END USER LICENSE AGREEMENT

THIS SOFTWARE IS LICENSED, NOT SOLD. VIZMOO, LLC and its affiliated companies (collectively, “VIZMOO” or “We”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Game Software.”

If you have any questions about this agreement, you can reach VIZMOO at VIZMOO, 429 Shortridge Dr, Wynnewood, PA 19096, Attn.: Legal Department.

This is a legal agreement between VIZMOO and the user who has accepted the terms set forth herein by clicking “I Accept” (“Customer” or “you”). Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the Game Software and please inquire about anything you do not understand. The terms and conditions set forth in this End User License Agreement (the “Agreement”) govern your access to and use of www.vizmoo.com, the Game Software and any related VIZMOO mobile applications, games or other features (collectively, the “Sites”) including any content, functionality and services offered on or through the Sites, whether as a guest or a registered user. If you are not eighteen (18) years of age, you are required to have your parents or legal guardians review and agree to this Agreement prior to using any of the Sites. By installing, copying and/or otherwise using the Game Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.

IMPORTANT - READ CAREFULLY: THE SITES INCLUDE ALL SOFTWARE INCLUDED WITH ANY VIDEO GAME PROVIDED BY VIZMOO, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SITES OR SOFTWARE CONTAINED THEREIN THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.

THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://WWW.VIZMOO.COM/LEGAL, INCORPORATES THE VIZMOO PRIVACY POLICY PUBLISHED AT http://WWW.VIZMOO.COM/LEGAL.

BY CLICKING “I ACCEPT” OR OPENING THE GAME SOFTWARE, INSTALLING, AND/OR USING THE SITES AND ANY OTHER MATERIALS INCLUDED WITH THE SITES, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY .

THE AGREEMENT APPLIES TO ALL USERS OF THE SITES, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, INSTALL, COPY OR OTHERWISE USE THE SITES OR ANY PORTION THEREOF. YOUR REMEDY FOR DISSATISFACTION WITH THE SITES OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH VIZMOO, IS TO STOP USING THE SITES. YOUR AGREEMENT WITH VIZMOO REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY AS OF THE DATE THAT YOU CLICK “I ACCEPT” OR UPON COMMENCEMENT OF YOUR USE OF THE SITES, WHICHEVER SOONER. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT DOWNLOAD OR USE THE SITES, AND VIZMOO SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE SITES.

1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

The Sites are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Sites may be subject to additional terms and conditions promulgated by VIZMOO from time to time. We may revise and update this Agreement from time to time in our sole discretion and without prior notice, except that we will notify you of any material changes relating to the dispute resolution, arbitration and governing law and jurisdiction provisions set forth herein (“Material Changes”). Any modifications to the Agreement will be posted on http://www.vizmoo.com/legal and will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward, except that Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification. http://www.vizmoo.com/LEGAL

2. LIMITED USE LICENSE

Subject to your compliance with the terms and conditions of the Agreement, VIZMOO hereby grants you a non-exclusive, nonsublicensable, non-transferable, limited, revocable right and license to access, install, and use one (1) copy of the Game Software solely in accordance with instructions provided by VIZMOO. This Agreement shall also apply to any patches or updates you may obtain for the Game Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF ANY PORTION OF THE SITES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Game Software or Sites generally and should not be construed as a sale or transfer of any intellectual property rights to the Sites. All rights not specifically granted under this Agreement are hereby reserved by VIZMOO and, as applicable, by its licensors.

3. COMPLIANCE

Each party represents and warrants to the other party that its activities hereunder shall comply with all applicable laws, regulations and other governmental requirements and shall not violate or infringe any valid United States intellectual property or privacy rights of a third party.

4. NO RIGHT TO OWNERSHIP

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SITES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF VIZMOO. Except as expressly licensed to you herein, all right, title, and interest in and to the Sites and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by VIZMOO or VIZMOO’s licensors. The Sites are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Sites contains certain licensed materials, and VIZMOO and its licensors may protect their rights in the event of any violation of this Agreement.

