Now you can decorate your pet’s rooms on the Webkinz Mobile App– available for download or update in the Google Play and Apple App Store!

Use the HOUSE button to go to a room, and then tap the EDIT button to see your items! There’s also a NEW feature in the mobile app that allows you to touch and hold any item to switch into edit mode!

Once in edit mode, decorating is easy! Just drag items where you want them to go, and then tap the checkmark button to place it. To rotate an item, tap the same button you used to move. The remove button will send the item back to your Dock.

You’ll also be able to add new rooms and name them too, so you can build your pet’s house on the go! Looking for your food or clothing items? Like before, you’ll find them in the “Care” section of the app.

Please note: only room items will appear in your mobile room Dock. Items like gift boxes, coins, and other things that aren’t used to decorate the room will not appear on the mobile app for now, but you will still be able to access them on Webkinz.com.

We will be adding more item interactivity over the coming months. Right now your pets can use tables, chairs, and beds normally. And hopping into a bath launches the new mobile bath activity! Also we are going to add mini games to our mobile applications, namely casino online. Owners of their virtual pets, after playing with them, can switch to a more profitable occupation and try their luck on the Austrian gambling site – atlas | online casino 2017. Your pet will accompany you throughout the game and will not prevent you from winning.

We’ve also added some new doors to the underwater rooms on mobile—just the first step in several exciting new features we’re planning for the room!

Time to have fun decorating on the go! Download the Webkinz mobile app for your Android or Apple device and take your pets and their house with you everywhere!

The day is here! The official Grumpy Cat Webkinz™ pet is ready for your room! Pick up the plush at your favorite Webkinz retailer or get the virtual version at the Ganz eStore with a credit card.

This darling downer comes with a Bad-Tempered Tuna food item and a Crotchety Cat Bed!

Visit the Ganz eStore for more details on how to add Grumpy Cat to your Webkinz family!

To enter the Design Your Own Fish Contest, follow these 3 simple steps:

1. 
2. Draw your legendary fish and fill in the blanks to complete the story!
3. Go to the Share Center and submit your image to the Design Your Own Fish gallery!

Bobbin and Sinker have found an old and dusty book titled “Legendary Fish of Spring Bay”. Unfortunately, one page of the book was never filled out. That means there is legendary fish swimming in Spring Bay that Bobbin and Sinker have never seen before!

The last day to submit your legendary fish creation is on Sunday March 23th 2014 at 11:59PM EST.

Learn everything that there is about the Share Center here and you can read the full contest rules here.   

Don’t forget to check out Create Your Own Fish gallery on the Share Center to see all of the latest submissions!  

And a friendly reminder, please use the template provided.  You can use any art software program on your computer, or design by hand. Please submit your design to the Share Center gallery called “Design Your Own Fish!” (images posted on Facebook or anywhere else will not be considered).

On March 1st 2014 the brand new Webkinz™ Grumpy Cat toy will hit the shelves of your favorite Webkinz retailer!

Grumpy Cat comes with her own virtual Bad-Tempered Tuna food item to meanly munch on, as well as a Crotchety Cat Bed to curl up in!

Can’t wait for Grumpy Cat to crash the counters of your favorite store? Good news! Get the virtual Webkinz™ Grumpy Cat pet, plus the virtual Crotchety Cat Bed and the Bad Tempered Tuna, in the Ganz eStore starting on Valentine’s Day! Just don’t let this unfriendly feline ruin your romance!

You won’t be able to use eStore points to get Grumpy Cat, but the eStore has come up with a special way to purchase this prickly virtual pet with a credit card!

Stay tuned to Webkinz Newz for more details about Grumpy Cat’s arrival in Webkinz World.

If you didn’t know already, we recently added a few new avatars in the world shop; one of them was the soulful Charcow!  But what if you had the ability to design your own avatar?  What color or colors would your Zing be?  What patterns would your Zing have? The possibilities are endless!   We are very excited to present to you a new Share Center contest called Design a Zing!   We want to see your greatest Zing creation, so get your coloring pencils, markers, and paint palette out and design your own Amazing World Zing today!  The grand prize will be adding your virtual Zing in Amazing World!  Submission closes on Monday March 3rd 2014 at 11:59 PM EST!   To enter the contest all you have to do is follow these simple steps:

1. Download the zing template file (link is located at the bottom of this page)
2. Design it your way!
3. Go to the Share Center and submit your image to the Design Your Own Zing Gallery!
4. Be sure to rate other players’ entries while you’re there! However, the top-voted entries won’t necessarily win.

