BACON BANDIT GAMES – TERMS OF USE LAST MODIFIED ON MAY 28, 2018 IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE THE BACON BANDIT GAMES SOFTWARE, OR MAKE USE OF ANY ASSOCIATED SERVICES. SECTION 16 OF THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY. This Terms of Use (the "Agreement") is a legal agreement between you as an individual and 6864954 Manitoba Ltd. (dba Bacon Bandit Games) ("Bacon Bandit"). It governs the terms and conditions relating to our operation and your use of the video game software known as "Tap Tap Dig" and "Letter Quest Remastered" (the "Games"), which includes: (i) the Tap Tap Dig and Letter Quest Remastered video games and associated software components; (ii) graphic and audio elements; (iii) Virtual Items; (iv) the Bacon Bandit Games website located at www.baconbanditgames.com (the "Site"); (v) social components (such as, but not limited to, on-line communities, forums, user-to-user communication, and chat rooms); (vi) online or electronic documentation; and (vii) other elements that may be added from time to time. By using the Games, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download or use the Games. Bacon Bandit reserves the right to update this Agreement at any time, by posting the most current version of the Agreement on the Site or within the Games, with a new Effective Date shown. All changes in the Agreement are effective as of the Effective Date. Your continued use of the Games after we post any changes to the Agreement signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must immediately stop using the Games. Your use of the Games is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Bacon Bandit. The Games and all associated components are licensed, not sold. You must be at least 13 years of age to access and use the Games. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE GAMES, AS DETAILED BELOW. 1. Grant of License Welcome to our games! The Games are licensed to you by Bacon Bandit for personal use on your mobile smartphone device or other authorized devices. All other uses are prohibited. 2. Linked Account; Access 2.1. Your Linked Account. You need to link an account and download the Games through that account in order to use the Games. You may only link an account and use the Games if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an account with us in order for you to access and use the Games. You may link an account by connecting a third-party login (such as your Google Play or Apple App Store account) to the Games. 2.2. Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Any items or downloads associated with your linked account are only licensed to you and are not transferable. 2.3. Suspension of Access. We may, at our sole discretion, immediately suspend or terminate your access to the Games should your conduct, in our sole determination, fail to conform with this Agreement. 2.4. Data Charges. You agree that you are responsible for any internet data charges you incur through use of the Games. 3. User Conduct and Content 3.1. Conduct Policy. You are responsible for your conduct as a member of the Games’ communities and as a user of the Games. You agree that you will not engage in conduct or communication in connection with the Games which: o is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; 
 o is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; o constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam); o is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity; 
 o encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Games an uncomfortable experience for anyone; o restricts, inhibits, or discourages any other user from using the Games; o hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Game experience; 
 o violates any local, state, federal, or international laws or gives rise to civil liability; o violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right); o imposes an unreasonable or disproportionately large load on the Games or otherwise interferes with the Games; o is a "chain letter," or constitutes "junk mail"; o specifies or claims that that you are affiliated with Bacon Bandit when you are not, including without limitation an "Administrator," "Moderator," or any other employee or agent of Bacon Bandit; o requests account login information from other users; o "spoofs" (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts); o uses programs to "crack" the Games or other Internet security tools; o contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Games; or o anything else that Bacon Bandit, in its sole determination, deems harmful to the Games or to Bacon Bandit’s integrity or business. 
 3.2. User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the Site or the Games is generally known as "user generated content," or "UGC" for short. Your UGC includes any posts, uploaded or shared audio, video, or images, or comments posted on any of the Site’s chats, forums, comments sections, or other public and non-public venues. By posting UGC, you represent (i) that you are the owner of the UGC or have all of the necessary rights to share the content, and (ii) give Bacon Bandit permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. This will include, for example, permission to make your UGC available through the Site to other users or to use it in our advertising. You are granting to every other user of the Site unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes. 3.3. Appropriateness of Content. You agree that some content may not be appropriate for sharing on the Site, including content that does not meet Bacon Bandit’s community standards. The decision of what is and is not appropriate is at Bacon Bandit’s sole discretion. YOU AGREE THAT BACON BANDIT HAS THE RIGHT TO DISABLE ANY UGC, CONTENT, OR LINK THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU. 3.4. Discoverability of UGC. Bacon Bandit does not guarantee the privacy of any UGC. If you post any UGC on the Site, post a reply to another user’s UGC, or interact with the Site or Games in any way, it may potentially be visible to anyone. 4. Virtual Items 4.1. Purchase of Virtual Items. Virtual goods, downloadable content, Game enhancements and modifications, and virtual "tokens" or currency (collectively, "Virtual Items") may be offered for purchase through the Games, through associated websites or marketplaces, through in-app purchases via your linked account, or may be earned through gameplay. Your election to make a purchase with real currency will be an offer to Bacon Bandit to purchase a license to the Virtual Items at the prices and on the terms set forth in the Games or other point of purchase. 4.2. Your Rights in Virtual Items. You agree that you have no right or title in or to any Virtual Items. Bacon Bandit does not recognize any purported transfers of Virtual Items outside of the Games, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Games. Virtual Items that may be originally acquired by "farming" are subject to confiscation by Bacon Bandit. 4.3. No Sale of Virtual Items. You may not sell Virtual Items for "real" money, or exchange those Virtual Items for value outside of the Games. To be clear, Virtual Items have no real-world value and are licensed, not owned. 4.4. Refunds of Virtual Items. Under certain circumstances and at Bacon Bandit’s sole discretion, refunds may be given for certain Virtual Item purchases. Requests for refunds may be made through the Games or by contacting contact@baconbanditgames.com. Except in the event that Bacon Bandit approves of a refund at their sole discretion, all sales are final when the transaction has been processed. 4.5. Third-Party Payment Processors. Any dispute arising between you and any third-party payment processer (including a platform holder, such as Apple or Google, a bank, or credit card company) (each, a "Third-Party Provider") will be resolved directly between you and that Third-Party Provider. Under no circumstances will Bacon Bandit be liable for any obligations incurred by you to that Third-Party Provider in connection with the Games. You agree to indemnify, defend and hold harmless Bacon Bandit, its licensors, affiliates, employees, officers, and directors from and against all liabilities, losses and expenses, including reasonable lawyers’ fees, arising from any Third-Party Provider claim relating to or arising from your access to or use of the Games. 5. Game Content 5.1. Access to Content. Game content, including yours and other users’ UGC, Bacon Bandit content, and all other text, videos, images, audio, and other content contained within the Games (the "Content"), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the Games and as permitted under this Agreement. You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Bacon Bandit or the respective licensors of the Content, except as permitted under this Agreement. Bacon Bandit and its licensors reserve all rights not expressly granted in and to the Games and the Content. 5.2. Exposure to Content. You understand that when using the Games, you may be exposed to Content from a variety of sources, and that Bacon Bandit is not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand that Bacon Bandit is not responsible for the conduct of any user of the Games. You understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. 5.3. Advertising. The Games may be supported by advertising revenue and may display sponsored advertisements and promotions within the Games. You understand that when using the Games, you may be exposed to those advertisements and promotional materials, either on their own or in conjunction with your UGC and other users’ UGC. The way these materials are presented to you, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such. 6. Other Rights and Limitations 6.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Games. 6.2. Distribution. The license granted under this Agreement is non-transferable. The Games are licensed for your use only and only on a mobile smartphone device or other authorized device. You may not distribute the Games to any third party. 6.3. Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the Games, or take any steps to recreate or recover the source code of the Games. 6.4. Support Services. Bacon Bandit may, in its sole discretion, provide you with support services related to the Games ("Support Services"). Bacon Bandit is not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be a default of Bacon Bandit under this Agreement. Support for the Games may be reached via email at contact@baconbanditgames.com. 6.5. Compliance with Applicable Laws. You agree to fully comply with all applicable laws regarding your use of the Games. 7. Term, Termination, Modification of Terms of Use The term of this Agreement begins when you first download or access the Games, and continues for as long as you have any copies of the Games in your possession or control. Without prejudice to any other of its rights, Bacon Bandit may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you. For example, Bacon Bandit may elect to terminate this Agreement if Bacon Bandit, in its sole determination, discontinues the Games, stops supporting or maintaining the Games, ceases to provide updates, no longer offers the Games for license, or believes you have failed to comply with the terms and conditions of this Agreement. In the event of termination, (i) no refunds will be made, except in individual circumstances and at Bacon Bandit’s sole discretion; and (ii) you must promptly destroy, uninstall, or delete all copies of the Games in your possession. If modification of the Agreement by Bacon Bandit materially affects your rights in connection with the Games, as determined by Bacon Bandit in its sole determination, Bacon Bandit may, but is under no obligation to, notify you by sending an email message to your last email address known to Bacon Bandit or through the Games. Bacon Bandit has no liability if you do not receive Bacon Bandit’s notification. Termination of this Agreement can only occur after the deletion of all copies of the Games in your possession, and by deleting your account, if any, by notifying us at contact@baconbanditgames.com. 8. Links The Games, or third parties (including advertisers or other Game users), may provide links within the Games to other websites, apps, content, or resources (the "Linked Services"), which are not maintained by, or related to Bacon Bandit or the Games. Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with Bacon Bandit. Bacon Bandit has no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service. Because of this, you acknowledge and agree that Bacon Bandit is not responsible for the availability of such links, resources, and content, and that Bacon Bandit does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that Bacon Bandit is not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services. Your conduct and business dealings between you and any third parties found through the Games are solely between you and that third party. 9. Bacon Bandit Copyright and Trademark As between you and Bacon Bandit, all rights in and to the Games and any copies of the Games, are owned by Bacon Bandit. As between you and Bacon Bandit, all title and intellectual property rights in and to the Content which may be accessed through use of the Games is the property of Bacon Bandit or its respective rights holders and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except in and in connection with the Games, as set forth in this Agreement. All rights not expressly granted are reserved by Bacon Bandit. The "Tap Tap Dig" and "Letter Quest Remastered" names and logos are the exclusive trademarks of Bacon Bandit, and may not be copied or used, in whole or in part, without Bacon Bandit’s prior written permission. 10. No Warranties Bacon Bandit expressly disclaims any warranty in, to, or for the Games. The Games are provided "As Is," without any express or implied warranty of any kind. TAP TAP DIG AND LETTER QUEST REMASTERED EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR OPERATION OF THE GAMES. Bacon Bandit does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Games. Bacon Bandit makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Bacon Bandit further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Games. Bacon Bandit cannot guarantee the integrity of the Games or that they will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Games are loaded and operating. 11. Limitation of Liability IN NO EVENT WILL BACON BANDIT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAMES, OR THE USE OR INABILITY TO USE THE GAMES BY ANY PARTY THAT MAY HAVE ACCESS TO THE GAMES BY OR THROUGH YOU, EVEN IF BACON BANDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. BACON BANDIT HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, UGC, THE CONTENT OF THE GAMES, OR ANY PART OF THE GAMES, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. The limitation of liability set forth here may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law. Bacon Bandit has NO LIABILITY with respect to any third-party content, including but not limited to advertisements, videos, images, or other content displayed as part of the Games. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TAP TAP DIG OR LETTER QUEST REMASTERED FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100 CAD. 12. Indemnification You agree to indemnify and hold Bacon Bandit, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Agreement by you, including any use of UGC or Content other than as expressly authorized in these Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Games. 13. Digital Millennium Copyright Act If you are a copyright owner or their agent, and believe that any content in the Games infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; o Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail; o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent may be reached by physical or electronic mail at the following addresses: Bacon Bandit Attn: Copyright Agent 1918 St. Regis Blvd. Dorval, QC, Canada, H9P 1H6 Email: contact@baconbanditgames.com 14. Privacy Policy Your privacy is important to us. In an effort to preserve your privacy, Bacon Bandit agrees that it will treat any personally identifying information that you submit through the Games in accordance with the terms outlined in its Privacy Policy, located at http://www.baconbanditgames.com/privacy. 15. Dispute Resolution and Governing Law The Games are developed and distributed from Bacon Bandit Games in Canada. They can be accessed from various countries all over the world. Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of the Province of Manitoba. Subject to Section 16 below, you agree to submit to the exclusive jurisdiction of the courts of the Province of Manitoba to resolve all disputes arising from or related to this Agreement. 16. Binding Arbitration 16.1. Binding Arbitration. Any and all disputes arising out of these Terms, including its performance, breach, enforcement, existence or validity, which cannot be amicably resolved, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Winnipeg, in the Province of Manitoba, in English and governed by Manitoba law pursuant to the Arbitration Act, 2013, C.C.S.M. c. A120, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who has experience in the games industry in Canada and is independent of either party. 16.2. Arbitration Fees. All fees and costs of the arbitration will be apportioned according to the decision of the arbitrator. 17. California Residents: General Release If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), 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." 18. Miscellaneous Terms 18.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Bacon Bandit and governs the terms and conditions of your use of the Games, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bacon Bandit with respect to the Games. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use certain elements of the Games, advertiser services, third-party content, or third-party software. 18.2. No Waiver. The failure of Bacon Bandit to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Bacon Bandit must be in writing and signed by an authorized representative of Bacon Bandit. 18.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect. 18.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 18.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions. For any questions, or to report any violations of this Agreement to Bacon Bandit, please email us at contact@baconbanditgames.com.