.

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Parental Consent

We require that parents give us express permission for their child to register with the Aspyr website. After a child registers on the site, we send parents an email asking them to click on the link provided to consent to their child’s participation on the site. If parents choose not to click on this link, their child will not be able to access the areas on the site that require registration. Parents can also set up parental controls at any point during or after the registration process. For more information about our parental controls, please see the Parents [hyperlink] section of our site.

Additionally, at any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our database. The parent will need to have their child's member name and password. If the password has been lost or forgotten, there are instructions on the ASPYR Account Maintenance for Parents page explaining how to recover or set a new password for access. There are three methods for a parent to access, change, or delete the personally identifiable information that we have collected from their children:

1. Using the e-mail first sent to them by ASPYR, a parent can click on the link provided to take them to the ASPYR Account Maintenance for Parents page. Once linked to this page a parent will be able to log in to their child's account, review, change or delete any of their child's personal information, as well as update their child's password.
2. A parent can access their child's account information using the following link: www.clubtreasureworld.com/parents, which will direct them to the ASPYR Account Maintenance for Parents page. Once linked to this page, a parent can log in to their child's account, review, change or delete any of their child's personal information, as well as update their child's password.
3. A parent can also visit www.clubtreasureworld.com. By clicking the link at the top of the home page entitled "For Parents" they will be provided with informative text. A link to the ASPYR Account Maintenance for Parents page is provided under the subheading "How can I review, modify or delete my child's ASPYR registration information?" By following the link, a parent will be able to use their child's information to review, change or delete any of their child's personal information as well as update their child's password.

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Links to Other Sites

When children click on links from the Aspyr website to other sites, we may open the other sites in a new browser window. We make every effort to only link the Aspyr website to appropriate outside sites for children, and will advise a user when leaving the Aspyr website. Unlike the Aspyr website, however, these outside sites may collect personal information, which is outside of the control of ASPYR.

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Amendments to this Policy

We may amend our Kids' Privacy Policy at any time. We will provide parents notice by e-mail in the event of any material changes in the way we intend to collect, use, and/or share a child's personal information. Please note that, at all times, parents should keep their personal information updated and provide us with current e-mail addresses. ASPYR will only apply material changes to the Kids' Privacy Policy in conformance with applicable law, including any applicable provisions of the Children's Online Privacy Protection Act that require parental consent.

If you have any questions or concerns regarding this Kids' Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator at:

Aspyr Media Inc
PO Box 5861
Austin, TX 78763
1 (512) 708-8100
support@clubtreasureworld.com

You can also contact ESRB Privacy Online directly at http://www.esrb.org/privacy/contact.jsp or at:

ESRB Privacy Online
Attn.: Director, Privacy Online
317 Madison Avenue, 22nd Floor
New York, NY 10017
privacy@esrb.org

This Kid's Privacy Policy was last updated on July 1, 2010.

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