5. NO SALE OR ASSIGNMENT

You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations with respect to the Sites, either in whole or in part, without the prior written consent of VIZMOO. Any attempt to do so shall be void and of no effect.

6. LICENSE RESTRICTIONS

You agree to only use the Sites, or any portion thereof, in a manner that is consistent with this Agreement, and you SHALL NOT:

(a) exploit the Sites or any portion thereof commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location where the Sites will be accessed or used by any third parties who have not purchased a license to use the Sites and agreed to be bound by the terms of this Agreement ;

(b) use the Sites or permit the use of the Sites, on more than one computer, game console, mobile device, handheld device or PDA at the same time;

(c) use the Sites, or permit use of the Sites, or make Sites available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users other than how the software was intended to be used;

(d) sell, rent, lease, license, distribute or otherwise transfer the Sites or any copies of the Sites;

(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Sites, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of VIZMOO and/or its licensors on creation, in any event);

(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Sites;

(g) export or re-export the Sites or any copy or adaptation in violation of any applicable laws or regulations;

(h) create data or executable programs which mimic data or functionality in the Sites unless provided for in Section 6(i) below; or

(i) use any part of the Sites which allows you to construct new variations of games (“Editor”) to create new levels which can be used otherwise in connection with the Sites to produce any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party or to commercially exploit (through pay-per-play or timesharing services or otherwise), it being understood that you are solely liable and responsible for any claims by a third party resulting from your use of the Editor and you agree to indemnify, defend and hold harmless VIZMOO from any such claims.

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in any manual or other documentation accompanying the Sites.

7. PROTECTIONS

The Sites may include measures to control access to the Sites, suspend to access to the Sites, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Sites, including the Game Software, permit access to additional online features, only one copy of the applicable Site may access those features at one time (unless otherwise provided in the Site documentation). Additional terms and registration may be required to access online services and to download updates and patches to the Sites. Only copies of the Game Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Sites will not function properly.

8. INTERNET CONNECTION

The Sites require an Internet connection to access internet-based features, authenticate the Sites, provide updates or patches from time to time, or perform other functions. In order for certain features of the Sites to operate properly, you may be required to have and maintain (1) an adequate Internet connection and/or (2) a valid and active account with an online service as set forth in the Sites documentation, including but not limited to VIZMOO or an VIZMOO affiliate. If you do not maintain such accounts, then certain features of the Sites may not operate or may cease to function properly, either in whole or in part. You are wholly responsible for the cost of all Internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Sites.

9. UPDATES AND EVOLUTION OF GAME

From time to time, without prior notice, VIZMOO may in its sole discretion add new features to the Sites, remove existing features from the Sites, provide patches, updates or otherwise modify the Sites. We may provide updates that must be install on your computer or gaming system in order for you to access and use the Game Software. You hereby consent to VIZMOO remotely installing updates to the Game Software on your computer or gaming system, without further notice.

You understand that the Game Software, and the system specifications necessary to play the Game, may continuously evolve over time as the result of patches and updates to the Game. VIZMOO reserves the right to modify or increase the system specifications necessary to play the Game Software at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and play the Game Software.

10. PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with this Agreement. You agree not to use the Sites:

(a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as defined below).

(d) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

(e) To impersonate or attempt to impersonate VIZMOO, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen or account names associated with any of the foregoing).

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm VIZMOO or users of the Sites or expose them to liability.

Additionally, you agree not to:

(g) Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.

(h) Use any bot, crawler, spider, scraper or other automatic device, process or means to access the Sites for any purpose, including monitoring, copying or transferring any of the material on the Sites.

(i) Use any manual process to monitor, copy or transfer any of the material on the Sites or for any other unauthorized purpose without our prior written consent.

(j) Use any device, software or routine that interferes with the proper working of the Sites.

(k) Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(l) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.

(m) Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.

(n) Otherwise attempt to interfere with the proper working of the Sites.

11. USER CONTRIBUTIONS

The Sites may contain comments and reviews, personal profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sites.

All User Contributions must comply with the Content Standards set forth herein. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an unlimited right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, as may be necessary to provide you and our other users with the features and functionality of the Sites and for the marketing and advertising purposes of VIZMOO and its affiliates.

