LEGAL DOCUMENTS

Promotion Terms & Conditions

RULES

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English

Scopely Promotion Terms & Conditions:NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN A SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING SWEEPSTAKES.
ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

GENERAL TERMS & CONDITIONS. The following Promotion Terms & Conditions (“Promotion Terms”) apply generally to the entertainment promotions (“Promotions”) made available by Scopely, Inc. and its affiliates (collectively “Scopely”) through Scopely’s Services, including game applications published by Scopely (“Game or Games”).

HOW IT WORKS. If you have downloaded or are using a Scopely Game, you may receive a notice within or outside the Game (“Promotion Notice”) that you are eligible to participate in a Promotion. A Promotion could be a contest, a sweepstakes, a tournament, a gift with purchase, or a special offer. Each Promotion Notice will contain basic rules applicable to the Promotion, which you must agree to (in addition to these Promotion Terms) in order to participate in the Promotion. If you do not agree to the applicable terms, please do not participate in the Promotion.

PROMOTION DATES AND TIMES. All Promotion begin and end dates and times will be stated within the Promotion Notice. All entries must be received during the promotion period described in the Promotion Notice. All times will be listed in Pacific (California) Time.

SPONSOR: Scopely Promotions are sponsored by Scopely, Inc., 3505 Hayden Avenue, Culver City, CA 90232 (“Sponsor”). Additional sponsors, if any, will be specifically announced by Scopely in the Promotion Notice.

ENTRANT ELIGIBILITY. Unless otherwise stated in a Promotion Notice, Promotions are open only to legal residents of the 50 United States, DC, and Canada (excluding Puerto Rico and the Province of Quebec), eighteen (18) or older as of the date of entry, who have access to the applicable game prior to the Promotion start date and have a valid game account in good standing (each participant, an “Entrant”). These Promotions are void wherever they are prohibited. Employees of Scopely, its advertising and/or promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of any Scopely Promotion, as well as each parent corporation, subsidiary and/or affiliated company (collectively, “Promotion Entities”), and their immediate family members (defined to include spouses, mothers, fathers, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in any Scopely Promotion.

GAME ELIGIBILITY. Unless you are otherwise redirected in the Promotion Notice, these rules apply to all Promotions administered by Scopely.

HOW TO ENTER OR PARTICIPATE. Enter or participate by following the instructions provided in the Promotion Notice.

RESTRICTIONS ON USER-SUBMITTED ENTRIES. To the extent that a Promotion requires the submission of content (such as a photo, screenshot, video, or other content) (each, a “Submission”), the following terms apply:
(a) By entering a Submission, you represent and warrant that each Submission: (i) is your original creation and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation; (ii) has not been previously awarded a prize or award during any other contest or promotion sponsored by Sponsor or any third party; and (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not describe illegal behavior.
(b) If a Submission does not meet the criteria described in these Promotion Terms, Sponsor may disqualify and discard the Submission either immediately or at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format, or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than you, including another Entrant, which may be similar to your Submission. You also agree that Submissions may or may not be posted in the Game or on the Sponsor’s website, in Sponsor’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.
(c) By entering the Promotion, you hereby grant to Sponsor an irrevocable and non-exclusive, royalty-free, worldwide, perpetual, fully transferable, sub-licensable right and license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise exploit your Submission for any purpose including the marketing and promotion of Sponsor and its products and services, in whole or in part, in edited, altered or modified form, and in all media now known or hereinafter invented. Except where
prohibited under local law, you hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor, or any other person, on the grounds that use of your Submission as provided herein, infringes your rights as a creator of the Submission.

PROMOTION FORMATS (HOW TO WIN). Scopely offers promotions in a variety of formats, including sweepstakes, contests, tournaments, and other special offers. See each Promotion Notice for details on how to enter.

ALTERNATE METHOD OF ENTRY (For Sweepstakes Only). The Alternate Method of Entry (“AMOE”) applies to specified sweepstakes only and is not available for other Promotions. If you are entering a sweepstakes that offers an AMOE, you may enter via the AMOE during the Promotion Period by emailing the email address listed in the Promotion Notice, or if none is provided email AMOE@scopely.com using the name of the Promotion and the title of the Game as the email subject line (as listed in the Promotion Notice) and including the following information in the body of the email:
● Your full name
● Your date of birth
● Your User ID number as found within the settings or options in most of our Games
● Any other information described in the Promotion Notice. Any email that does not meet the criteria listed above will be ineligible to win. When you enter via the AMOE, you will receive the maximum number of entries in the sweepstakes as would otherwise be available to an Entrant who does not take advantage of the AMOE. Automated AMOE entries are strictly prohibited.

SELECTION OF WINNERS.

Tournament. All Entrants, including the winner, will be notified of their standing within Game, unless otherwise stated in the Promotion Notice, of their standing at the close of the tournament.

Sweepstakes. Sponsor will select one or more Entrants via a random drawing that will take place within 72 hours after the Promotion’s listed end date; selected Entrants will be potential winners until eligibility is confirmed by Sponsor, as further described below. For any sweepstakes, the odds of winning depend upon the number of entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

Contest. The judging criteria used to determine winners will be described in the Promotion Notice. The Entrant whose Submission best meets the judging criteria will win. The decisions of the judges will be final.

PRIZES. The prize(s) will be listed in the Promotion Notice (“Prize Package”). All Prize Packages are digital in nature and have only entertainment value. Prize Packages are not transferable, have no cash value whatsoever, and are for entertainment purposes within the particular Game.

PRIZE CONDITIONS: ALL POTENTIAL WINNERS’ ELIGIBILITY STATUS SHALL BE VERIFIED BY SPONSOR PRIOR TO ANY AWARDS OF PRIZE PACKAGES. If a potential winner is found to be ineligible, or if a potential winner does not comply with the Promotion Terms, then the winner will be disqualified and deemed to have forfeited their prize. It is a Winner’s sole responsibility to notify Sponsor of any changes in their name and/or address or other contact
information. A winner waives the right to assert, as a cost of winning a prize, any and all costs of verification and redemption to redeem said prize and any liability that might arise from redeeming or seeking to redeem said prize. Except where prohibited by law, a winner’s entry and acceptance of the prize constitutes permission for Sponsor and/or any Promotion Entities to use said winner’s name, and in some cases, his or her photograph, likeness, image, game avatar, screenname, statements, biographical information, voice, city, and state address for trade, advertising, public relations and promotional purposes, and otherwise in accordance with Scopely’s Privacy Policy (https://www.scopely.com/privacy). All entries may be subject to verification prior to awarding of prizes.

NOTIFICATION OF WINNERS. Potential winners will be notified publicly in the Game, via public forums, using an inbox message, or another method described in the Promotion Notice. potential winners may be required to sign an affidavit of eligibility, liability release, and where allowed, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable, or if a potential winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Promotion Terms, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Promotion Terms, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion.

PROMOTION CONDITIONS: VOID WHERE PROHIBITED. Promotions are subject to all applicable federal, state and local laws.
By participating, Entrants agree to be fully and unconditionally bound by these Promotion Terms and the decisions of the Sponsor, and waive any right to claim ambiguity in any Promotion or these Promotion Terms. Winners and Entrants also agree to release, discharge, indemnify and hold harmless the Sponsor(s) and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of any Prize Package or participation in the Promotion or any Promotion-related activities. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless Sponsor provides the prize winner with written warranties). Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government authority.

RESTRICTIONS. The Prize Package consists of only those items specifically described as part of the prize in the Promotion Notice. Sponsor may at its sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for any claim of failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.

LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, faulty transmissions, or other telecommunications malfunctions and/or entries; (2) technical failures of any kind; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs or bots) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical error, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to
cancel, terminate, modify or suspend all or any part of the Promotion and to select a Potential Winner from among all entries received by Sponsor and determined to be eligible in Sponsor’s sole discretion, up until the time of such cancellation, termination, modification or suspension, as applicable. Caution: any attempt by an Entrant to deliberately damage the website or Game or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek civil and/or criminal prosecution and damages (including attorneys’ fees) from any such Entrant to the fullest extent of the law.

