CANADIAN GENERAL TERMS AND CONDITIONS

PLEASE READ THESE GENERAL TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF OUR SERVICES.

The following general terms and conditions (the "General Terms and Conditions") are applicable your use of the short message service ("SMS") (hereinafter referred to as the "Services") provided by MyPengo Mobile (or enterprises affiliated to it) (the "Provider"), and/or your use of the Provider's website (the "Site") and any products, services or materials accessed through the Services and/or the Site. The Provider is permitted to amend these General Terms and Conditions in its sole discretion. Apart from the General Terms and Conditions, any applicable and publicized rules, promotional conditions, guidelines and provisions pertaining to the Services and the Site, as well as the Privacy Policy described below, also apply to you and Provider upon use of the Services and the Site. Any such rules, promotional conditions, guidelines and provisions will be considered to form an inextricable part of these General Terms and Conditions. By availing yourself of the Services and/or the Site you agree to these General Terms and Conditions and the rules, promotional conditions, guidelines and provisions applicable to them.

1. DESCRIPTION OF THE PROVIDER.

By means of the Services and/or the Site, the Provider supplies its users access to a network of on-line sources, including on-line games and on-line information material. The General Terms and Conditions are at all times applicable to all new facilities that constitute any expansion, extension or improvement of the present Services and/or the Site, including any extension to new functions added by the Provider.

2. AVAILABILITY OF THE SERVICES AND THE SITE.

The Services and the Site are supplied "as is" (at the stage of development it happens to be in) and the Provider accepts no liability nor does it issue any guarantees in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered. In order to make use of the Services and Site, you are required to have access to the Internet and/or a means of mobile communication. You are required to pay all expenses incurred in creating such access. You are also responsible for seeing to the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary.

3. PAYMENT.

You have access to the Site and some on-line services free of charge. Regarding the Services and your use of them, you pay amounts corresponding to the applicable rates of the Provider, which amounts are listed on the telephone bill you receive from the operator of your telephone network. The payment conditions of any third party are applicable to invoices issued by that third party. You pay the Provider all applicable national and local or other taxes and tax on games of skill or any levies imposed in lieu thereof, which taxes are based on the costs due for the use of the Services, regardless of whether those taxes are levied either now or in the future by national or local authorities or by any other body or bodies authorized to levy taxes.

4. REGISTRATION OBLIGATION.

In order to warrant safe and secure use of the Services and the Site, you guarantee the following, in addition to paying the applicable charges: (a) your personal cellular telephone number ("Personal Information") provided on the registration form is correct and complete; and (b) you see to it that the Personal Information is at all times correct, up to date and complete. If the Provider has a reasonable suspicion that the Personal Information does not reflect a true state of affairs, or is not accurate or complete, then the Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it. You yourself are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by the Provider, and you are fully liable for all actions carried out involving the use of your password or account. You undertake at the end of each session to close your account (by closing your browser) and to contact the Provider if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection is no longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage arising from your failure to observe the stipulations of this section.

5. PROCESSING OF REGISTERED INFORMATION AND PRIVACY.

The Provider attaches great importance to the privacy of its users. To ensure this we have created a Privacy Policy that is inextricably linked to the General Terms and Conditions. By using the Services and/or the Site, you: (i) grants to Provider the right to use your Personal Information for the purpose of administering the Services and/or the Site; (ii) grants to Provider the right to use your Personal Information for publicity and promotional purposes for which you have consented, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Provider may disclose your Personal Information to third-party carriers, agents and service providers of Provider in connection with any of the activities listed in (i) and (ii) above.

Provider will use Personal Information only for identified purposes, and in a manner that is consistent with the Provider's Privacy Policy which can be found at privacy policy link on the support site of the service.

6. INDEMNIFICATION.

You undertake to indemnify the Provider and its parents, subsidiaries, related companies, affiliates, enterprises, functionaries, contractors, agents, representatives, directors, officers, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Services and/or Site as a result of your connection with the Services and/or Site, your use of the Services and/or Site, or any violation committed by you of the General Terms and Conditions or rights of others.