You represent and warrant that:

(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

(b) All of your User Contributions do and will comply with this Agreement.

(c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VIZMOO, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites. We assume no liability for reviews or for any claims, liabilities or losses resulting thereof.

12. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Agreement, including the Content Standards, infringes the intellectual property rights or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for VIZMOO.

(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

(e) Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS VIZMOO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIZMOO/ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13. CONTENT STANDARDS

All User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. Without limiting the foregoing, User Contributions must not:

(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age.

(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.

(e) Deceive or be likely to deceive any person.

(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.

(g) Draw legal conclusions about the conduct of other users or the products or services of any third party listed on the Sites.

(h) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(i) Impersonate any person or misrepresent your identity or affiliation with any person or organization.

(j) Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

(k) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User Contributions, and/or terminate your access to the Sites. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the Sites will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).

14. COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;

(b) a description of the copyrighted work that you claim has been infringed, including the URL;

(c) (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(d) identification of the URL or other specific location on the Sites where the material that you claim is infringing is located;

(e) your address, telephone number, and email address;

(f) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

All Notices must be sent to our copyright agent via email at sm@vizmoo.com
15. RELIANCE ON INFORMATION POSTED

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may contain content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by VIZMOO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VIZMOO. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. PURCHASES

Any fees for purchases you make on the Sites are due immediately and are non-refundable regardless of your decision to terminate your usage of the Sites, our decision to terminate your access to the Sites, planned and unplanned disruptions to the Sites, or any reason whatsoever.

To the extent that any amounts owed are not payed when due, or in the event your credit card information is declined or is no longer valid, you will be charged for all applicable third party fees and/or charges that are incidental to the collection of amounts owed and/or chargebacks including, but not limited to, costs of collection (including reasonable attorneys’ fees), convenience fees and/or other third parties charges.

You hereby explicitly agree that all communication in relation to unpaid fees will be made by electronic mail or by phone and that Company may rely on the services of a third party collection agent to makes such communications and engage in collection actions.

17. LINKING TO THE SITES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Agreement.

18. LINKS FROM THE SITES

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to by the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites which may be different than this Agreement.

19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VIZMOO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, VIZMOO DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS, (B) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SITES WILL BE INTERAOPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIZMOO OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE SITES MAY GO OUT OF DATE, AND VIZMOO MAKES NO COMMITMENT TO UPDATE SUCH SITES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE SITES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY PHYSICAL OR MENTAL INJURY OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

VIZMOO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITES, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE SITES FOR ANY PURPOSE. THE SITES, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SITES MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SITES, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND VIZMOO’S CONTROL. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIZMOO IS TO STOP USING THE SITES. IN NO CASE SHALL ANY LIABILITY OF VIZMOO TO YOU EXCEED THE AMOUNT THAT YOU PAID TO VIZMOO OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE OR PORTION OF THE SITES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL VIZMOO OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF VIZMOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF VIZMOO SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Software of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

20. INDEMNIFICATION

You agree to defend, indemnify, and hold VIZMOO, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successor and assigns harmless from all liabilities, damages, judgments, awards, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Sites; (b) any violation of the Agreement by you; or (c) any allegation that any your User Contributions infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. VIZMOO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VIZMOO in asserting any available defenses.

21. INTERNATIONAL USE

Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Game Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

22. TERMINATION AND SURVIVABILITY OF TERMS

The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to VIZMOO prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Game Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of VIZMOO, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software. The provisions of Sections 4, 5, 6,7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24 and 25 shall survive any termination of this Agreement.

23. INJUNCTION

Because VIZMOO would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that VIZMOO shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

24. ARBITRATION

Any dispute between the parties, whether or not arising from this Agreement or its performance, shall be determined by one arbitrator in binding arbitration administered by the JAMS, formerly Judicial Arbitration and Mediation Services, Inc., in Philadelphia, Pennsylvania; provided, however, that VIZMOO may seek to injunctive relief in a court of competent jurisdiction with respect to an allegation of infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.. Any witness more than 100 miles from the site of any hearing may testify via telephone, teleconference or other real-time telecommunication technology acceptable to the arbitrator. The arbitrator’s award shall be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction.

