Terms of Service for Trymedia Subscription Services

IMPORTANT -- READ CAREFULLY: These Terms of Service for Trymedia Subscription Services ("Agreement") is a legal agreement between you (either an individual or an entity) and TM Acquisition LLC, a wholly owned subsidiary of RealNetworks, Inc., its affiliates, and related suppliers and licensors (collectively "Trymedia") for the Trymedia Subscription Services ("Services"). The Services include product upgrades, support and access to content as described. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized credit card on file with Trymedia, or if you are in the trial period of the Services. If you do not agree to the terms of this Agreement, do not purchase Or USE the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION TRYMEDIA.

1. PAYMENT & SERVICES
Following the expiration of a trial period that may be provided to you at the sole discretion of Trymedia, you agree to pay Trymedia the applicable service charges (e.g., monthly or annual) for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize Trymedia to automatically bill the charge card you provide each month or on each applicable subscription period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable subscription period if not monthly. All payments are completely non-refundable. You may cancel the Services at any time, but Trymedia will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. You may cancel your subscription within 14 days without charge. After 14 days following your first payment, you may still cancel at any time but all payments will be non-refundable for the unused portion of your subscription. You agree to provide Trymedia with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
Trymedia may assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Trymedia may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify Trymedia about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Trymedia's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
During your active subscription period and solely for games offered as part of the Service, you are entitled to receive one credit towards a full version game each month (up to £19.95) and £3 off any additional game purchases. You understand and agree that credits roll over once. Unused credits will expire after two months and will not carry forward to additional months. You agree to be bound by any End User License Agreements provided by the publisher or licensor of any games or content accessed by you.

2. YOUR RIGHT TO CANCEL THE TRYMEDIA SUBSCRIPTION SERVICES
You may cancel the Trymedia Subscription Service at any time. You will not receive any refund or partial refund for any charges already billed to your account (except as expressly provided in Section 1, above). In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the Services at any time by contacting Trymedia Customer Support via the link in the email issued to you when you joined the Service. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Trymedia. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Trymedia's enforcement or application of this Agreement; (2) any policy or practice of Trymedia, including any Trymedia Privacy Policy, or Trymedia's enforcement or application of these policies; (3) the content available through Trymedia or the Internet or any change in content provided through Trymedia; (4) your ability to access and/or use the content; (5) any Trymedia software or content provided by or through Trymedia; or (6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
Trial members who decide to cancel their trial membership within 14 days will not be charged by Trymedia. Any full version games purchased with the trial period continue to be bound by the terms of any game End User License Agreement Games and this Agreement. The Trymedia Subscription Service trial is limited to one trial membership per individual and household in each ninety (90) day calendar period.

3. TRYMEDIA'S RIGHT TO TERMINATE OR MODIFY SERVICES
Trymedia may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event Trymedia modifies the Agreement or the Services, you may terminate the Services. Trymedia may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Trymedia's sole discretion. Trymedia may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Trymedia to effect such termination. Upon any termination of this Agreement (whether by you or Trymedia), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

4. SERVICE USE RESTRICTIONS
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Services; (ii) modify, translate, distribute or create derivative works of the Services; (iii) rent, lease, transfer, or otherwise transfer rights to the Services; and (iv) remove any proprietary notices or labels on the Service. You may only use the Services for your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a content file. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.
In addition to any other remedies available in equity or law to Trymedia and Trymedia's content suppliers, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate your license to the Content and the Services.

5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to Trymedia is governed by Trymedia Privacy Policy at http://www.trymedia.com. Your election to use the Software and Services, indicates your acceptance of the terms of the Trymedia Privacy Policy, so please review it carefully if you have any questions about Trymedia treatment of personal information you provide to us. To summarize key terms of the Trymedia Privacy Policy: Information collected during product purchase, trial sign up and/or product registration may include name, e-mail address, age, gender, location information, product and service information, information on software downloads and updates, systems information, content preferences, purchase information and credit card billing information. The information is stored locally on a user's personal computer and on Trymedia servers and is sent to and from such servers as part of routine product communications that enable Trymedia functionality. Trymedia uses this information to:
a) Verify access rights to premium content, services or software.
b) To provide you with information about products, services, news and events.
c) To allow you to purchase and download products and services.
d) To provide you with advertising, promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us.
e) To provide you with personalized content, instructions and services
f) For license reporting, billing, royalty payments and assessment of service levels within Trymedia and with the owners or licensor of the content provided.
g) To better understand on an aggregated basis how our products are used, traffic patterns and what types of content and services are most popular with users of our products and services.

This information is treated according to the Trymedia Privacy Policy at http://www.trymedia.com. If you have questions about our Privacy Policy, please e-mail us at privacy@trymedia.com

Or by Mail:
Trymedia
C/O General Counsel
2601 Elliott Avenue
Seattle WA 98121

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Trymedia immediately of any unauthorized account use. Trymedia is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6. E-MAIL NOTIFICATION
To let you know what new content and Services are available from time to time, Trymedia may send you e-mail describing the latest content and how to get access to such content. You agree that as a Service subscriber, Trymedia may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from Trymedia. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement.