Additional Terms of Use for Nick Arcade Services

IMPORTANT - PLEASE READ CAREFULLY: These Additional Terms of Use for Nick Arcade services (the "Agreement") supplement the Terms of Use for the Nick Arcade and NickJr Arcade websites, which are incorporated herein by reference, terms of use, and constitute a legal agreement between you (either an individual or an entity) and Nickelodeon, a business unit of MTV Networks, a division of Viacom International Inc., its subsidiaries, its suppliers and licensors ("Nickelodeon") governing your access and use of the Nick Arcade Pass, Nick Arcade Total Access, NickJr. Arcade Pass, Nick Jr. Total Access services (each a "Service" and collectively, the "Services"). The Services include product upgrades, support and access to content as described. You may only receive the Services if you are a Service subscriber in good standing and have made required payments in a timely manner, or if you are in the trial period of the Services. If you do not agree to the terms of this Agreement, do not purchase or use the Services.

BY ACCESSING AND USING THE SERVICES YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

YOUR USE OF NICKELODEON'S SOFTWARE ("SOFTWARE") WILL BE GOVERNED BY THE GAME LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. THE TERMS OF THIS AGREEMENT SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF SUCH GAME LICENSE AGREEMENT.

1. PAYMENT & SERVICES You agree to pay Nickelodeon the applicable charges for your use of the Services, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize Nickelodeon to automatically bill the charge card you provide each month or on each applicable membership period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Service. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable membership period, if not monthly. All payments are completely non-refundable. You may cancel the Services at any time, but Nickelodeon will not refund any remaining portion of your membership fees, including any minimum commitments, already billed to your account. You agree to provide Nickelodeon with a valid credit card and accurate, complete and updated information required by the membership registration form. Failure to comply may result in the immediate termination of Services.

You are responsible and liable for any fees, including attorney and collection fees, that Nickelodeon may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding commitment remaining on your membership if you cancel or terminate the Service. You agree to notify Nickelodeon about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Nickelodeon's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. During your active membership period, you are entitled to receive one game credit, good for a full version PC game, each month or more frequently if you so choose to pay for additional credits sooner than the minimum requirement. You may also purchase as many additional game credits as you'd like at the same price as your monthly membership rate. Game credits do not expire and will continue to accrue as long as you pay your monthly membership fee.

2. CANCELLATION POLICY. You may cancel your membership at any time. You are not eligible for and will not receive any refund or partial refund for any charges already billed to your account. You are responsible for any remaining financial obligations remaining on your membership and you will be billed for the remaining game credits due on your Membership upon cancellation. You may contact Nickelodeon on our website using our contact form. You understand and agree that cancellation of your membership is your sole right and remedy with respect to any dispute with Nickelodeon. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Nickelodeon's enforcement or application of this Agreement; (2) any policy or practice of Nickelodeon, including any Nickelodeon Privacy Policy, or Nickelodeon's enforcement or application of these policies; (3) your ability to access and/or use the Service; (4) any Nickelodeon Software or content provided by or through Nickelodeon; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3. NICKELODEON'S RIGHT TO TERMINATE OR MODIFY SERVICES. Nickelodeon may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event Nickelodeon modifies this Agreement or the Services, you may terminate the Services. Nickelodeon may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund, at Nickelodeon's sole discretion. Nickelodeon may provide notice by e-mail or by publishing the changes on its website. Your right to access and use the Services will automatically terminate if you fail to comply with any term. No notice shall be required from Nickelodeon to effect such termination. Upon any termination of this Agreement or your right to access or use the Services (whether by you or Nickelodeon), you shall immediately discontinue use of the Service. Your obligation to pay accrued charges and fees shall survive any such termination.

4. SERVICE USE RESTRICTIONS. You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdictions in which you use the Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Service; (iii) rent, lease, transfer, or otherwise transfer rights to the Service; and/or (iv) remove any proprietary notices or labels on the Service. You may only use the Service for your private, non-commercial use. You may not use the Service in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.

In addition to any other remedies available in equity or law to Nickelodeon and Nickelodeon's content suppliers, failure to comply with any of the terms and conditions in this Section 4, Service Use Restrictions, shall immediately terminate your right to use the Service.

5. PERSONAL INFORMATION AND PRIVACY. Personal information you provide to Nickelodeon is governed by the Nickelodeon Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Nickelodeon Privacy Policy, so please review it carefully.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Nickelodeon immediately of any unauthorized account use. Nickelodeon is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6. E-MAIL NOTIFICATION. To let you know what new products are available from time to time, Nickelodeon will send you e-mail describing the latest products, including how to access to such products. You agree that as a Service subscriber, Nickelodeon may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from Nickelodeon. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement.

These Additional Terms of Use were last updated November 18, 2009.