7. PROHIBITION ON RESALE OF THE SERVICES AND SITE.

You undertake not to reproduce, copy, sell, resell or use the Services and/or Site, or any part of them, or access to the Services and/or Site for commercial purposes.

8. GENERAL RULES REGARDING USE, AND SAVING OF INFORMATION.

Regarding the use of the Services and/or Site you agree to the general rules, rules of play, promotional conditions, guidelines, provisions and restrictions established by the Provider. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend any such general rules, rules of play, promotional conditions, guidelines, provisions and restrictions. The Provider is entitled to annul accounts that have remained inactive for considerable periods of time. You concur with the arrangement whereby the Provider bears no responsibility or liability in the event that information sent or provided by means of the Services and/or Site is not saved or is deleted in error.

9. ALTERATIONS TO THE SERVICES AND/OR SITE.

The Provider may at any time alter or terminate the Services and/or Site, or any part of them, either temporarily or permanently, in its sole discretion. You concur that the Provider is not liable in respect either of any third party or you as a user in the event that the Services and/or Site are altered, terminated or suspended.

10. TERMINATION.

At its sole discretion and regardless of the reasons for doing so, the Provider may terminate use of the Services and/or Site by you and destroy and remove any Registered Information within the Services and/or the Site if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained by it without delay, and/or deny you all further access to the Services and/or the Site. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Services and/or the Site without issuing prior notice.

11. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.

Any dealings performed between you and sponsors and/or advertisers, or any participation in promotions offered by sponsors and/or advertisers that have been located on the Services or the Site, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and such sponsor and/or advertiser. You agree that the Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Services and/or the Site.

12. OWNERSHIP RIGHTS OF THE PROVIDER.

You are aware and agree that the Services and/or the Site, and software used in connection with the Services and or the Site (the "Software") contains intellectual property and may contain confidential information. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Provider and/or its affiliates. All rights are reserved. You are also aware and agree that copyright, trade-marks, service marks, patents or other ownership rights and laws are applicable to information and other content published in sponsors' and/or advertisers' advertisements materials offered to you via the Services and/or the Site. Unauthorized copying or use of any copyrighted material, trade-marks or other intellectual property without the express written consent of its owner is strictly prohibited. The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission to use the working code of its Software, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find a source code (or permit third parties to do so) (except if and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect), and provided that you do not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software. You undertake not to alter the Software in any way whatever or to use any altered versions of the Software for the purpose of gaining unauthorized access to the Services or the Site or for any other reason. In gaining access to the Services and/or the Site, you undertake only to make use of the interface supplied for that purpose by the Provider. The Provider hereby grants you permission to make just one copy only of the information on the equipment you use for gaining access to the Services and/or the Site, and to use and display the copy of the information made on that equipment only for private purposes.

13. DISCLAIMER.

YOU EXPRESSLY AGREE THAT:
a) THE PROVIDER REJECTS IMPLICIT OR EXPLICIT GUARANTEES OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT GUARANTEE THAT: (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICES AND/OR THE SITE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICES AND/OR OR THE SITE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICES AND THE SITE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THAT MATERIAL;
d) NO GUARANTEE THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICES AND/OR THE SITE.

14. LIMITATION OF LIABILITY.

YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES OR FOR ANY COURT-IMPOSED PENALTY WHEREBY PAYMENT OF DAMAGES IS REQUIRED, ARISING FROM: (1) THE USE OF THE SERVICES AND/OR THE SITE OR THE INABILITY TO USE THE SERVICES AND/OR THE SITE; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICES AND/OR THE SITE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES USING THE SERVICES AND/OR THE SITE; OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICES AND THE SITE.

15. GENERAL INFORMATION.

These General Terms and Conditions take the place of all previous agreements between you and the Provider. If you use any additional service, material or software from third parties, additional terms and conditions may be applicable to you. European law is applicable to the relationship between you and the Provider, regardless of any provisions of applicable international law. Disputes will be submitted to a National competent court. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the court must attempt to satisfy the wishes of the parties reflected by that stipulation, while the other stipulations of the General Terms and Conditions remain unimpaired.