1. Terms

The term “Phonato Studios” means Phonato Studios, Inc. and/or its Affiliates. The term “Affiliate” means, with respect to any party, any person or entity which controls, is controlled by or is under common control with, such party. The term “Phonato Studios Offering” means the websites, mobile games, app of Phonato Studios, including www.phonato.com, any other sites on which this agreement is posted, and any other Phonato Studios application, service or product licensed, downloaded, or otherwise accessed by you through third-party sites or sources, including the products and services available through any of the foregoing.

By accessing any of the Phonato Studios Offerings, you are agreeing to be bound by these application Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using this site and any of our other sites, including the downloadable mobile games. The materials contained in this site and all the offerings by Phonato Studios which includes downloadable mobile games are protected by applicable copyright and trademark law.

All games we offer are virtual games and do not have gambling in them. The games are intended for an adult audience. Our games are meant for amusement and entertainment purposes only. The games do not offer “real money gambling” or an opportunity to win real money or prizes.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on the Phonato Studios application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
   
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Phonato Studios web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Phonato Studios at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Phonato Studios Offerings which includes downloadable mobile games are only for amusement and entertainment purpose.

3. Cheating

Users are not to knowingly exploit a flaw or bug in the game. If a user discovers a potential flaw in the game, it is their responsibility to contact Phonato Studios and report the issue. Failure to do so may result in a reset of the user’s account or being removed from the application.

4. Multiple Accounts

Phonato Studios prohibits the use of multiple accounts to extend the length of game time or gain an unfair advantage. Anyone found using multiple accounts will be banned and reported to Facebook/Myspace.

5. Discussion Boards / Chat Rooms

Users are requested to keep all language ‘Family Friendly’, and not to discuss topics including profanity, illegal behavior, or topics of a sexual nature. Any racist or defamatory conversations will not be tolerated and anyone participating will be removed from the applications. Use of the chatrooms or forums is a privilege and we reserve the right to censor anything within our discretion. All chat messages, both public and private, are logged and property of Phonato Studios.

6. Purchase Of Virtual Items

The user is responsible for paying all fees and charges (plus applicable taxes) associated with playing the application under the User’s Account, including fees or charges for virtual currency purchased through the application. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit, or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. User agrees that any purchases made by User via credit card are specifically authorized to be charged to the credit card given by User at the time of purchase.

A. The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, credits, or points, that may be purchased from Phonato Studios for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Phonato Studios for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Phonato Studios or any other party.

B. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with the use of the Service or stored within the Service.

C. Phonato Studios has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Phonato Studios shall have no liability to you or anyone for the exercise of such rights.

D. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Phonato Studios Service and possible legal action.

E. You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except at our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Phonato Studios’s sole and absolute discretion, or if Phonato Studios discontinues providing the Service.

7. Security

If you use applications/games by Phonato Studios, you are responsible for restricting access to your computer and your mobile device and also ensuring that your computer or mobile device is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our application, including e-mail address, credit card number, and other payment-related information. The user agrees to accept responsibility for all activities that occur under the User’s Account. The provider cannot and will not be held liable for any loss or damage arising from the User’s failure to comply with this section. Provider reserves the right to monitor all network traffic to this application to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our application in any fashion. Anyone using applications/games by Phonato Studios expressly consents to such monitoring.

8. Limitations

In no event shall Phonato Studios or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Phonato Studios Internet site, even if Phonato Studios authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Revisions and Errata

The materials appearing on the Phonato Studios website could include technical, typographical, or photographic errors. Phonato Studios does not warrant that any of the materials on its website are accurate, complete, or current. Phonato Studios may make changes to the materials contained on its website at any time without notice. Phonato Studios does not, however, make any commitment to update the materials.

10. Links

Phonato Studioshas not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Phonato Studios of the site. Use of any such linked website is at the user’s own risk.

11. Site Terms of Use Modifications

Phonato Studios may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

12. Disclaimers; Limitations; Waivers of Liability

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER Phonato Studios NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Phonato Studios PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE Phonato Studios PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE  Phonato Studios PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Phonato Studios PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

C. UNDER NO CIRCUMSTANCES WILL THE Phonato Studios PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Phonato Studios IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

13. Indemnification

A. You agree to defend, indemnify and hold harmless the Phonato Studios Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

14. Governing Law

Any claim relating to Phonato Studios Offerings including this site or any of our products which includes the downloadable mobile games shall be governed by the laws of the court of competent jurisdiction within the United States without regard to its conflict of law provisions.