PRIVACY POLICY AND TERMS OF USE. By entering a Promotion, each entrant acknowledges that they have read and agree to Scopely’s Terms of Service (located at https://www.scopely.com/tos), and that any of the entrant’s information made available to Scopely in connection with a Promotion will be treated in accordance with Scopely’s Privacy Policy (located at https://www.scopely.com/privacy/).
Both Scopely’s Terms of Service and Privacy Policy are hereby incorporated into these Promotion Terms by reference. The rules for any given Promotion shall supersede any contradictory terms contained in these Promotion Terms. Each Entrant acknowledges that if he/she is a winner, certain of his/her identifying information may be publicly disclosed to announce the winner and/or disclosed to third parties at least as required by law, including, without limitation, on a winners list.

WINNER(S) LIST. A winners list becomes available after completion of a Promotion and will remain available for 120 days. You may write to Sponsor at Scopely, Inc., 3505 Hayden Ave., Culver City, CA 90232 to
request a copy of the list. To do so, please include a self-addressed, stamped envelope (WA residents excluded), and request the name of the Winner(s) for a particular Promotion (note: you will generally receive the username for privacy purposes). You must include the name and date of the Promotion, including the game title.

COUNTRY SPECIFIC NOTICES: If any provision of a Promotion is invalid under the law, rules, or regulations of a particular country, it will only apply to the extent permitted by such laws, rules, and/or regulations.

MISCELLANEOUS. Entrants agree and accept that the Sweepstakes shall be conducted in English, and waive any claim they may have under laws outside the United States that require a sweepstakes to be conducted in local languages. The invalidity or unenforceability of any provision of these Promotion Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the Promotion Terms or Promotion Notice is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Promotion Terms or the Promotion Notice will not constitute a waiver of that provision. When terms such as "may" are used in these Promotion Terms, Sponsor has sole and absolute discretion. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Promotion Terms, the Promotion Terms shall prevail, govern, and control, and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.
Unless specifically noted, Scopely Promotions are in no way sponsored, endorsed or administered by, or associated with any social network, including but not limited to Facebook, Instagram, TikTok, or Twitter.

Terms of Service

MODIFIED ON: November 29, 2024

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English

1. INTRODUCTION
2. LIMITED LICENSE
3. OWNERSHIP
4. USER CONTENT
5. FEES AND PURCHASE TERMS
6. UPDATES TO OUR SERVICES
7. HEALTH AND SAFETY WARNINGS
8. DISCLAIMERS; LIMITATION OF LIABILITY AND INDEMNIFICATION
9. DISPUTE RESOLUTION
10. GENERAL PROVISIONS

Please read these Terms carefully before using or accessing our Services. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

1.INTRODUCTION

These Terms of Service (“Terms of Service,” “Terms,” or “ToS”) govern the relationship between you and Scopely, Inc. (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, “Scopely” or “we” or “us”) regarding your access to and use of Scopely’s games, mobile apps, websites, content, products, and any related services (collectively the “Services” as further defined in Section 3).

In the event you are playing any of the following applications: TIKI SOLITAIRE TRIPEAKS, BINGO BASH, GSN CASINO, and GSN GRAND CASINO, these Terms govern the relationship between you and GSN Games, Inc., a wholly owned subsidiary of Scopely, regarding your access to and use of such related Services.

When you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

Our collection and use of personal information in connection with the Services is described in our privacy policies, which are hereby incorporated by reference into these Terms. The Privacy Policy for all Scopely applications can be found here: www.scopely.com/privacy.

We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services, and your license to use our Services will immediately terminate.

This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these Terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.

IMPORTANT NOTICE: For U.S. and Canadian players, disputes with Scopely must generally be resolved on an individual basis through final and binding arbitration. For more details, see the Arbitration Agreement in Section 9.

If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).

2.LIMITED LICENSE

Limited License
Subject to your agreement and your continued compliance with these Terms and all relevant Scopely policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license subject to the limitations below to access and use our Services for your own personal (i.e., non-commercial) entertainment purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Any rights not expressly granted herein are reserved by Scopely and its licensors.

Any use of the Services in violation of the license restrictions contained in this Section 2 is strictly prohibited. To the fullest extent applicable under law, we reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.

Restrictions

You specifically agree to the following license restrictions in connection with the Services:

If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian.

If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.

You are prohibited from using our Services for commercial purposes.

You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (whether targeted or not targeted).

You are prohibited from creating an Account on someone else’s behalf.

You are prohibited from creating an Account using inaccurate or false information.

You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information.

You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.

You further agree that under no circumstance will you:

Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.

Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.

Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).

Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted Scopely policies (e.g. our forum rules).

Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.

Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.

Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.

Scrape, harvest, or otherwise extract data from the Services.

Seek to obtain advantage or information from our Services using methods not expressly permitted by Scopely.

Engage in solicitation or attempted solicitation of personal information from other users of our Services.

Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.

Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.

Impersonate another person, including without limitation any other user or any Scopely employee.
Use our Services to violate any applicable law or regulation.

Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.

Encourage anyone to engage in the foregoing.

Access or Use of the Services Associated With Your Account

When you access or use the Services, you create an account with us (an “Account”). In some cases, you may be asked to provide a username and password (collectively known as “Login Information”). You are responsible for all use of the Services and activity related to your Account, including all transactions and payments associated with that Account, which may include but are not limited to the use of your credit card and other payment systems such as PayPal. You agree to maintain accurate, complete, and up-to-date information in your Account, and our Privacy Policy describes how you can keep your personal information up-to-date. It is your sole responsibility to maintain the confidentiality of your Login Information and your unique player ID. You agree not to engage in any acts that may compromise the integrity, fair play and/or security of your Account, including but not limited to sharing Login Information or permitting unauthorized access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately, and we also urge you to modify your Login Information to prevent further damage. To the fullest extent permitted under applicable law, we will not be responsible to you for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your Login Information in connection with our Services.

As part of the Services, we offer you the opportunity to play with your friends or other matched opponents who generally align with your overall skill level in-game. These matched opponents may be auto-generated players that look and play like real people.

You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services. We reserve the right but have no obligation, to become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity. If you have a dispute with any other user(s), you agree to release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes to the fullest extent permitted under applicable law.

We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You may have only one Account per game on a properly supported device.

Suspension and Termination of Account and Services

Without limiting any other remedies and to the fullest extent permitted under applicable law, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items (as defined in Section 5 below), in-game purchases, or other losses. To the fullest extent permitted under applicable law, we are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses incurred, and are under no obligation to compensate you therefor.

We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular game, at any time for any reason, consistent with applicable law. If this occurs, your license to access or use the applicable Services will automatically terminate, and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right in our reasonable discretion to terminate any Account that has been inactive for an extended period of time. Unless required by applicable law or app store policy, we are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.

You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Scopely that you wish to close your Account by either: (i) opening a help ticket directly in-game via the Help section for the applicable game and requesting that your Account be closed; or (ii) emailing support@scopely.com and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account, including, without limitation, your game progress and any Virtual Items associated with your Account.

3.OWNERSHIP

The Services and all rights, title, and interest therein are and shall remain the property of Scopely or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted in the section “Limited License” above; or (ii) to use or reference Scopely or its licensors’ company name(s), logos, product and service names, or marks.

You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Scopely.

4.USER CONTENT

We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (“User Content”). Your User Content remains your property. However, once you make User Content available on the Services, you thereby grant to Scopely an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Scopely the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Scopely in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.

As a user, you are personally and solely responsible for all information you post and/or send, transmit, or provide to others in connection with our Services, including but not limited to User Content you post in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that your User Content is free of malware, viruses, adware, spyware, or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

User Content may be processed by us in accordance with our Privacy Policy. Please contact us if you have questions regarding your User Content or Account by either: (i) opening a help ticket directly in-game via the Help section; or (ii) emailing us at support@scopely.com.

5.FEES AND PURCHASE TERMS

Any time you purchase virtual currency (including but not limited to virtual cash and other in-game premium currency), virtual in-game items, and any other premium goods or services in connection with our Services (collectively, “Virtual Items”) with real currency (i.e., real world money), Scopely grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. All purchases and redemptions of such Virtual Items through our Services are final and non-refundable, unless otherwise determined by us. Scopely may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice to you. Scopely will have no liability to you or any third party in the event that Scopely exercises any such rights.