You acknowledge and agree that you and VIZMOO are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and VIZMOO otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

In the event this “Arbitration” section is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration” section will survive termination of the Agreement.

25. MISCELLANEOUS

This Agreement represents the complete agreement between you and VIZMOO concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and VIZMOO (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. VIZMOO reserves the right to amend this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.

VIZMOO may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without VIZMOO’s express prior written consent. VIZMOO’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of VIZMOO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software or information provided to or gathered by VIZMOO with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.

This Agreement represents the full agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations and agreements between the parties regarding the same.

This Agreement shall be governed by the law of the State of Delaware, without reference to conflicts of laws principles. Notwithstanding the arbitration requirements set forth herein, to the extent that any legal suit, action or proceeding arises out of, or relates to, this Agreement , the Privacy Policy or the Sites, such suit shall be instituted exclusively in the federal courts of the United States or the state courts of the Commonwealth of Pennsylvania, in each case located in the City of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. CONTACT

You may contact VIZMOO at the following address:

VIZMOO
429 Shortridge Dr
Wynnewood, PA 19096
Email: sm@vizmoo.com

PRIVACY POLICY
Last modified: May 30, 2020

I. Introduction
Vizmoo, LLC (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit our Sites www.vizmoo.com, or use our software products and any related mobile applications and/or games (collectively, the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect (a) on the Sites; (b) in email, text, and other electronic messages between you and the Sites; (c) through mobile and desktop applications you download from the Sites, which provide dedicated non-browser-based interaction between you and the Sites; and (d) when you interact with our advertising on third-party websites and services if those applications or advertisements include links to this policy. It does not apply to information collected by (i) us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using the Sites, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
II. Children Under the Age of 13
The Children's Online Privacy Protection Act of 1998 and its rules require us to inform parents and legal guardians (as used in this section, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (as used in this section, “children”). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.
This section notifies parents of (a) the types of information we may collect from children; (b) how we use the information we collect; (c) our practices for disclosing that information; and (d) our practices for notifying and obtaining parents' consent when we collect personal information from children, including how a parent may revoke consent. This section only applies to children under the age of 13 and supplements the other provisions of this privacy policy.
Information We Collect from Children
Children can access limited parts of our public-facing Sites without providing us with any personal information. However, some content and features, including games, interactive features, and the ability to communicate with other users are available only to registered users and/or require us to collect certain information, including personal information, from them. We require parents to register user accounts on behalf of their children, which are verified with credit card information, prior to allowing children to use portions of the Sites which collect personal information. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Sites.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
Information We Collect Directly. As part of parents’ account registration we require a username and a parent’s valid email address. In the event a parent creates an account specifically for their child’s use we may require the child’s name. We also require each user to maintain a member name and password. We may request additional information directly from your child, but this information is optional. We specify whether information is required or optional when we request it. In the event we learn that we have collected personal information from a child without parental consent we will take steps to delete such information as soon as possible. Parents who believe that their child has submitted personal information to us without their consent may contact us at as sm@vizmoo.com.
We may enable registered users to communicate with others, including clinicians, therapists or other providers designated by you, on or through the Sites through chat, email, or posting to public areas of the Sites (“Social Features”). The nature of these features allows children to disclose personal information about themselves. We do not monitor or review this content before it is posted, and we do not control the actions of third parties with whom your child shares his or her information. We encourage parents to educate their children about safe Internet use and to monitor their children's use of social features.
Automatic Information Collection and Tracking. We use technology to automatically collect information from our users, including children, when they access and navigate through the Sites and use certain features. The information we collect through these technologies may include one or more persistent identifiers that can be used to recognize a user over time.
We also may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.
For information about our automatic information collection practices, including how you can opt-out of certain information collection, see Sections III and IV of this Privacy Policy.
How We Use Your Child’s Information
We use the personal information we collect from your child to (a) register them with the Sites; (b) communicate with them about activities or features of the Sites that may be of interest; (c) track their performance in games or other activities; and (d) communicate with the clinicians, therapists or other providers designated by you about your child’s performance and use of the Sites.
We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Sites and to deliver a better and more personalized experience by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about the child’s preferences, allowing us to customize the content according to individual interests and (iii) speed up your searches.
Our Practices for Disclosing Children's Information
We do not share, sell, rent, or transfer children's personal information other than as described in this section.
We may disclose aggregated information about many of our users, and information that does not identify any individual. In addition, we may disclose children's personal information:
· To third parties we use to support the internal operations of our Sites and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
· If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others, including to:
• protect the safety of a child;
• protect the safety and security of the Sites; or
• enable us to take precautions against liability.
· To law enforcement agencies or for an investigation related to public safety.
In addition, if the Company is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.
Accessing and Correcting Your Child's Personal Information
At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information.
You can review, change, or delete your child's personal information by:
· Logging into your child’s account and visiting his or her account profile page.
· Sending us an email at sm@vizmoo.com, To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

III. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Sites, including information:
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• that is about you but individually does not identify you, such as information about your specific use of the Sites and performance with respect to any games contained therein; and/or
• about your Internet connection, the equipment you use to access our Sites and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
Information You Provide to Us. The information we collect on or through our Sites may include:
• Information that you provide by filling in forms on our Sites. This includes information provided at the time of registering to use our Sites, posting material, or requesting further services. We may also ask you for information when you report a problem with our Sites.
• Information generated by your use of the Sites, including participation in games, such as information about your physical movements and active time, which will vary based on activity and game.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Sites.
• Information about your use of the Sites, including information regarding your gameplay such as body tracking data, biometric sensor data, and game performance data.
• Your search queries on the Sites.
• Types of content you view within the Sites.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to our Sites, including traffic data, logs, and other communication data and the resources that you access and use on the Sites.
• Information about your computing device and Internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically does not include personal information, but we may associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Sites and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Sites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Sites.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites.
• Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our the Sites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Information About You We May Receive from Third Parties
• We may receive personal data about you from various third parties and public sources including:
· Analytics providers such as Google;
· Advertising networks such as Google, Bing, Facebook and Instagram.
· Contact, financial and transaction data from providers of technical, payment and delivery services such as Stripe.
· Identity and contact data from publicly available sources.

Third-Party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
IV. How We Use Your Information
We, and our authorized service providers, may use information that we collect about you or that you provide to us, including any personal information:
• To present our Sites and its contents to you.
• To provide you with information, products, or services that you request from us.
• To analyze trends and conduct research about improving the Sites.
• To contact users for research, informational or marketing purposes.
• To learn about our users’ needs.
• To track traffic patterns and usage of the Sites, including customizing our recommendations and promotions to you based on your information.
• To address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues.
• To investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process.
• To comply with law, or based on our good-faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud and reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Sites or the public.
• To process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Sites or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Sites.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
V. Lawful Basis of Processing
We collect and process your personal information under the following lawful bases:
• With your consent as provided hereunder;
• Performance of a contract with you;
• As necessary to comply with a legal obligation; and
• To fulfill our legitimate interest in conducting our business, where your interests and fundamental rights do not override those interests including, but not limited to:
a. providing the services for which you have enrolled and p you have purchased;
b. to keep our records updated;
c. to study how customers use our products/services, to develop them and grow our business and inform our marketing strategy;
d. for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercises;
e. contacting you about our products, or responding to your requests.

