TERMS AND CONDITIONS OF USE

• Access to and use of this Real Site (the "Real Site") and use of the mobile products and games available on the Real Site (the "Content") is provided subject to these terms and conditions. These terms and conditions are between you and RealNetworks, Inc ("Real"). For the purposes of this agreement, "Real" shall include RealNetworks, Inc., and, where relevant, its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. PLEASE READ THESE TERMS CAREFULLY AS USE OF THE REAL SITE AND THE CONTENT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Access to the Content

• You may only use the Content once you have successfully purchased the Content in accordance with this Agreement. The Real Site details information as to which mobile phones are compatible with the Content. All Content may be provided in English or such other localized language as Real, at its sole discretion, decides is appropriate.

The download of some Content titles may be limited to specific countries. If you are located outside these countries you will not be permitted to download the Content and you will not be charged for the Content.

You will need to provide all equipment necessary to access the Content. By ordering the Content you confirm that your mobile phone can support the downloading of the relevant Content. If you are unsure whether this is the case you should check the information on this Real Site, consult your handbook or contact the manufacturer/service provider of your mobile phone. We cannot be held responsible should you attempt to download Content onto an incompatible mobile phone and you may be charged regardless.

Ordering Process Trial Initial Portion

• Only the trial initial portion of the Content is accessible from the Real Site. The trial initial portion of the Content is free to play but your operator/ service provider may charge a data rate for the initial download. Please see your mobile network terms and conditions for charges and other applicable terms.

Ordering Process Full Game

• Once you have completed the trial initial portion of the Content you will be asked if you want to buy the full version of the Content. If you click no the full Content will remain inaccessible by you and no further charges will apply.

If you click yes Real will send premium SMS messages to your phone to unlock the full Content. The number of messages will reflect the price of the Content as stated on the Real Site.

Cancellation

• Due to the nature of the Content, the fact that screenshots and video of the Content can be previewed prior to purchase and that once downloaded it cannot be returned, there is no right of cancellation once you have confirmed that you want to buy the full Content after receiving the unique WAP URL from Real and downloading the Content onto your mobile phone.

Payment

• You agree to pay Real for the Content in accordance with the prices in effect at the time the charge becomes payable, as detailed on this Real Site, plus any applicable taxes, in accordance with this Agreement. In addition you may be charged by your service provider for any SMS charges, WAP browsing or data communications charges associated with downloading the Content. You are able to purchase the Content through mobile billing.

Your service provider and not Real is solely responsible and liable for making and collecting any charges relating to your purchase of the Content. You will be charged for the Content via text message. These charges will be deducted from your available credit time if you are a pay & go customer or appear on your monthly statement if you are a pay monthly customer. If you have any questions regarding the charges which have been made you should contact your service provider, not Real, to resolves such disputes.

Real reserves the right to reject your order at its discretion.

Modifications to the Real Site

• Real shall be entitled to change these terms and conditions and modify the Content at any time without prior notice.

Use of Material on the Real Site

• The information, artwork, text, video, audio, or pictures in the Content (collectively, "Materials") are protected by copyright and trade mark laws. You may only access and use the Materials for personal purposes. You shall not be entitled to make the Content available to any third party without Real’s prior written consent. You may not modify or use the Materials for any other purpose without express written consent of Real. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the Real Site.

You may print Materials from the Real Site for personal purposes only, and you must include any copyright or trade mark notice originally included with the Materials in all copies.

Any computer software downloadable or otherwise available from the Real Site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from Real Site are licensed under the terms of the applicable service agreement.

The Materials included on the Real Site have been compiled by Real from a variety of sources, and are subject to change without notice.

All media files on the Real Site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the Real Site without Real's express written consent. You should not attempt to "pass-off" any of Real's content as your own work.

Support

• Real shall only be responsible for providing support relating to the access to and use of the Content. For further information reading support please contact us on support@realarcademobile.com.

Sites Linked From the Real Site

• The sites linked from the Real Site are not under Real's control, and Real does not assume any responsibility or liability for any communications or materials available at such linked sites. Real does not intend links on the Real Site to be referrals or endorsements of the linked entities; they are provided for convenience only.

Data Protection

You agree that Personal Data (as defined in the Data Protection Act 1998) supplied by you when ordering Content may be used by Real to monitor the use of the service from time to time and to evaluate areas of improvement. All Personal Data collected from you will be used by Real for the purposes of providing the Content and may be added to a database owned by real for use by Real in marketing its services.

Disclaimer of Warranty

• The Content, Materials, services and information or data (collectively, "Information") made available on the Real Site are provided "AS IS", without warranties of any kind. You recognize that access to the Real Site and use of the Information is entirely at your own risk. To the extent permitted by law, Real expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Real shall have absolutely no liability in connection with the Information including without limitation, any liability for damage to your mobile hardware, software, data, information and business resulting from any of the Information and Materials or the lack of information available on the Real Site. Real shall have no liability for:

1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
3. Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

Real makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Real makes no warranty, representation or guarantee that the Information or access to the Content will be uninterrupted or error free or that any defects can be corrected.

Limitation of Liability

• Under no circumstances shall Real be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Materials and/or Information. Further Real shall not be liable for any indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services.

Indemnity

• You agree to hold harmless and fully indemnify Real from and against any and all claims, proceedings losses, liabilities, damages, costs or expenses (including legal costs) incurred or suffered by Real arising from your use of the Content and/or breach of this Agreement.

Copyright, Patent and Trademark Notices

• All copyright, trade marks, patents and other intellectual property rights in any of the Content and Materials (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via this Real Site are either owned by Real or have been licensed to Real by the rights owner(s) for use on this Real Site. You are only allowed to use the Content as set out in this Agreement. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.

Copyright Infringement Notification Procedure

• Real's designated agent for notice of claims of copyright infringement related to RealNetworks, Inc., real.com, the Real Site, Realnetworks.com, and all affiliated web pages (collectively, the "Real Properties") is as follows:

Designated Agent:

Robert R. Kimball
Vice President, General Counsel and Corporate Secretary
Address:
RealNetworks, Inc.
2601 Elliott Avenue, Suite 1000
Seattle, WA 98121