Notwithstanding the above, for residents of the EU/EEA, unless otherwise determined by us, we do not provide you with a voluntary, additional contractual right to claim a refund beyond your statutory withdrawal right and any statutory warranty claims or other statutory refund claims which remain unaffected. Scopely may modify Virtual Items beyond what is necessary to maintain such Virtual Items in conformity if (i) the modification introduces new services, features or functionalities (in particular to improve or further develop such Virtual Items or parts thereof), (ii) the Virtual Items have to be adapted to a new technical environment or to increased user numbers or (iii) modifications are objectively necessary for other important operational reasons. Such modifications will in any event be without additional cost to you, and Scopely will inform you in a clear and comprehensible manner of such modifications.

Virtual Items have no real-world value. Other than as expressly authorized in our Services, you may not sell, redeem, or otherwise transfer Virtual Items to any person or entity, including but not limited to Scopely, another user, or any third party.

You understand that use of the Services may result in charges to you, and you agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Payments will be enabled using the payment method associated with your Account. We may revise the pricing for the goods and services offered through our Services at any time. We may also from time to time provide certain users with offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or payments charged to your Account. If you choose to sign up for a subscription or VIP experience in connection with the Services, payments will be enabled in accordance with the terms displayed to you at the point of purchase, and available to you thereafter on the applicable Service(s). You acknowledge and agree that, except where otherwise provided in these Terms or under applicable law, we are under no obligation to provide you with a refund for any items (including Virtual Items) that are in your Account, for any reason, including but not limited to termination of your Account or when closing your Account, whether such actions are voluntary or involuntary.

If you choose to sign up for a subscription or VIP experience, you will be presented with subscription-specific terms at that time, describing if and when your subscription will automatically renew, for what period of time, and at what cost, and how to tell us to cancel it. Those terms will also explain how to cancel a subscription and the time period in which you should do so before you will be charged. Those terms will also be available to you after you sign up, including in-game through the Help settings.

6.UPDATES TO OUR SERVICES

You understand that our Services are developing and evolving. Scopely may require that you accept updates to our Services. While Scopely will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Scopely may update our Services, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to receive our Services and/or play our games.

7.HEALTH AND SAFETY WARNINGS

Photosensitivity warning

A small percentage of people may experience reactions to certain visual images or patterns, including flashing lights even without a diagnosed condition or history. To reduce the risk take regular breaks, play in a well-lit room, avoid playing when drowsy or fatigued, view the game from a distance or on a smaller screen, and limit the duration of play. If you have a history of epileptic or photosensitivity conditions, please consult your physician before playing any of our video games.

Stop playing immediately and consult a doctor if you experience any discomfort.

8.LIMITATION OF LIABILITY AND INDEMNIFICATION

The Services are provided on an “AS IS” and “AS AVAILABLE” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Scopely does not warrant that you will be able to access or use our Services at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.

Limitation of Liability

Scopely will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Scopely has been advised of the possibility of such damages. Scopely will not be liable to you for more than the amount you have paid to Scopely in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Scopely during such time period, your sole remedy (and Scopely’s exclusive liability) for any dispute with Scopely is to stop using the Services and to cancel your Account. To the fullest extent permitted under applicable law, you must provide notice of any dispute you have with Scopely within one (1) year of the dispute occurring, or it is forever waived and time barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

To the extent that Scopely may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Scopely’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Scopely. This provision shall have no effect on the choice of law provision set forth below.

Notwithstanding the above, for residents of the EU/EEA, Scopely shall only be liable for damages, irrespective of the legal grounds, in the event of intent, gross negligence and slightly negligent breach of material contractual obligations (cardinal obligations). Material contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract. In the event of a slightly negligent breach of material contractual obligations, Scopely’s liability shall be limited to compensation of foreseeable damages typical of the contract. In particular, indirect damages shall not be compensated. The above limitations of liability shall also apply in favor of Scopely’s legal representatives and vicarious agents if claims are asserted directly against them. The above limitations of liability do not apply to (i) culpably caused damages resulting from injury to life, limb or health on the part of Scopely and (ii) statutory no-fault liability under the EU Product Liability Directive, as transposed into national law.

Indemnification

You agree to indemnify, save, and hold Scopely, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) your breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it.

The above shall not apply to residents of the EU/EEA. Residents of the EU/EEA shall be liable for damages resulting from negligent and intentional breaches of these Terms.

9.DISPUTE RESOLUTION

Scopely values its players and their concerns, and we want to work with you to resolve any disputes as quickly and efficiently as possible for both of us. This Dispute Resolution section discusses how disputes between us will be resolved through our informal dispute resolution process, individual arbitration, or small claims court.

Our informal dispute resolution process is designed to help you resolve issues early by working with our player care team to address the issue, without having to go any further. If we are unable to resolve the issue together informally, any dispute arising out of or relating to these Terms, your access or use of the Services, or your relationship with Scopely (or any of its past or future parents, subsidiaries, representatives, affiliates, officers, and directors) will be resolved through binding individual arbitration, except that either you or Scopely may take a dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction.

Dispute shall be interpreted broadly and include, but not be limited to: (i) any claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (ii) any claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any claim that may arise after termination of these Terms. Dispute, however, does not include the exceptions set forth below.

Informal Dispute Resolution

If a dispute arises between you and us, we prefer amicable resolution to protracted legal battles. To that end, we have created an informal dispute resolution program we believe can resolve most matters. Before initiating any arbitration or court proceeding, you must first follow these steps:

1. CHECK THE FAQ: You can start your resolution process by reviewing our “Help/FAQ” section for the applicable game or Services. Each “FAQ” section is specific to each game, and addresses the most commonly asked questions or concerns players may have, so please start there.

2. IN-GAME SUPPORT: If our FAQs did not resolve the issue, please complete a help ticket in-game, and be sure to clearly state your issue in the ticket. All tickets are reviewed by our player care team, who will work with you to resolve the issue through the inbox message system in your Account. Please bear with us; we may need to research your issue to fully resolve the ticket, and this may require us to ask further questions and engage with you over several communications. Although most issues can be resolved in this way, certain issues may require further escalation, as reasonably determined by us.

3. ESCALATION: If you have followed the above steps, but you feel that the issue remains unresolved after our player care team has stated that a matter is closed, please email us at support@scopely.com and include a reference to the help ticket and information sufficient to identify your Account, the specific issue you believe is unresolved, and the relief you are seeking. Our player care leads will work with you further to resolve your issue over the next sixty (60) days. In some cases, we may address the issue remotely. In others, we may ask to speak with you directly and will arrange a mutual time to discuss your matter. You agree that if a request if made to speak about the issue, you will personally participate. If you provide us with your phone number for this purpose, it will not be used for other purposes. Any applicable limitations periods (including statutes of limitations) will be tolled during the sixty (60) day Escalation process.

Arbitration Agreement

If your dispute remains unresolved after you have exhausted our informal dispute resolution process above, you may seek to resolve it through binding individual arbitration as follows:

If you are a resident of the US or Canada, you and Scopely agree to resolve any dispute on an individual basis through final and binding arbitration, provided you have exhausted the informal dispute resolution steps above and the dispute remains unresolved. This agreement precludes you from bringing any class action against Scopely. It applies even after you stop using your Account or have deleted it.

An arbitration proceeding is before a single neutral arbitrator instead of a judge or jury. An arbitrator must follow and enforce these Terms as a court would. Arbitration proceedings have different rules than lawsuits in court. Arbitration is less formal, and provides limited opportunity to compel the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if you or we do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that too, rather than a court or other agency. Unless you and Scopely otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

Exceptions to Agreement to Arbitrate

We all agree that we each still have the right to go to court to resolve disputes relating to:

Your or Scopely’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or

Claims that are not subject to arbitration as a matter of applicable law not preempted by federal law, and that are within the jurisdiction of the court where they are brought.

No Class Actions

We all agree that we can only bring claims against each other on an individual basis whether in arbitration or in court.

