Honest Herbivore’ products and services (collectively “Products” and each individually a “Product”), including the game “Dapper Dash,” the “Dapper Dinos” NFT, and any other games services, or applications released by Honest Herbivore are copyrighted works belonging to and provided under license by Honest Herbivore LLC. These Terms of Service (“Terms”) govern your access to and use of the Products. Please read these Terms carefully, and contact us if you have any questions. By using our Products, you agree to be bound by these Terms and by our Privacy Policy.

BY INSTALLING, USING OR OTHERWISE ACCESSING A PRODUCT, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS ANY PRODUCT. USE OF EACH PRODUCT IS VOID WHERE PROHIBITED. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT.

ACCESS TO OUR PRODUCTS
‍You may use our Products only if you can form a binding contract with Honest Herbivore, and only in compliance with these Terms and all applicable laws. Certain features of the Products may require you to register for an account and provide certain information about yourself as prompted by the account registration form. When you create your Honest Herbivore account, including signing up to play by using a Facebook account or other third party authentication, you must provide us with accurate and complete information and you represent and warrant to us that any information you provide is accurate.
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Any use of or access to our Products by anyone under the age of 13 is prohibited. If you are over the age of 13 and under the age or 18, you must have parental consent to access or use any of our Products. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Each of our Products is software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade this Product, and these Terms will apply to such upgrades – these automatic upgrades may be disabled in your device’s settings, but doing so may cause the Product not to function properly.

During the Account creation process, you may be required to select a password (“Login Information”). If you are using Facebook to play Honest Herbivore products, Honest Herbivore does not collect or store your Facebook password. You shall not share the Account or the Login Information for your Product account, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. If you choose to create an account using Facebook or to play the game on Facebook, you shall not share the Account or Login Information for your Facebook account, nor let anyone else access your Facebook account or do anything else that might jeopardize the security of your Facebook Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Honest Herbivore and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Product, whether in whole or in part, or any content displayed in a Product; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Product; (c) you shall not access any Product in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of any Product may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of a Product shall be subject to these Terms. All copyright and other proprietary notices on any Product (or on any content displayed on such Product) must be retained on all copies thereof.

We reserve the right, at any time, to modify, suspend, or discontinue any Product (in whole or in part) with or without notice to you. You agree that Honest Herbivore will not be liable to you or to any third party for any modification, suspension, or discontinuation of any Product or any part thereof.

You acknowledge and agree that Honest Herbivore will have no obligation to provide you with any support or maintenance in connection with any Product unless expressly stated to the contrary in any documentation provided with such product.

Excluding any User Content that you may provide (defined below), you acknowledge that all rights, title and interest in and to each Product (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using any Product are owned by Honest Herbivore or its suppliers or licensors. Neither these Terms (nor your access to any Product) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above. Honest Herbivore and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You acknowledge that nothing herein shall be interpreted as restricting Honest Herbivore’ rights to use your User Content in connection with a Product or to aggregate any User Content with other data for use by the Honest Herbivore. As between you and Honest Herbivore, all rights in and to the aggregated data belong to Honest Herbivore.

HOW Honest Herbivore CAN USE YOUR CONTENT AND DATA
‍“User Content” means any and all information and content that a user submits to, or uses with, any Product (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You grant Honest Herbivore a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content and User Data on Honest Herbivore’ products, servers, databases, and systems solely for the purposes of operating, developing, providing, and using the Honest Herbivore’ Product. Nothing in these Terms shall restrict other legal rights Honest Herbivore may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. Honest Herbivore is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

HOW LONG WE KEEP YOUR CONTENT AND DATA
‍Following termination or deactivation of your account, or if you remove any User Content or data from Honest Herbivore’ Product, we may retain your User Content. Furthermore, Honest Herbivore and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Honest Herbivore’ Product. Honest Herbivore is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

OUR PRIVACY VALUES
‍We value your privacy and believe in transparency to how we use your information. For more information on how Honest Herbivore collects and uses personal information, please review our Privacy Policy.

BANNING
‍Honest Herbivore reserves the right to ban any users from accessing, playing, or using its Products, including its games, for violating these Terms, for violating its Harassment Policy or Acceptable Use Policy, for cheating, and for any reason not aligned with our company goals. Cheating includes temporarily altering code or injecting code in your browser using your browser’s console in order to manipulate or attempt to manipulate game data as well as creating fake accounts on Facebook. These actions are not only a violation of our terms, but a violation of the terms of our 3rd Party Providers and will get you banned. Should your account be banned for any of the aforementioned reasons, Honest Herbivore is under no obligation to and will not refund any costs you have incurred while playing our games or using our Products.

NO TOLERANCE HARASSMENT POLICY
‍Honest Herbivore has a no-tolerance policy for harassment of its employees, partners, users, customers, and players. If you are found to be harassing any employee, partner, other user, customer, or player using our Products, our social media channels, or using our e-mail accounts, Honest Herbivore can and will ban you from using the applicable Product, ban you on social media, and prevent you from accessing our other or our future Products. In extreme cases, Honest Herbivore will consider all available remedies, including contacting local authorities. Harassment includes:
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Using Content from our Product, the likeness of our employees, partners, other users, names, other users’ Content, IP, and Product images, in a context that is defamatory, slanderous, offensive, or considered gender or racial slur.

Spamming our social media channels with content that is unrelated to the Products we create and our company mission of creating games for diverse audiences and to be played by diverse people.

ACCEPTABLE USE POLICY
‍You agree not to use any Product to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party or our Harassment Policy.
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In addition, you agree not to: (i) upload, transmit, or distribute to or through any of our Products any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through any Product unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use any Product to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to any Product (or to other computer systems or networks connected to or used together with the Products), whether through password mining or any other means; or (vi) use software or automated agents or scripts to produce multiple accounts on any Product, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) any Product (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from this site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).

FEEDBACK YOU PROVIDE
‍We value hearing from our users, and are always interested in learning about ways we can make Honest Herbivore more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Honest Herbivore does not waive any rights to use similar or related Feedback previously known to Honest Herbivore, or developed by its employees, or obtained from sources other than you.

COPYRIGHT POLICY
‍Honest Herbivore respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent can be reached at info@megacatstudios.com.

VIRTUAL GOODS AND MONEY
‍Our games may include virtual consumable virtual goods such as crystals, poofs, lives, amulets or other items or services for use with our Games (“Virtual Goods”). Some Virtual Goods can be exchanged in the game of other Virtual Goods as virtual currency (“Virtual Currency”) If you are over 18 years old you may be able to buy Virtual Goods or Virtual Currency. You agree that once purchased Virtual Goods and Virtual Currency have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Goods or Virtual Currency only from us, and not from any third party. You agree that Virtual Goods and Virtual Currency are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods or Virtual Currency to anyone else. Virtual Currency is not currency. Virtual Currency has no cash value.
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You do not own Virtual Goods or Virtual Currency but instead you purchase a limited personal revocable license to use them – any balance of Virtual Goods or Virtual Currency does not reflect any stored value.

You agree that sales by us to you of Virtual Goods or Virtual Currency are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Currency from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Currency to you promptly once your purchase is complete and therefore your right of withdrawal is lost. For the purposes of this paragraph, a “purchase” is complete at the time our payment processors’ servers validate your purchase and the applicable Virtual Goods or Virtual Currency are successfully credited to your account on our servers.

If you live in the European Union, we will provide you with a VAT invoice only if we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

We reserve the right to control, regulate, change or remove any Virtual Goods or Virtual Currency. We may revise the pricing for Virtual Goods or Virtual Currency offered through the Products at any time. We may limit the total amount of Virtual Goods or Virtual Currency that may be purchased at any one time, or limit the total amount of Virtual Goods or Virtual Currency that may be held in your account in the aggregate. You are only allowed to purchase Virtual Goods or Virtual Currency from us or our authorized partners through the Products, and not in any other way.

Depending on your platform, any Virtual Goods purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

When you purchase items via our mobile apps (such as those you can purchase in the App Store, on Facebook or on Google Play) we do not collect or store any payment information from you.

If we suspend or terminate your account in accordance with these terms you will lose any Virtual Goods and Virtual Currency that you may have and we will not compensate you for this loss or make any refund to you.

SECURITY
‍We care about the security of our users. While we work to protect the security of your content and account, Honest Herbivore cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by e-mailing info@megacatstudios.com with the subject “Security.” Please provide your User ID. Your User ID can be found in “Coffee Crisis,” “Bite the Bullet,” “Log Jammers,” “Little Medusa,” “Creepy Brawlers,” “Lethal Wedding,” “Old Towers,” and in “Phantom Gear” in the games’ Settings.

