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1. Acceptance of Terms of Use and Amendments

Carbon Games Inc. (“Carbon Games,” “we,” or “us”) owns and operates the carbongames.com website (the “Site”) and the AirMech™ computer game (the “Game”). Each time you access, view, or use the Site or the Game, you agree to be bound by these Terms of Use, which may be amended from time to time. We will make commercially reasonable efforts to provide each user of the Site and the Game with notice of any amendment to these Terms of Use, and we also will provide notice on the Site of any amendment to these Terms of Use. Any amendment only will apply to your use of the Site and the Game on and after the date of such amendment. In addition, if you use or purchase any products or services through the Site or the Game, you also will be subject to any terms and conditions applicable to those products and services.

We reserve the right, at any time, to modify the Site or the Game, with or without notice; charge fees in connection with the use of the Site or the Game; modify or waive any fees charged in connection with the Site or the Game; and offer opportunities to some or all users of the Site or the Game. You agree that we will not be liable to you for any modification of the Site or the Game, in whole or in part, or of any product or service, content, feature, or product offered through the Site or the Game. Your continued use of the Site or the Game after such changes will indicate your acceptance of the changes.

The Site is available only to people who are of legal age to form a binding contract. The Site may not be used by individuals under 16 year of age. If you are 16 or older but younger than age 18, you may use the Site only with express authorization from your parent or legal guardian, who also must read and agree to these Terms of Use. If you permit your child to use the Site, you agree to these Terms of Use on behalf of yourself and your child, and you understand and agree that you will be responsible for all uses of your account by your child whether or not such uses were authorized by you, including the purchase of items for which we charge a fee.

The Site is operated and maintained by Carbon Games from the United States of America, and Carbon Games does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction. You choose to access, view, or use the Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

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2. Our Service Generally

We endeavor to provide users of the Site with access to certain specialized content and information relating to our computer games and our products and services. We do not review, screen, edit, or monitor all of the information or content submitted to the Site or make judgments about such information or content. While we attempt to provide useful information and content on the Site, you acknowledge that the information and content we use is reliant upon third-party data and contributions (such as comments made by blog readers and forum users), that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies, and that information on the Site may be outdated or contain errors, omissions, or misinterpretations of information.

The Site and any information, product, or service made available through the Site are provided on an “AS IS, AS AVAILABLE” basis. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SITE BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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3. Your Registration Obligations

In order to use the Site or certain parts or enhancements to the Site, you may be required to have a user account, either with us or a third party. In this case, you agree to provide accurate information when establishing and updating your user account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your user account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name, or password. In addition, you agree that you will never use another user’s account.

We will not be liable for any loss or damage caused by the unauthorized use of your account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms of Use.

We reserve the right, in our sole discretion, to terminate or suspend your account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site or to any product or service available through the Site for any reason or no reason, with or without notice. In the event of termination, your account will be disabled, and you will not have access to your account. You should be aware that, in event that your account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

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4. Your Conduct

By using the Site or any product or service available through the Site, you agree that:

• You will not provide any content or conduct yourself in any way that may be construed, in the sole discretion of Carbon Games, as unlawful, harmful, offensive, threatening, obscene, objectionable, or otherwise intended to interfere with the use or enjoyment of the Site by others, and you will not provide any content or other information through the Site that is false, inaccurate, misleading, or incomplete.

• You will not post any personally identifiable information about any user of the Game, impersonate or misrepresent your association with any person or entity, or forge or otherwise conceal or misrepresent the origin of any content that you provide.

• You will not attempt to aggregate or otherwise collect or harvest any information about any user of the Site, and you will not transmit any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot, or other computer programming routines that are intended to damage, interfere with, intercept, mine, scrape, or expropriate any system, data, or personal information relating to the Site.

• You will not attempt to disable or circumvent any features of the Site that are designed to limit your access to certain information about users of the Site, and you otherwise will not access or attempt to access areas of the Site or Site servers that have not been made available to the public.

• You will not provide, and you will not use the Site to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce, and you will not use the Site to promote or operate any service or commercial enterprise.

• You will not provide any content that may give rise to Carbon Games being held civilly or criminally liable or that may be considered a violation of any law, including without limitation laws relating to copyrights, trademarks, patents, trade secrets, or other proprietary rights.

If you violate any provision of these Terms of Use, we may terminate your use of the Site.

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5. License to Use Your Content and Feedback

Although you will retain any ownership rights that you may have to your content, by submitting or providing any content to the Site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, display, reproduce, publish, distribute, archive, modify, integrate, and/or translate such content in connection with the Site and the Game, in whole or in part, in any media now known or developed in the future. Without this license, we would not be able to make your content (such as comments to blogs, participation in forums, and leaderboards) available through the Site and the Game. Our use of your content will be consistent with our Privacy Policy.

In addition, if you provide any request, suggestion, or feedback to us regarding the functionality and performance of the Site, the Game, or any other product or service made available through the Site (including identifying potential errors and improvements), you hereby assign to Carbon Games all right, title, and interest in and to such request, suggestion, or feedback, and Carbon Games will have the right to use, implement, and modify such request, suggestion, or feedback without any payment or restriction. To the extent any of the foregoing rights cannot be assigned to us, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your request, suggestion, and feedback, in whole or in part, in any media now known or developed in the future. This assignment and license will allow us to use your feedback to improve the Site and the Game and maintain our ownership and control of the Site and the Game. IF YOU DO NOT WANT TO ASSIGN OR LICENSE YOUR REQUESTS, SUGGESTIONS, AND FEEDBACK TO US AS DESCRIBED IN THIS PARAGRAPH, DO NOT PROVIDE US WITH ANY REQUEST, SUGGESTION, OR FEEDBACK.