That means:

Neither you nor Scopely can bring a claim as a plaintiff or participate as a class member in a class, collective, consolidated, private attorney general, or representative action in arbitration or in court. However, you and we retain the right to participate in a class-wide settlement. Notwithstanding the above, for residents of the EU/EEA, nothing in this “No Class Actions” section limits (i) your right to directly bring a legal action against Scopely before a competent court, and/or (ii) your right to benefit from representative actions by qualified entities brought against Scopely according to national laws of EU/EEA Member States.

The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any class, collective, consolidated, private attorney general, or representative arbitration proceeding (unless we both agree to change this).

The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other individuals, and cannot be used to decide other disputes with other users.

The Arbitration Process, Rules, and Fees

The American Arbitration Association (“AAA”) will run the arbitration between you and Scopely, in accordance with the AAA’s rules and procedures then in effect (including their Mass Arbitration Supplementary Rules, if applicable) (“AAA Rules”), as modified by these Terms. If something in these Terms is different than the AAA Rules, then we will follow these Terms instead. To review the AAA Rules or to start an arbitration proceeding, you can refer to AAA’s website (www.adr.org). If either you or we decide to initiate arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

A Demand for Arbitration must be accompanied by an attestation of compliance with the informal dispute resolution process described above and be personally signed by the party initiating arbitration (and their counsel, if represented). By submitting a Demand for Arbitration, the party and their counsel will represent that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), like they would in court. The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocol is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall ask a court of competent jurisdiction to appoint an administrator that will do so.

The arbitration will take place in the county, parish, or province where you live. We could also hold the arbitration in some other place, but we both have to agree to that. We also agree that during the arbitration process, members of our team may still work with you to resolve your issue informally.

Either of us involved in the arbitration can ask the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Also, either of us can take the arbitrator’s decision or award to a court to confirm it or enter a judgment on it (i.e., make it the same as a court judgment), except an award that has been satisfied may not be entered in any court. Sometimes you can ask a court to change an arbitrator’s decision or award, but those circumstances are limited.

Notwithstanding any choice of law or other provisions in these Terms, we all agree that the Federal Arbitration Act (including its procedural provisions) will be applied to determine whether the provisions in this Section 9 can be enforced and how they should be interpreted.

Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and Scopely agree that we have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Scopely may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all of us.

Additional Procedures for Mass Arbitration

You and we agree that these Additional Procedures for Mass Arbitration (in addition to the rest of Terms) will apply if you decide to participate in a Mass Arbitration. If 25 or more similar disputes (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that the resolution of your dispute might be delayed and ultimately proceed in court. If you decide to bring your dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) will be tolled for your dispute from the time that your dispute is first submitted to the AAA until your dispute is selected to proceed as part of a stage (as explained below) or is settled, withdrawn, otherwise resolved, or opted out of arbitration as part of these procedures.

A Process Arbitrator will be appointed through a rank-and-strike selection process to address any issues contemplated by the AAA Rules. In addition, should Scopely make such a request, the Process Arbitrator will determine whether each dispute brought as part of the Mass Arbitration (including yours) has been specifically authorized and whether each claimant (including you) has actual knowledge of the submission. The Process Arbitrator has the authority to: (i) grant any request for discovery to help the Process Arbitrator decide whether there was authorization and actual knowledge; and (ii) award relief if the Process Arbitrator finds the submissions were not specifically authorized or made with actual knowledge of the claimants.

STAGE ONE: If at least 500 disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Scopely will each select 250 disputes (500 total) to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. If there are fewer than 500 disputes submitted, then each of them will proceed as cases in individual arbitrations at that time. Each of the cases will be assigned to a different arbitrator and proceed individually. If a case is withdrawn before an arbitration award is issued, another claim shall be selected to proceed as part of Stage One. The remaining disputes won’t be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those disputes. After this initial set of proceedings, counsel for the parties will participate in a global mediation to try to resolve all of the remaining disputes (including yours), and Scopely shall pay the mediator’s fee.

STAGE TWO: If the remaining disputes have not been resolved at the conclusion of Stage One, the same staged process set forth for Stage One will repeat for Stage Two with 500 total disputes proceeding in individual arbitrations except that arbitrators who presided over a case in Stage One may be appointed to preside over a dispute that proceeds as part of Stage Two, unless either party objects. After this second set of staged proceedings, counsel for the parties will participate in a global mediation to try to resolve all of the remaining disputes (including yours), and Scopely shall again pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining dispute (if any) that is not settled or not withdrawn will be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. However, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the staged process set forth above (except disputes to proceed in any later stages will be randomly chosen and mediation will be optional) or through another mutually-agreeable process. A court of competent jurisdiction will have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your dispute and are not enforceable, then your dispute shall not proceed in arbitration and may only proceed individually in a court of competent jurisdiction consistent with the remainder of the Terms.

Future Changes to this Dispute Resolution Section

If we make any future changes to the Dispute Resolution Section (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice within thirty (30) days of the changes to:

Scopely, Inc.  
Attn: Chief Legal Officer 
3505 Hayden Ave. 
Culver City, CA 90232

Such written notice does not constitute an opt out of arbitration or the class action waiver. By rejecting any future change, you are agreeing that you will resolve any dispute between you and Scopely in accordance with this version of the Dispute Resolution Section, including the arbitration agreement and class action waiver.

10.GENERAL PROVISIONS

Severability
Except as otherwise provided in these Terms, you and Scopely agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding in such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law.

Choice of Law and Jurisdiction
If you are a US resident, these Terms and our relationship will be governed by the laws of the state in which you reside, without giving effect to its conflicts of laws principles, except as otherwise provided above. As described in Section 9, the Federal Arbitration Act will apply to arbitrable disputes. If you reside outside the US, these Terms and our relationship will be governed by English law, without giving effect to its conflicts of laws principles; however, consumers having their habitual residence within the EU/EEA can nevertheless rely upon additional protections under mandatory consumer protection laws of their home country.

If you are a US resident and the arbitration agreement is ever deemed unenforceable or void as to your dispute, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassed by New York County, New York or New Castle County, Delaware and waive any objection as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum; or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

Jury Trial Waiver

To the fullest extent permitted under applicable law, you and we waive the right to a jury trial.

Assignment
Scopely may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Scopely’s prior written approval. Any such assignment and/or delegation without Scopely’s prior written approval is ineffective and in violation of these Terms.

Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemic, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked.

If you believe your copyright-protected work has been posted on the Services in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:

Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;

Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);

Your name, address, telephone number, and, if available, email address;

A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;

A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

Your physical or electronic signature.

If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;

A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

Your name, address, telephone number, and, if available, email address;

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which Scopely may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and

Your physical or electronic signature.

DMCA notices must meet current statutory requirements imposed by the DMCA.
Please send DMCA notices to our DMCA Agent at the following address or by email to privacy@scopely.com (subject line “DMCA Communication”): DMCA Agent, Scopely, Inc., 3505 Hayden Ave., Culver City, CA 90232.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).

Scopely’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO SCOPELY’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA PROCESS CAN SUBJECT YOU TO LIABILITY.

Survival
In addition to other provisions that, by their terms, survive any termination of your Account, the Terms, or the Services, the following Sections shall survive any such termination: Section 3 (Ownership), Section 8 (Disclaimer of Warranties, Limitations of Liability and Indemnification), Section 9 (Dispute Resolution), and Section 10 (General Provisions).

Supplemental Terms
Supplemental terms may apply to certain Services, such as forums, contests, or loyalty programs (including subscriptions or VIP experiences). Supplemental terms will be disclosed to you in connection with the applicable Service(s). Those supplemental terms are in addition to and shall be deemed a part of the Terms for purposes of the applicable Service(s), and your right to use such features is subject to those supplemental terms.

Entire Agreement
These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Scopely. They supersede all prior understandings between you and Scopely, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

No Waiver
Any failure of Scopely to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Scopely of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Scopely will be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Scopely.

Notices
We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number connected with your Account; or (iii) written communication sent by mail to any address connected with your Account. All notices given by you or required from you under these Terms must be in writing and addressed to: Scopely, Inc. Attn: Chief Legal Officer, 3505 Hayden Ave., Culver City, CA 90232. Any notices that you provide without compliance with this subsection will have no legal effect.