THIRD PARTY LINKS AND ADS, OTHER USERS
‍Our Product may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Honest Herbivore. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Honest Herbivore, you do so at your own risk and you agree that Honest Herbivore will have no liability arising from your use of or access to any third-party website, service, or content.

DISCLAIMER
‍The Product and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied.
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Honest Herbivore SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

LIMITATION ON LIABILITY.
‍TO THE MAXIMUM EXTENT PERMITTED BY LAW, Honest Herbivore SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Honest Herbivore’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

DISPUTE RESOLUTION
‍For any dispute you have with Honest Herbivore, you agree to first contact us and attempt to resolve the dispute with us informally by reaching out to info@megacatstudios.com. If Honest Herbivore has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration under the rules of Judicial Arbitration and Mediation Services (“JAMS”). Unless you and Honest Herbivore agree otherwise, the arbitration will be conducted in Atlanta, Georgia. The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules..
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All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Honest Herbivore ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

These Terms shall be governed by the laws of the State of Georgia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court or the United States District Court located in Atlanta, Georgia for any actions not subject to Arbitration.

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate for use in other locations. Additionally, we make no representations that they are available for use outside of the United States, except for in select territories where they have been made available to users on the platforms where our games are served.

NOTIFICATION PROCEDURES AND CHANGES TO THESE TERMS
‍Honest Herbivore reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Product after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Product.

ASSIGNMENT
‍These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Honest Herbivore without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

ENTIRE AGREEMENT / SEVERABILITY
‍These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Honest Herbivore in connection with the Product, shall constitute the entire agreement between you and Honest Herbivore concerning the Product. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

NO WAIVER
‍No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Honest Herbivore’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

APPLE DEVICE AND APPLICATION TERMS.
‍If you are accessing one of our Products via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:
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Both you and Honest Herbivore acknowledge that these Terms are concluded between you and Honest Herbivore only, and not with Apple, and that Apple is not responsible for the Application or the content therein;

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Application;

You will only use the Application in connection with an Apple device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;

Both you and Honest Herbivore acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Apple and Honest Herbivore, be Honest Herbivore’s sole responsibility;

Both you and Honest Herbivore acknowledge that., as between Honest Herbivore and Apple, Honest Herbivore, not Apple, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

Both you and Honest Herbivore acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Honest Herbivore, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

Both you and Honest Herbivore acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

Both you and Honest Herbivore acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.

Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

COPYRIGHT / TRADEMARK INFORMATION.
‍Copyright © 2018 Honest Herbivore, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

CONTACT INFORMATION
‍Terms of Service Inquiries: info@megacatstudios.com.

‍This privacy policy (“Policy”) describes how Honest Herbivore LLC collect, use and share personal information of users of this site or our Products. Any capitalized terms not otherwise defined in this Policy have the meaning assigned to them in our Terms of Service. We use common industry standards to safeguard the data we collect. This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.
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We do not collect, process or store any personal data from our games. On macOS, iOS, and tvOS, our games collect non-personal data using integrated Apple services for achievements, leaderboards and cloud saves such as Apple iCloud and GameCenter. Such data is stored in these Apple services. We do not store personal or gameplay data on our servers. These services have their own privacy policies. Our games collect, use, and disclose non-personal data from underage users in the same way as for other users, as described in this policy. Use of underage users’ data is limited to supporting internal operations of the game. Parents can learn more about how we handle data by contacting us at the email address below. We don’t use any in-app purchases and we don’t place any advertisements in our games.

WHAT WE COLLECT
‍We get information about you in a range of ways.
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Information You Give Us. If you provide them to us, we may collect your name and email address. We also collect any other information you directly give us in our Products.

Facebook. If you register for use of one of our Products through Facebook, we may collect from Facebook your‎ name, email address, birthday, friends list, profile picture, and Facebook unique installation ID.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from the Products.