VI. Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
VII. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Sites users is among the assets transferred.
• To third parties to market their products or services to you. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To fulfill the purpose for which you provide it (e.g. sharing payment information with our third-party payment processors).
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our End User License Agreement, available at www.enablegames.com/legal, and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
VIII. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to sm@vizmoo.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving certain targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website found at http://optout.networkadvertising.org/ or a successor site

Opting Out
You can ask us to stop sending you marketing messages at any time by (i) by following the opt-out links on any marketing message sent to you; or (ii) by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service experience or other transactions.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Sites and visiting your account profile page.
You can delete your account at any time through the Sites or by contacting us at sm@vizmoo.com, though it may take time to delete all of your associated account information.
You may also send us an email at sm@vizmoo.com to request access to, correct or delete any personal information that you have provided to us. In some instances we may not be able to delete your personal information without deleting your user account. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Sites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
Your California Privacy Rights
The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. If you are a California resident, your CCPA rights are described below. If you have any questions about whether any of the following applies to you, please email us at sm@vizmoo.com.
You have the right to request certain information about our collection and use of your personal information over the past 12 months, including the following:
• The categories of personal information that we have collected about you, as those categories are defined under the CCPA.
• The categories of sources from which that personal information was collected.
• The business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we have shared your personal information.
• The specific pieces of personal information that we have collected about you.
• If we have disclosed your personal information for a business purpose over the past 12 months, we will identify the categories of personal information shared with each category of third-party recipient.
In addition to the rights described above, the CCPA requires disclosure of the categories of personal information collected and shared with our affiliates and Customers over the past 12 months. Those categories, as described by the CCPA, consist of the following:
• Identifiers, including name, email address, IP address, and an ID or number assigned to your data.
• Other individual records such as phone number and caller ID, phone call metadata, or credit or debit card information that you provide to us. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
• Biometric Information, relating to your movements when using virtual reality hardware in connection with the Sites.
• Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
• Commercial information, including purchases and engagement with Company.
• Internet activity, including your interactions with our services and what led you to our Website.
• Geolocation data.
• Audio, electronic, visual, or similar information.
• Inferences, including information about your interests, preferences and favorites.
If we have sold your personal information over the past 12 months, we will identify the categories of personal information purchased by each category of third-party recipient. AT THIS TIME COMPANY DOES NOT SELL ANY PERSONAL INFORMATION AND HAS NOT SOLD ANY SUCH INFORMATION IN THE LAST TWELVE (12) MONTHS.
If you are a California resident you have the right to request deletion of the personal information that we have collected from you, subject to limited exceptions: for example, we may retain personal information to complete a transaction with you, or we may retain information that would affect the privacy of others or interfere with legal requirements. If your deletion request is subject to an exception under the CCPA we may deny your deletion request.
To exercise the rights described above, you should send us written request via email to sm@vizmoo.com or via the Company address listed below. Please ensure that your request (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information; and (2) provides sufficient detail to allow us to understand, evaluate, and respond to your request. We may not be obligated or able to respond to requests that do not meet these criteria.
For your security we may require you to verify your identity before we can act on your request. There may be information we will not return in response to your access request, such as information that would affect the privacy of others or interfere with legal requirements. Similarly, there may be reasons why we cannot comply with your deletion request, such as the need to keep your personal information to fulfill a legal obligation.
Company will use commercially reasonable efforts to respond to any complete and valid request within 30 days of receipt. There is no cost to submit a valid request although Company may re-quire a fee if your request(s) are excessive, repetitive, or unreasonable. You will not be charged a fee, and your fee-bearing request will not be processed, without Company providing you with prior written notice.
Should you choose to exercise any of your rights under the CCPA, Company will not deny you any services, charge you different rates, or provide lesser quality services. However, in the future Company may elect to offer different tiers of services as allowed by applicable laws (including the CCPA) which may contain differing prices, rates, or levels of quality, which may be related to the value of personal information that we receive from you. California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to sm@vizmoo.com or write us at: 429 Shortridge Dr, Wynnewood, PA 19096, Attn.: Legal Department.
Data Retention
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, which may include rights to the following:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at sm@vizmoo.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
IX. Data Security
We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted by us or our third-party payment processor using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites. The information you share in public areas may be viewed by other users of the Sites.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.
X. Users Outside of the United States
If you are visiting the Sites from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Sites may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using the Sites or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use, and to those with whom we may share your information.
XI. Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Sites home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Sites and this privacy policy to check for any changes.
XII. Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
VIZMOO
429 Shortridge Dr
Wynnewood, PA 19096
Email: sm@vizmoo.com