Additional Terms for Sony PlayStation Users

For SIEA users: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

For SIEE users: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Privacy Policy

Modified on: September 17, 2024

Choose the Language

English

Contents

- About this Privacy Policy
- Information We May Collect and How We Collect It
- How We Use Information
- How We Disclose Information
- Interest-Based Advertising
- Your Rights and Choices
- Data Retention
- Security
- Use By Minors
- Additional Information for Residents of the EEA, United Kingdom, Switzerland, and Brazil
- Additional Information for Residents of Specific U.S. States
- Contact Us

About this Privacy Policy

This Scopely Privacy Policy (“Privacy Policy”) describes how and when we collect, use, secure, and share information collected in connection with our games, mobile applications, websites, content, products, and any related services (collectively, the “Services”), and your choices and rights in relation to the same. For purposes of this Privacy Policy, “Scopely” (or “we” or “us”) refers to Scopely, Inc. and its parents, subsidiaries, representatives, affiliates, officers, and directors for websites and applications that link to this Privacy Policy or otherwise make it available to you.

Please read this Privacy Policy carefully. We may update it from time to time by posting a new version on our website, scopely.com. If we make any material changes, we will notify you through the Services.

If there is any difference between the English version and any other language version of this Privacy Policy, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).

Information We May Collect and How We Collect It

We may collect various types of information, including information you provide or make available to us directly, information collected from your devices (including on web and mobile), and information collected from other sources, like social networking sites and gaming partners. Some of this information may be considered “personal information” or “personal data” under applicable privacy or data protection laws.

Information You Provide

You may provide information directly to Scopely when you:

Use or access the Services, including when you create a Scopely Account (as defined in our Terms) or make in-app purchases;

Create a Scopely Account for logging in across multiple games or Services;

Connect with or access our Services using a third-party ID or log-in, such as an ID for a social networking site or gaming service;

Communicate with or contact others using our Services, including when you use chat, “invite a friend,” “email this page,” or use other similar features;

Participate in Scopely offers, contests, or special events;

Subscribe to newsletters or sign up to hear about current or upcoming products; and/or

Complete surveys offered by us or on our behalf.

Depending on how you choose to use the Services, we may collect the following types of information:

Contact information such as your first and last name, username or handle, third-party service ID, email address, phone number, home address or shipping address, and other contact information;

Images such as your photo, avatar, or other image;

Biographic and Demographic information such as your date of birth, gender, and time zone.

Transaction information such as purchase or payment information; and/or

Other information such as chat records, friends’ names and contact information, and location information you choose to share (for example, when you connect with our Services through social features).

Information Collected or Generated When You Use our Services

When you access or use our Services, we collect information from and about you and the device(s) you use. This may include the following information:

IP address, unique device identifiers, advertising identifiers, device serial numbers, and similar identifiers;

Device information such as hardware model, device software platform/OS and firmware, mobile carrier, preferred languages, device motion information, mobile network information, and in some cases, browser type and version, Internet service provider, referring/exit pages and URLs, or clickstream information;

Approximate location inferred from IP address;

In-game purchase information;

Game scores and achievements, and other information as reasonably required to offer and enhance our Services; and/or

Inferences, such as those drawn from any of the personal information we collect, to better understand your preferences.

Information Collected Using Cookies and Similar Technologies

We and our partners use various tools to collect information when you use our Services, including cookies, pixels, software development kits, advertising identifiers, and other similar technologies. Some of these technologies store information in the browser or on your device. Other technologies may use network-related or other information to recognize your device (e.g., IP address). Our Services use these technologies, for example, when you first request a web page and information is then stored on your computer or other device so the website or app can access information when you make subsequent requests for pages from that Service. These technologies may also be used to collect and store information about how you view and use the Services, such as pages you have visited, your search history, and content you have viewed, and to connect your activity with other information we store about you. This information is generally used to make content, our Services, and advertising more relevant and useful during future visits.

The use of these technologies helps us serve you better by understanding what you're interested in, tracking trends, measuring the effectiveness of ads, saving your preferences, and storing information you may want to retrieve on a regular basis. One of these technologies is Google Analytics. For more information about how Google uses your personal information (including for its own purposes, e.g., for profiling or linking it to other information), please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here. We also allow specific, approved partners to collect information from your browser or device for advertising and measurement purposes using their own similar tools.

At any time, you can control the use of cookies by adjusting the settings on your browser. However, if you choose to disable some or all cookies, please note that by blocking any or all cookies, you may not have access to certain features, content, or personalization available through our Services. For information about how you can manage your cookie and similar technologies preferences, please review the section of this Privacy Policy titled "Interest-Based Advertising."

How We Use Information

We may use the information we collect for a number of business and commercial purposes, including to:

Perform internal operations necessary to develop, provide, maintain, and improve our Services, including troubleshooting, providing customer and technical support, and conducting data analysis, testing, and research;

Understand how you interact with our Services and personalize the product experience and content (including advertising and messaging campaigns), as well as offer discounts or personalized pricing in accordance with applicable law;

Maintain the safety, security, and integrity of our Services, for example by authenticating players and providing account security and fraud detection;

Send you news and/or marketing communications (by email, phone, or text) subject to your marketing preferences and choices, including information about Scopely or third-party offerings we think may be of interest to you;

Administer contests, surveys, and sweepstakes you enter, notify contest winners, and award prizes;

Fulfill a purchase or send you order confirmations or other requested product or Service information;

Facilitate your communication with friends and other players, and enable features that allow you to share information with other people (for example, if you choose to use friend invite features); and/or

Comply with legal requirements and/or investigate or address claims or disputes relating to your use of the Services.

How We Disclose Information

At Scopely, we are in the business of creating great games, not selling information. Subject to your legal rights, we may disclose the information we collect about you, and may enable you to share this information, with a variety of third parties in various ways, including:

With our affiliates, who provide data processing services necessary to provide you with our goods and services (for example, to support the delivery of, provide functionality on, or help to enhance the security of our website and app across the world) or who otherwise process personal data for purposes described in this Privacy Policy. Our affiliates, to which we transfer your personal data, operate within our sector;

With vendors, consultants, development partners, business partners, payment processors, and other third-party service providers as necessary to carry out work on our behalf and otherwise provide the Services, including, but not limited to, Amazon Web Services, Google Cloud Platform, SendGrid, and Okta. We may also share some of your information only with your consent or at your direction, for example, we may share your personal information if you opt in to receiving information from Scopely’s business partners;

With other players, to enable you to interact with them and to share gameplay-related information such as high scores and other leaderboard information;

With the general public, if you choose to share information when contributing content to our Services through a forum, blogs, social features, or the like;

Where you choose to take advantage of social sharing features or related tools that let you share games and other actions you take on our Services, with the public, social media platforms, and/or your social media friends or contacts;

With others who share your device, if you make your Account available to them through that device;

With other parties engaging in sponsorships and co-branded opportunities and promotions;

With specific third parties if we believe disclosure is required by applicable law, regulation, or legal process;

With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our terms or other policies, and/or are fraudulent or in violation of applicable law, or as we determine necessary to protect the rights, property, or safety of Scopely or others;

In connection with an actual or proposed merger, consolidation, restructuring, sale of company stock and/or assets or other corporate change, including during the course of any due diligence process; and/or

In an aggregated or pseudonymous form or otherwise in a form that cannot reasonably be used to identify you.

Third-party Products, Links, and Login

In some cases, we may enable you to access third-party websites, products or services through our Services. Other websites may also reference, advertise, or link to Scopely. Please note that those links, the content of such other websites, products or services are offered by people or companies not affiliated with or controlled by us, and we are not responsible for their actions, their terms, their privacy practices and use of information, or their products or services. If you submit your information to a third party, that third party’s treatment of your information is governed by their privacy policy, which may differ from this Privacy Policy. We encourage you to review the applicable privacy policy of any third party you access through the Services.

Third-party Login

You can log in to certain Scopely Services using third-party authentication solutions (e.g., sign-in authentication via Facebook, Google, and Apple). If you choose to log in using one of these methods, you allow us to temporarily transfer you to an authentication log-in experience provided by the third party. You will be asked to input your login credentials for that third-party application and that third party will authenticate and sign you in via their solution. Note that your use of any third-party solution for sign-on, and the personal data you provide to that third party or data collected by them, will be explained by that third party and access to their sign-on services is governed by their terms of use, privacy policies, and other policies. We encourage you to read and review those documents carefully. They will also explain more about information that may be shared back to Scopely in order to support the authentication experience.