Information Automatically Collected. We automatically log information about you and your device. For example, when using our Products, we log your device’s operating system type, language, device type, browser type (where applicable), your behavior in the game (if applicable), and purchasing behavior. When using our site, we may collect information about the website you visited before browsing to our site, items you viewed, and how long you spent on a particular item. On either our site or in our Products, we or third party partners may collect access times, and information about your use of and actions on our Products. In certain Products, we or our third party partners may also collect your mobile device’s IMEI or Advertising IDs (such as DeltaDNA’s IDFA or IFA). While we can’t control third parties, we do use a third party, ironSource Mobile, Ltd, which uses information collected directly from you through their SDK and/or information provided to them by a third party ad network (for a full list please visit this link). You can send them a request to gdpr-request@ironsrc.com asking them to delete your information on their side, subject to verification of your identity.

Cookies and Persistent Tracking. On our website, we may log information using “cookies” tracking pixels or other persistent tracking technologies. Cookies are small data files and tracking pixels are small image files. Both are stored on your device by a website, app or service. In our Products or on our website, we may use these or other types of persistent data trackers that track user activity across multiple platforms or sites, however, we do not use persistent data trackers in any products labeled as “kid’s” or “children’s”. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) or other tracking technologies (such as pixel trackers). This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.

MegaCatStudios.Com Cookie Declaration. Cookies are small data files and tracking pixels are small image files. Both log information about your user behavior.

USE OF PERSONAL INFORMATION
‍We use your personal information to:
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• operate, maintain, and improve our sites, products, and services.
• process and deliver contest entries and rewards.
• respond to comments and questions and provide customer service.
• send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
• link or combine user information with other personal information.
• protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
• to enforce our Terms of Use; and
• provide and deliver products and services customers request.

We may also use Advertising IDs or share them with third parties who may use them to:
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• serve advertisements within an app,
• attribute installs to a previously served ad,
• attribute a post-install action such as X number of launches, a subscription, or an in-app purchase.

SHARING OF PERSONAL INFORMATION
‍We may share personal information:
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With your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies. With those who need it to do work for us, including, without limitation, providers of in app advertising (if any) such as DeltaDNA. Any information shared with DeltaDNA will be subject to the DeltaDNA privacy policy.

When we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

For legal, protection, and safety purposes, including, but not limited to (i) comply with laws, (ii) respond to lawful requests and legal processes, (iii) protect our rights and property or that of our agents, customers, and others (including enforcing our agreements, policies, and terms of use), and (iv) in an emergency (this includes protecting the safety of our employees and agents, our customers, or any person).

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION COLLECTED FROM CHILDREN
‍We do not knowingly collect personal information from children without parental consent. Users must be 13 years old or older to use the Service, and users under 18 must have parental consent. If we learn that we have inadvertently obtained information from a child, or done so without parental consent, we will promptly delete the information.THIRD PARTY SITES AND SERVICESThe Service may contain links to third-party websites, products or services. The Service may also offer content from third parties. Information collected by third parties is governed by those third party’s privacy policies.

LOCATION OF SERVERS
‍Our servers are located in the United States of America. If you are accessing the site and service from outside the United States, please be advised that through your continued use of the site or service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and the maintenance and processing of such information in the United States.

INFORMATION CHOICES AND CHANGES
‍Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at info@megacatstudios.com. If you would like to have your game data removed please e-mail info@megacatstudios.com with your game user ID in the subject header.

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.

This PRIVACY POLICY FOR CALIFORNIA RESIDENTS (“California Privacy Policy”) supplements the information contained in the Privacy Policy of Honest Herbivore LLC and its affiliated entities (“Honest Herbivore” or “we” or “us”) and applies solely to residents of the State of California (“consumers” or “you”). This California Privacy Policy applies to the website, mobile app, and electronic communications where it appears (the “Network”). Honest Herbivore LLC has adopted this California Privacy Policy to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and other California privacy laws.

The CCPA gives California residents the right to know what specific personal information, and categories of information, Honest Herbivore LLC holds and provides to others, and the right to have that information be deleted by Honest Herbivore LLC, subject to certain exceptions.

CATEGORIES OF INFORMATION THAT WE COLLECT AND CATEGORIES OF SOURCES OF SUCH INFORMATION
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The chart below shows the following categories of personal information about consumers that Honest Herbivore LLC has collected within the last 12 months and the categories of sources of such information:

Category of Personal Information Collected
Categories of SourcesIdentifiers, such as your name, address, phone number, email address, or other similar identifiers.