You represent and warrant that you have all legal, moral and other rights that may be necessary to grant us the license described in the preceding paragraph. You agree that you will not make any claims against us based on any allegations that any activities or alleged omissions within the Site, whether or not by or condoned by us, infringe any intellectual property rights associated with your content. You acknowledge and agree that we have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Site at any time and for any reason, with or without notice.

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6. Payment for the Game

The Game generally is free to play. However, we reserve the right to charge fees to use the Game. We offer add-ons, enhancements, premium services, and other merchandise in connection with the Game, and we charge fees for these items. Your purchase of merchandise may be subject to other terms of sale, which will be described to you before you make your purchase.

If you register for a product or service that requires the payment of fees by you, the fees will be paid by you by credit card through a third-party service provider (such as Google, Amazon, or PayPal) upon your registration for such product or service. When you provide credit card information to a third-party service provider, you represent that you are the authorized user of the credit card and that you authorize the charges to your credit card for any purchased items. ALL FEES FOR OUR PRODUCTS AND SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

If you do not pay for a product or service as required, we will suspend your access to the product or service. If your credit card expires or otherwise declines payment, you will not have access to the product or service. To process your payments, you must provide the third-party service provider with certain personally identifiable information. In addition to these Terms of Use and our End-User License Agreement, the payment process will be subject to the terms of use and privacy policy of the applicable third-party service provider. IF YOU DISPUTE ANY CHARGES, YOU MUST RESOLVE THE DISPUTE WITH THE THIRD-PARTY SERVICE PROVIDER - WE WILL NOT REFUND ANY FEES UNDER ANY CIRCUMSTANCES.

You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone else that uses your account, including your family or friends. If your account or a particular subscription is terminated or canceled, no refund will be granted.

We may change our billing methods at any time, and we will provide notice of any such change at least thirty (30) days advance. All changes will be posted as amendments to these Terms of Use, and you are responsible for reviewing amendments to these Terms of Use to obtain timely notice of such changes. Your continued use of your account after an amendment has been posted means that you accept such changes contained in the amendment. If any change is unacceptable to you, you should cancel your account and stop playing the Game, but we will not refund or pro rate any fees that may have accrued to your account before you cancel it.

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7. Links to Other Sites and Third-party Services

The Site contains links to third-party sites. These links are provided as a convenience to you and not as an endorsement by us of the contents of the third-party sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, YOU DO SO AT YOUR OWN RISK.

In addition, the products and services of third parties may be made available through the Site or the Game. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

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8. Intellectual Property Rights

You acknowledge that we either own or have a license to use the Site and all related intellectual property rights. CARBON GAMES, AIRMECH, and other trademarks and service marks and the graphics, logos, designs, page headers, button icons, scripts, trade names, service names, and domain names that appear on the Site or in the Game are trademarks, service marks, or trade dress of Carbon Games or are by licensed by Carbon Games. In order to protect our brand, our trademarks, service marks, and trade dress may not be used or linked to without our explicit written permission.

By making the Site available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any use of the Site or any product or service available through the Site, except as provided in these Terms of Use.

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9. Notice to Copyright Holders

We are committed to upholding the rights of copyright holders. If you are a copyright holder, or an agent of a copyright holder, and you believe that any posting, submission or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act by providing the following information to our copyright agent:

• A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.

• Specific identification of the material claimed to have been infringed.

• Specific identification of the material that is claimed to be infringing.

• A statement that you believe the use of material, in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.

• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.

• Contact information, such as a street address, telephone number and an email address, so that we can contact you.

Such information must be sent to our copyright agent by email at legal@carbongames.com.

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10. Privacy

As a condition to using the Site, you agree to the terms of our Privacy Policy, which is incorporated into these Terms of Use by this reference. The Privacy Policy may be updated from time to time. You agree that we may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any legal process or governmental request, or as otherwise provided in the Privacy Policy or these Terms of Use. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

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11. Indemnification

You agree to indemnify and hold harmless Carbon Games and its affiliates and their respective owners, officers, directors, employees, agents, contractors, advertisers, and partners from any claim or demand, including without limitation reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to your use of the Site or any product or service available through the Site, your submission or provision of content to the Site, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

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12. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARBON GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) CARBON GAMES DOES NOT WARRANT THAT (i) THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA, OR OTHER INFORMATION PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERROR IN THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE WILL BE CORRECTED.

(c) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE.

(d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CARBON GAMES OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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13. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CARBON GAMES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CARBON GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE.

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14. Filtering

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise and OnGuard Online. We do not endorse any of the products or services listed at these websites.

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15. Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to legal@carbongames.com. You also may contact us by writing to Carbon Games Inc., PO BOX 272, Bellevue, WA 98009. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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16. Choice of Law; Jurisdiction; Forum

These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree that any claim, legal proceeding or litigation arising in connection with your use of the Site or any product or service obtained through the Site will be brought solely in King County, Washington, and you consent to the jurisdiction of the federal and state courts in King County, Washington.

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17. Miscellaneous Provisions

You may not assign your rights or delegate your obligations under these Terms of Use without our prior written consent. Unless expressly provided in these Terms of Use, these Terms of Use are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. The waiver by us of a breach of any provision of these Terms of Use will not be taken or held to be a waiver of the provision itself. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect. You agree that we may provide you with notices, including notices regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. Any communication or notice that you provide to us will be provided by email at legal@carbongames.com.

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18. Entire Agreement

These Terms of Use (together with the terms of our Privacy Policy, which are understood to be incorporated into these Terms of Use) constitute the entire agreement between you and Carbon Games and govern your use of the Site, superseding any prior agreements between you and Carbon Games. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other products or services (such as the Game), third-party content, or third-party software. In the event of any inconsistency between these Terms of Use and the terms and conditions relating to any specific product or service available through the Site, the terms and conditions relating to the specific product or service will control.