Interest-Based Advertising

We may share some of your information with certain third-party partners to make advertising more relevant, to measure its effectiveness, and to help recognize your devices and serve ads. We or they may also employ cookies or similar technologies, as described above, to ensure you receive appropriate advertising and personalized experiences. These third-party advertising partners include, but are not limited to Meta, Google, AppLovin, LiveRamp, Criteo, IronSource, Microsoft, and their partners. Click each partner’s name for more information regarding their privacy practices.

If you prefer to opt out of having your web viewing behavior used for interest-based advertising, you can learn how to do so by clicking here, or if located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, by clicking here. If you would prefer to opt out of having information about your mobile app usage used for interest-based advertising, you may also do so through your device settings such as (“Allow Apps to Request to Track” on iOS and “Opt Out of Ads Personalization” on Android). Please note that even if you disable personalized advertising, you may continue to receive ads that are not based on your preferences.

Data Retention

The specific personal information we process and our reasons for doing so often vary depending on how you use the Services. Therefore, the length of time that we retain personal information can also vary. We generally retain personal information for as long as we reasonably need it for the purposes described in this Privacy Policy (such as complying with our legal obligations, where we have an ongoing legitimate business need to do so, managing internal records, enforcing our contracts and terms, fraud prevention, resolving disputes, and for safety reasons), unless a longer retention period is required or permitted by law.

The primary factors we consider in determining retention periods can include minimum requirements under applicable law, relevant industry standards, the types of data in question (such as its level of sensitivity), relevance to potential litigation or similar proceedings (such as defending ourselves against legal claims), and whether the personal information is required to prevent fraud or similar abuse of the Services (including to enforce prohibitions against cheating and other unauthorized behavior and to prevent banned players from using the Services).

To learn more about how to request deletion of your personal information, please see “Your Rights and Choices” below.

Your Rights and Choices

You may be able to access, delete, modify, and/or correct certain personal and other information available to you in your Account or in-app. Depending on where you reside, you may have additional rights, including those listed below in the sections called “Additional Information for Residents of the EEA, United Kingdom, Switzerland, and Brazil” and “Additional Information for Residents of Specific U.S. States.”

How to Exercise Your Rights

To protect the privacy of your information, Scopely verifies your identity and processes rights requests through our in-game help ticket system. If you wish to exercise any of the rights described above, please follow the instructions below and do not delete the game until your request is fulfilled:

Open the Scopely game(s) for which you wish to exercise your rights;

Visit the game’s settings menu;

Select “Contact Us,” “Support,” “Help,” or equivalent option to submit a support ticket via the chat icon;

Follow the prompts as provided by the Support team; and

Choose the applicable request.

If you have trouble with any of the steps described above, you can contact privacy@scopely.com for help. We may contact you to confirm your choices and to ask for additional information as needed to verify your identity and process your request.

Communication Preferences

Email and text: In order to opt-out of email communications, please click the “unsubscribe” link at the bottom of the email or contact us at unsubscribe@scopely.com. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth below in the “Contact Us” section.

Push Notifications: In connection with certain Services, you may choose to opt in to receiving push notifications. If you no longer want to receive them, you can turn them off at the device level.

“Do Not Track” / “Global Privacy Control”

Do Not Track (“DNT”) is a privacy preference that players can set in certain web browsers. Additionally, some browsers or plug-ins use a “Global Privacy Control” (“GPC”), which you can learn more about at https://globalprivacycontrol.org/. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if our site detects a GPC signal from your device, we will interpret it as a request to opt out of Selling or Sharing your personal information and to opt out of Targeted Advertising under applicable state law. We will also interpret it as a request to limit the Sale or Sharing of personal information for Targeted Advertising for residents of the European Economic Area, the UK, and Brazil.

Security

We follow generally accepted industry standards and maintain reasonable safeguards designed to secure the information in our possession, and take steps to ensure only those at Scopely with a legitimate business need to access your personal information are permitted to do so. We also take reasonable steps to assure that third parties to whom we transfer information will provide protections appropriate to that type of information. We also have in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. If you have reason to believe that your personal information is no longer secure, please immediately contact us as set forth below in the “Contact Us” section.

Use By Minors

With the exception of our games STUMBLE GUYS and MONOPOLY GO!, our Services are designed for a general audience and require all players to be above the minimum age to consent for data processing (for example, 13 years old in the United States, and 16 years old in some parts of the EU) as a condition of access. Because we allow younger players to play STUMBLE GUYS and MONOPOLY GO!, we take additional steps to limit access to certain features based on a player’s age. We also limit the personal information we collect and share about younger players to only what is necessary to support our internal operations.

If you are a parent or guardian of a minor, and believe that minor has provided personal information in connection with our Services without your consent, or if you wish to review information collected from your minor child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that we have collected personal information from a minor in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it or the personal information is necessary to provide the requested Services, and revert them to the underage experience, if applicable.

Additional Information for Residents of the EEA, United Kingdom, Switzerland, and Brazil

If you are a resident of a member country of the EEA, the United Kingdom, Switzerland, or Brazil, then in accordance with applicable law, you may have the following rights (some of these rights apply generally, while others will only apply in certain circumstances:

Information: to be provided with clear, transparent, and easily understandable information about how we use your information, which is why we are providing you with this Privacy Policy.

Access: to obtain a copy of the personal information we have collected about you and to check that we are lawfully processing it. This right only applies to personal information relating to you, and not to any other player or person.

Rectification: to correct your personal information where it is inaccurate, incomplete, or outdated.

Erasure: to request that Scopely remove or delete your personal information, for example when it is no longer necessary to fulfill the purposes for which Scopely collected it. This right may be limited to the extent that Scopely is permitted or required by applicable law to retain your information. Note that if you request deletion of your personal information, you may no longer be able to use or access the Services. If you share devices with someone else who uses the Services, that person may also lose game progress or related Account information and access. If you decide to use or access the Services again, Scopely may consider this a new Account and may collect personal information associated with that Account in accordance with this Privacy Policy.

Restriction or objection to processing: to object to Scopely’s processing of your personal information, or request that Scopely restrict (block or suspend) that processing. Because the information that Scopely collects is generally required to provide the Services to you, if you object to the processing of your personal information, this may have the same effect as requesting deletion of this information. This right may be limited to the extent that Scopely is permitted or required by applicable law to continue processing the information. Note that if you object to the processing of your personal information, you and others who use your devices to access the Services may no longer be able to use or access the Services.

Portability: to receive a copy of your personal information in a structured, commonly used, and machine-readable format so that you can transmit it elsewhere.

Withdraw consent: if we have collected and processed certain types of personal information with your consent, you may withdraw that consent at any time as described above. This includes your right to withdraw consent to us using your personal information for marketing purposes. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to then, nor will it affect any processing based on lawful grounds other than consent.

Complain: to file a complaint with your national data protection authority about our collection and use of your personal information.

To exercise these rights, please see “Your Rights and Choices” above.

For all rights, we usually act on requests and provide information free of charge, but, where allowed under the law, we may charge a reasonable fee to cover our administrative costs of providing the information for baseless or excessive/repeated requests, or further copies of the same information. Alternatively, we may be entitled to refuse to act on the request in some circumstances. We’ll try to respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Legal Basis for Processing Personal Information

If you are from the EEA, the United Kingdom, or Switzerland, our legal basis (i.e., the reason) for collecting and using your personal information will depend on the type of information and the context in which we collect it. In general, we collect personal information for the different activities and purposes described above, as follows:

Where we have your consent to do so, such as before we use or share your information for advertising that is targeted based on your browsing history, online behavior, or other personal information that we or third parties may have collected about you. If you consent to our use of your personal information for any purpose, you have the right to withdraw consent at any time by contacting us, as explained above;

Where we need it to perform a contract with you (i.e., our Terms of Service), between you and us and/or taking steps, at your request, to enter into such a contract, which for instance, allows us to provide you with the Services, to respond to inquiries, and to administer contests and promotions;

Where it is in our legitimate interests and this is not overridden by your data protection interests or fundamental rights and freedoms. We have a legitimate interest in processing your personal information, for example, for the following purposes:

- Product and Service development, management, delivery, and enhancement;
- Fraud detection and prevention;
- Network and system security;
- General corporate operations;
- Compliance with applicable foreign laws;
- Communications regarding your purchases; and
- Non-targeted marketing and advertising.