• Directly from you
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• Our business partners and affiliates
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• Third-parties you direct to share information with us
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• Commercial Information, such as your use of our services, products or services purchased, purchase history (whether from us and/or third-party sellers).
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• Directly from you
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• Data brokers
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• Social mediaPersonal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as consumer’s name, address, telephone number, credit card number, debit card number. Personal information in this category may overlap with other categories
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• Directly from youProtected Classification Characteristics, such as age, gender, religion, and disability information.

• Directly from youInternet/Network Information, such as your IP address, or browser or device information, browsing history, search history, and your interaction with a website, application, or advertisement.

• Your browser or deviceGeolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address.

• Your browser or deviceProfessional/Employment Information, such as your employing entity, business unit, manager and management reporting structure, job title, function and the nature of your duties and responsibilities.

• Directly from you

• Third-parties you direct to share information with usOther Personal Information, such as information you provide to us when interacting with us through social media, or comments and opinions you provide to us such as when you post on message boards, blogs or complete an online form.

• Directly from you

• Our business partners and affiliates

• Third-parties you direct to share information with us

• Information generated from your online browsing and usage activity
Other Financial Information, such as credit card number, bank account number, debit card number.

• Directly from you.Audio, electronic, visual or similar information, such as the recording of customer service calls and pictures of you.

• Directly from you.Social media information (which may include personal identifiers, photos, location, user generated content, demographic information). If you link your account or access our services through a third-party connection or log-in, we may have access to any information you provide to that social network depending on your privacy settings such as your name, email address, friend list, photo, gender, location, and current city; and information you provide to us directly through our pages on social networking and blogging platforms (e.g., Facebook, Instagram, YouTube, and Twitter).

• Directly from you

• Social mediaInferences, including information generated from your use of the websites reflecting predictions about your characteristics, behavior, attitudes, interests and preferences.

• Your browser or Device

• Information generated from your online browsing and usage activity

• Social media

• Data brokers Personal information, under the CCPA, does not include information that is publicly available from government records or deidentified or aggregated consumer information.

USE OF PERSONAL INFORMATION
We may use or disclose the personal information we collect for one or more of the following business purposes:

• Performing services you have purchased from or contracted for with us, including maintaining or servicing accounts, as well as providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;

• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;

• To contact and communicate with you about our products and services, and your relationship with us, and to respond to your questions and other communications;

• To personalize and improve your experience of our Network and to deliver content and product and service offerings relevant to your interests, including targeted offers including sending promotional information about our products, services, competitions and giveaways;

• To personalize and customize your experience on our Network through ads;

• For internal record keeping and administrative purposes;

• To better understand the demographics of our users;

• To prevent fraud and ensure the protection of the rights, property security, and safety of our customers or others, our company and our Network;

• To recognize you and remember your information when you return to our Network and services;

• To assist you in sharing content from our services, or your experiences on our services, with your friends, followers or contacts on a social network;

• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

• For testing, market research, analysis and product development, for instance we may send you information about new features on our Network, new services we offer and special offers;

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, as well as to resolve any legal disputes; and/or To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Honest Herbivore LLC is included in the assets being transferred.

Honest Herbivore LLC will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

DISCLOSING PERSONAL INFORMATION TO A THIRD-PARTY FOR A BUSINESS PURPOSE
Honest Herbivore LLC discloses your personal information to third-parties for business purposes. When we disclose personal information, we enter an agreement that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except in performing the agreement. We provide your personal information for a business purpose to the following categories of third-parties:
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• Our affiliates Service provider
• Our joint marketing partners
• Our business partners
• Social media networks
• Third-parties to which you authorize Honest Herbivore LLC to disclose your personal information
• Third-party marketing partners
• Government entities, including law enforcement

We do not sell personal information as the term is traditionally understood, versus the definition under the CCPA — for example, we do not exchange for money personal information to data brokers or third-parties for their marketing purposes independent of us. In the previous 12 months we have “sold,” as such term is used in the CCPA, the following categories of personal information:

In the previous 12 months, we have disclosed all of the categories of personal information we collect, explained in the table above, to third-parties for a business purpose.

YOUR RIGHTS AND CHOICES
The CCPA provides California residents (consumers) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Access to Specific Information, Categories of Information and Reasons for Collecting (Right to Know)

You have the right to request that we disclose the following information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months. Specifically, you have the right to request the following:

• The categories of personal information we collected about you
• The categories of sources of the personal information we collected about you
• The specific personal information we collected about you
• The categories of personal information we disclosed for a business purpose
• The categories of third-parties to which we disclosed your personal information for a business purpose
• Our business or commercial purpose for collecting your personal information

Right to Request Deletion (Right to Delete)

Subject to certain exceptions, you have the right to request that we delete any or all of your personal information that we collected from you and retained over the past 12 months. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. You may request Honest Herbivore LLC to delete only a portion of your personal information.

If you submit a verifiable consumer request for Honest Herbivore LLC to delete your personal information, we will ask you to confirm your request before deleting the information.

We may deny all or part of your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated based on our ongoing business relationship with you, or otherwise perform our agreement with you

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities

• Debug products to identify and repair errors that impair existing intended functionality

• Exercise free speech or ensure the right of another consumer to exercise their right of free speech or other right provided for by law

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Honest Herbivore LLC.

• Comply with law or a legal obligation

• Otherwise use your personal information internally, in a lawful manner that is compatible with the context in which you provide the information.

• As otherwise permitted under the CCPA.

As required by the CCPA, unless otherwise required by applicable law or regulation, Honest Herbivore LLC will not at any time disclose any government-issued identification number.

DO NOT SELL MY INFO
You may request that Honest Herbivore LLC not sell your personal information. To do so, please submit a verifiable consumer request in any of the following ways:
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• Go to our request webform at https://www.megacatstudios.com/pages/ccpa-form

HOW TO REQUEST TO KNOW YOUR PERSONAL INFORMATION OR REQUEST DELETION OF YOUR PERSONAL INFORMATION
To use the access and deletion rights described above, please submit a verifiable consumer request in any of the following ways:
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• Go to our request webform at https://megacatstudios.com/pages/ccpa-form

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf (an authorized agent) may make a verifiable consumer request relating to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

HOW Honest Herbivore LLC WILL VERIFY A CONSUMER REQUEST
You may only make a verifiable consumer request twice within a 12-month period. Your verifiable consumer request must:
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• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or the authorized agent of that person, or you are the parent or guardian of a minor child about whom we have collected personal information, and that any authorized agent is authorized to make the request on your behalf; and

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Honest Herbivore LLC must be able to verify your identity, or if you are an authorized agent, your authority to make a request on behalf of a consumer, to be able to respond to your request or provide you with personal information. If you are the parent or guardian of a minor child for whom you wish to make a request, then you will be asked to certify as to that relationship.

Making a verifiable consumer request does not require you to create an account with us. We will use personal information provided in a verifiable consumer request only to verify the requestor's identity or authority to make the request.

To verify your identity, we will request information that is generally provided when interacting with us such as name, address, email address and/or information regarding previous purchases from us.

RESPONSE TO A VERIFIABLE CONSUMER REQUEST
Honest Herbivore LLC’s policy is to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically. Any disclosures we provide will cover the 12-month period before Honest Herbivore LLC receipt of your request.

If we are unable to comply with all or a part of your request, a notice will be sent to you that explains the reasons we cannot comply with a request.

For responses to requests to know your personal information, we will present your personal information in a way that is readily useable, and provide it using reasonable security measures.

We do not generally charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. Pursuant to CCPA, if we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights.

• Denying you goods or services

• Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties • Providing you a different level or quality of goods or services

• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services

AUTHORIZED AGENTS
You may authorize a natural person or a business entity registered with the California Secretary of State to act on your behalf to make a request to know or to delete your personal information.To do so, you must (i) verify your identity to Honest Herbivore LLC and provide that authorized agent written permission to make such a request or (ii) provide the authorized agent with power of attorney pursuant to the California Probate Code sections 4000 to 4465.

The authorized agent must include those authorizations in the verifiable consumer request.

Minors Under Age 16We do not and will not “sell” the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.

California’s “Shine the Light” Law
In addition to the rights described above, California's "Shine the Light" law (Civil Code Section §1798.83) permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third-parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please send an email to info@megacatstudios.com. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this section.

Updates to This California Privacy Policy
We will update this California Privacy Policy from time to time. When we make changes to this California Privacy Policy, we will change the "Last Updated" date at the beginning of this California Privacy Policy. All changes shall be effective from the date of publication unless otherwise provided in the notification.

FOR MORE INFORMATION
If you have any questions or comments about this California Privacy Policy or any of the information it contains please do not hesitate to contact us at:

Email: info@megacatstudios.com