Where we have a legal obligation to collect personal information from you or may otherwise need it to protect your vital interests or those of another person.
If you have questions about the legal basis on which we collect and use your personal information, please contact us at privacy@scopely.com.

International data transfer

Your personal information might be transferred to a country outside the EEA, the United Kingdom or Switzerland, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the EEA, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the UK/EU Standard Contractual Clauses or similar contractual safeguards, and, if necessary, the implementation of further technical and organizational measures. Please contact us if you would like more details about our safeguards for data transfers.

Additional Information for Residents of Specific U.S. States:
California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, Virginia

Information We Collect, Use, and Disclose

All sources of personal information collected are noted in the “Information We May Collect and How We Collect It” section above and retained pursuant to “Data Retention” above. The purposes for our collection of this information are described in “How We Use Information” above. For purposes of this Privacy Policy, the following terms shall bear the same meaning as set out in any applicable law: “Targeted Advertising”; “Sale”, “Sell”, or “Sold”; and “Share,” “Shared,” or “Sharing.”

In the past 12 months, we have disclosed (or have enabled you to disclose) the following categories of personal information to third parties for business or commercial purposes:

CATEGORY	CATEGORIES OF PARTIES TO WHOM INFORMATION IS DISCLOSED	CATEGORIES OF THIRD PARTIES TO WHOM INFORMATION IS “SHARED” AND/OR “SOLD”
Identifiers and contact information, including first and last name, email address, phone number, home address or shipping address, and your friends’ names and contact information.	Vendors, such as cloud service providers (such as our email service providers and cloud-based survey and customer service tools we use) and payment processors. Affiliates for purposes of business operations and support.	N/A
Identifiers such as username or handle, third party service ID, IP address, unique device identifier, advertising identifier, device serial number.	Vendors, such as cloud service providers (such as our email service providers and cloud-based survey and customer service tools we use) and payment processors. Affiliates for purposes of business operations and support. Other players in multiplayer games (username only).	Analytics providers and advertising partners.
Internet or other electronic network activity information, such as hardware model, device software platform/OS and firmware, mobile carrier, preferred languages, device motion information, and mobile network information, and in some cases, browser type, Internet service provider, referring/exit pages and URLs, and clickstream information.	Vendors, such as cloud service providers (such as our email service providers and cloud-based survey and customer service tools we use). Affiliates for purposes of business operations and support.	Analytics providers and advertising partners.
Commercial information, such as information regarding in-game purchase payment method.	Vendors, such as cloud service providers (including cloud-based customer service and survey tools we use), payment processors, and business partners. Affiliates for purposes of business operations and support.	N/A
Commercial information, such as information regarding in-game purchase events and value of purchases.	Vendors, such as cloud service providers (including cloud-based customer service and survey tools we use), payment processors, and business partners. Affiliates for purposes of business operations and support.	Advertising partners.
Demographic information, such as your gender, age, date of birth, and language.	Vendors, such as cloud service providers (including cloud-based customer service and survey tools we use). Affiliates for purposes of business operations and support.	N/A
Visual information, such as your profile picture and the profile pictures of your friends or contacts.	Service providers that enable image functionality on our behalf. Affiliates for purposes of business operations and support. Other players, depending on your sharing preferences.	N/A
Non-precise geolocation information.	Vendors, such as cloud service providers (such as our email service providers and cloud-based survey and customer service tools we use) and payment processors. Affiliates for purposes of business operations and support.	N/A
Other information you may share if you use social features when accessing our Services, including the organizations, links, and other information included on your social profile page.	Service providers, and other providers or partners that support our operational business purposes. Affiliates for purposes of business operations and support. Other players, depending on your sharing preferences.	N/A
Inferences derived from personal information listed above in this chart, such as your characteristics and preferences.	Vendors, such as cloud service providers (such as our email service providers and cloud-based survey and customer service tools we use) and payment processors. Affiliates for purposes of business operations and support.	Analytics providers and advertising partners.

Note that we do not have any knowledge of Sales or Sharing of personal information of minors (e.g., for the purpose of this section, under 16 years of age in California). While our Services may allow you to create an account, we do not otherwise use or disclose any sensitive personal information.

Your Privacy Rights Under Applicable State Law

Subject to applicable law, if you are a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia, you may have the following rights:

To Know and Access: to confirm whether we process your personal information, and, subject to certain exceptions under applicable law, to obtain a copy of the personal information we have collected about you. Oregon residents may request information about the third parties to whom we have disclosed personal information. (Note that this right only applies to personal information relating to you, and not to any other player.)

Deletion: to request that Scopely delete your personal information. This right may be limited to the extent that Scopely is permitted or required by applicable law to retain information. (Note that if you request deletion of your personal information, you may no longer be able to use or access the Services, and that if you share devices with someone else who uses the Services, that person may lose game progress or related Account information and access. If you decide to use or access the Services again, Scopely may consider this a new Account, and may collect personal information associated with that Account in accordance with this Privacy Policy.)

Opt-Out of "Sale", "Sharing" and "Targeted Advertising" Practices: depending on the site you are visiting or the app you are visiting and your relationship with us, you have the right to opt-out of certain information sharing practices with Third Parties who do not act as our Service Providers. In some states, like California, this information sharing may qualify as a “Share” or a “Sale,” while in other states, like Virginia, this information sharing may qualify as “Targeted Advertising” (collectively, “personalized advertising”). If you wish to opt-out of personalized advertising associated with our games, please visit the “Do Not Sell or Share My Personal Information” setting found in a game’s settings menu, or by contacting us as set forth below. If you are a resident of Colorado, Connecticut, Montana, Oregon, or Texas you may designate an agent to submit an opt-out of Sale or opt-out of personalized advertising request on your behalf.

Correction: to request the correction of inaccurate personal information that we may have on file about you.

Obtain additional details regarding Scopely’s information practices: You may have the right to request disclosures regarding Scopely’s information practices. (Note that this information is generally available in this Privacy Policy).

If you wish to exercise any of the rights described above, please follow the instructions in “Your Rights and Choices” above. We will not discriminate against you, in terms of price or services that we offer, if you submit any of the requests listed above.

Verification and Appeal Process: We are required by law to take reasonable steps to verify your identity prior to responding to your request (except for requests to Opt-Out). Please note that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). Please do not delete our game until your request is fulfilled. If we are unable to process your request via our in-game help ticket system, we may verify your request by asking for information sufficient to confirm your identity, such as your name, email address, and information about your interactions with us or with one of our games. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and as permitted by applicable law. Where required by applicable law, we will notify you if we reject your request, and notify you of the reasons we are unable to honor your request.

If you are a resident of Colorado, Connecticut, Montana, Oregon, Texas, or Virginia you have the right to appeal a request we deny when we have verified your identity and still decline to honor your request. The process for that appeal will be sent to you separately if your request is denied.

Authorized Agent: Californian players may use an authorized agent on their behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a Californian player to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the player, and have sufficient access to that player’s laptop, desktop, or mobile device to exercise that player’s right digitally. If you are an authorized agent trying to exercise rights on behalf of a Scopely player, then you can make a request on the player’s behalf by contacting us as set forth below in the “Contact Us” section with supporting verification information with proof that you have access to the player’s interface (including, for certain requests, written permission from the player) and proof of your own identity.

Refer-a-Friend, Promotions, and Similar Incentive Programs: We may offer referral programs, promotions such as sweepstakes, or other incentivized information collection programs. We may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) Alternatively, we may ask you to provide your personal information in exchange for a reward or participation in a promotion. These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your information to us depends on how you ultimately use our Services, whereas the value of the referred party’s information to us depends on whether the referred party ultimately uses our Services. Said value will be reflected in the incentive offered in connection with each program. You may withdraw from the incentives at any time. In order to withdraw from the financial incentive, please contact us at privacy@scopely.com privacy@scopely.com.

Shine the Light Disclosure: California residents are entitled to ask us for a notice that identifies the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and provides contact information for such affiliates and/or third parties. If you are a California resident and would like this information, please submit a written request to us using the contact information below in the “Contact Us” section.

CCPA Reporting Metrics: To learn more about our annual reporting metrics, please visit www.scopely.com/ccpametrics.

Additional Information for Residents of Nevada

If you are a Nevada resident, you can request that we not “Sell” your “Covered Information” (as defined in applicable Nevada law). We do not Sell any Covered Information concerning Nevada residents. If you have questions about our practices please contact us using the information in the "Contact Us" section below. Please use “Nevada Do Not Sell” in the subject line.

Your Duty to Inform us of Changes

It is important that the information we hold about you is accurate and current. Please keep us informed as soon as possible if your personal information changes or is inaccurate during your relationship with us by using the contact details below.

Contact Us

If you have questions or concerns about this Privacy Policy and our use of your personal information, you can contact us by email at privacy@scopely.com, or by postal mail at: Scopely, Inc., Attn: Legal Department, 3505 Hayden Avenue, Culver City, CA 90232, clarified further below. If we receive a formal written complaint from you, we will attempt to contact you directly to resolve your concerns.

Residents outside the European Economic Area (EEA):

Attn: Legal Department
3505 Hayden Avenue, Culver City, CA 90232

European Economic Area (EEA):

Attn: Legal Department
3505 Hayden Avenue, Culver City, CA 90232

UK Residents:

Attn: Legal Department
3505 Hayden Avenue, Culver City, CA 90232

To comply with our obligations under EU and UK data protection legislation, we have appointed a Data Protection Officer (DPO) in the UK and Spain. Our DPO can be contacted at privacy@scopely.com or by mail using the details provided above.

Who is the controller of my data? For the purposes of EU/UK data protection legislation, Scopely Inc., is the controller of your personal information collected by Scopely pursuant to this Privacy Policy.

Player Community Guidelines

MODIFIED ON: MAY 16, 2022.

Choose the Language

English

At Scopely, we don’t just make games - we are active players in them, and like other players, we have more fun when playing in an inclusive community.

Behavior that disrupts another’s experience hurts everyone’s ability to play. By following our Player Community Guidelines, we can all work together to ensure that everyone in our games has a great experience for years to come.

Our intention with creating Player Community Guidelines is to help educate players about how to be upstanding community members, give examples of positive and negative behaviors, and help our players find the best ways to play well together.

Our 5 core guidelines are:

PLAY RESPECTFULLY - RESPECT EACH OTHER

Players should only be challenging each other in the game, not in chat. Your intention, the context, and the impact your words and actions have on other players all matter;

Ways to play respectfully:

- Communicate in a way that builds, rather than disrupts the community; we want to make a community that is comfortable coming back, rather than drive others away
- Use respectful language, even when in competition
- Focus on the impact of words on others, not just your intention behind them
- Learn from what bothers others, not just what you would be bothered by

Examples of disrespectful behavior:

- Bullying or harassing another player
- Repeatedly contacting someone who does not want to communicate
- Using hate speech or slurs anywhere in the game
- For example, racist, sexist, anti-LGBTQ+, religious intolerance, ableism (or targeting based on medical conditions), extreme political views, advocacy of hate organizations, and xenophobic statements
- Using inappropriate or offensive names
- Abusing, threatening, or encouraging for someone to hurt themselves or others
- Sending inappropriate (e.g. violent, sexually explicit) pictures or communications in-game

PLAY FAIRLY - PLAY THE GAME AS INTENDED

Scopely games are created for each player to personalize their experience through their own playstyle and how they choose to engage with the features they like.

Game rules exist to ensure fair play! Abusing exploits or unapproved tools impact a player's experience while playing the game as intended.

Ways to play fairly:

- Support healthy competition where appropriate, focusing on strategy and teamwork
- Show good sportsmanship, whether winning or losing
- Follow the rules of the game

Examples of inappropriate behavior:

- Disrupting the gameplay experience of others through abuse
- Lashing out at others who play the game with a different style
- Cheating or exploiting loopholes in the game, or using mechanics against their intent

PLAY WITH INTEGRITY - PROTECT YOUR AND OTHER PLAYERS’ IDENTITIES, AND SHARE ONLY WHAT YOU ARE MEANT TO

Many of our games support social activities that can drive players to share meaningful experiences.

However, sharing information that is private or protected, such as your or other players’ personal information or account details, can hurt that experience. Sharing personal information may also be illegal in certain circumstances, and any breaches may be punishable by law.

Ways to play with integrity:

- Keep your personal account information and unique player ID private and secure
- Respect your own and others’ privacy
- Share content that’s meant to be shared
- Communicate only with other willing players within the game’s chat function or established platforms

Examples of not playing with integrity:

- Sharing others’ personal information, such as contact information
- Impersonating other people or Scopely employees
- Sharing or selling your account to others
- Infringing on others’ intellectual property rights or personal content

PLAY OPENLY - BE WELCOMING TO NEW PLAYERS

A vibrant, global games community is one that is open to people of all backgrounds, abilities, nationalities, and interests, and all should feel welcome and included.

New players are joining all the time, and they look to their fellow players for advice, community, and examples to follow.

Ways to play openly:

- Be welcoming
- Be inclusive of new players from all backgrounds, such as those of a different race/ethnicity, gender, religion, sexuality, nationality, ability, and much more
- Be helpful when talking to new players learning the game
- Recognize that everyone comes to the game with different experiences

Examples of not playing openly:

- Lashing out at those who are learning
- Bullying or belittling newer players
- Driving players away from the game

PLAY WITH ACCOUNTABILITY - BE RESPONSIBLE FOR YOUR ACTIONS AND THEIR IMPACT ON OTHERS

We encourage players to uphold these guidelines and communication practices across Scopely games and community channels, in addition to the rules in our Terms of Service and rules from particular games or channels.

Behaviors against our Terms of Service may also lead to account consequences such as warnings, limiting access to chat functions, or suspending your account temporarily or permanently.

If you believe a player has violated our Terms of Services, you can reach out to customer support at https://scopely.com/customer-support/ to report it to us.

Scopely is proud to be home to millions of deeply engaged and passionate players worldwide who bring their diverse perspectives and experiences to our player communities.

By following our Player Community Guidelines, we can all work together to keep our communities safe, inclusive, and fun for all.

Thank you for playing!

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UK Tax Strategy

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The following document is published in accordance with the requirements under Part 2 of Schedule 19 of the Finance Act 2016 for the financial year ended December 31, 2024.

Introduction

This document outlines the approach to tax strategy, tax risk, and planning for the UK
subsidiaries and affiliates within the Group, and is meant to cover all applicable taxes for the UK sub-group, including corporate tax, payroll taxes, and VAT. This strategy is reviewed and approved by UK senior leadership.

Risk Management and Governance

As outlined in our Code of Conduct, the Group and its employees are committed to not only complying with all applicable laws and regulations, but also going above and beyond these standards to conduct our business in the most honest and ethical manner possible wherever operations are maintained.

This level of standard in the Code of Conduct is applied to our approach in managing tax risk and governance in the UK, and in all jurisdictions where the Group operates. We diligently monitor applicable tax laws and regulations to ensure that UK tax is paid appropriately and timely, tax reporting and disclosure requirements are met, and that tax risk is minimized.

Due to the complexity and constant changes in global tax, we manage tax risks and uncertainty internally, but we also seek guidance from outside advisors to inform our decision making and strategy. Key tax decisions are made at the appropriate levels and in consultation with senior leadership.

Tax Planning

Our focus is to ensure compliance with applicable laws in keeping with our Code of Conduct, and that tax planning aligns with the natural state of business expansion and operating objectives. We seek guidance from external advisors as appropriate to navigate complex tax rules and minimize uncertainty in interpretation.

Level of Tax Risk

The UK sub-group is part of a much larger global tax group, and therefore the level of tax risk is assessed as a global organization. The Group is focused on proactively assessing the relevancy and applicability of tax legislation to maintain low levels of tax risk or uncertainty of tax positions. External tax advisors are consulted as needed.

Engaging with HMRC

The UK sub-group aims to have a professional, transparent, and collaborative relationship with the HMRC on all tax matters whether historic, future, or prospective.

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