*Important note: Make sure you add a name to your AMAZING creation!   You can use any art software program on your computer, or you can print the template and design it with your enormous palette of colouring supplies!  Just remember to scan or take a photo of your design afterwards.   The finalist, selected by us, will have their image posted on the Amazing World Facebook fan page! The last day to submit your creation is by 11:59PM EST on Monday March 3rd 2014! Don’t forget to download the Zing Design Template! To save the image to your desktop: 

1. Click “Downlaod Zing Template”
2. Right click the image and select “Save image as…”

To print the image:

1. Click “Download Zing Template”
2. Right click the image and select “Print…”

  The Grand Prize Winner will be announced on Tuesday March 4th 2014!

Visit the Amazing World Create Your Own Zing gallery on the Share Center now!

You can read the full contest rules here.

And a friendly reminder, you have to submit your design to the Share Center gallery called “Design your own Zing!” (images posted on Facebook or anywhere else will not be considered).

Ganz is committed to being highly responsible in our approach to advertising and the advertisers we allow on this and other Ganz Websites (collectively and individually, the “Website”).  Although Ganz may adapt the Ad Policy from time to time, our current approach to advertising may be summed up as follows:

• Advertisers must represent quality, family-friendly products and services;
• Prizes that can be won from advertising initiatives will not be branded within the Website;
• We offer active Webkinz World users an easy-to-activate option of not viewing third party ads.

Ganz may allow other companies, called ad networks, to serve advertisements on the Website. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.  Such third parties advertising on the Website may use cookies and web beacons while serving ads to you:

(a)   Web beacons may be used to do analytics and research.  In particular, web beacons are electronic files that allow a website to count users who have visited that page or to access certain cookies;

(b)   A cookie is a small amount of data that may be stored on the hard drive within your browser.  Cookies may be used to “identify” a web browser and manage the ad serving process.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Check the “Help” menu of your browser to learn how to change your cookie preferences.  If Adobe Flash Cookies are used(when the served content contains video clips or animation, for example), you may need to access your Flash management tools from the Adobe website (www.adobe.com) directly. If you reject all cookies, you may not be able to take full advantage of all offerings, including products or services that require you to “sign in” to use.

All advertising content served on the Website must be approved by Ganz before appearing on it.  At the same time, Ganz reserves the right to unilaterally omit or cancel, following publication, those ads that violate our advertising standards outlined in this policy.

Furthermore, we have given active Webkinz World members an easy-to-activate option of not viewing third party ads within that Website.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads.  This blocks third party ads within the Website.  Please note that the option is not available to Free and Alumni Webkinz users but they may still be able to opt out of third party cookies by following the steps outlined by your web browser provider.  If, after users have selected to limit 3^rd party ads, they clear their computer’s cache and/or cookies, or access webkinz.com from another computer, they will need to limit 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page. If users do not select to limit 3^rd party ads again, 3^rd party ad campaigns within webkinz.com will still be limited.

Third party use of cookies and web beacons is subject to their own privacy policies.  Our Privacy Policy describes how we treat personal information.  In particular, Ganz does not provide any personal information to the advertiser when you interact with or view a third party ad on the Website.

Contests, sweepstakes and giveaways hosted on the Website may be sponsored or co-sponsored by Ganz, or may be sponsored by companies other than Ganz.  Third parties that host such promotions may collect and use your information in accordance with their own privacy policies.  We strongly recommend that you review their privacy policy before disclosing any personally identifiable information on the promotion registration form.

Information about your visits to this and other sites may be used over time to help predict your interest and select the ads you see.  Visit the Network Advertising Initiative (http://networkadvertising.org) to get more information on the choices you have about not having any information gathered about you online used to serve ads to your browser.

Trademarks

All character and game names, certain other names, graphic, logos, icons, designs, words, slogans, titles and phrases on the Service constitute registered and unregistered trademarks of Ganz, some of which are registered in the US and other countries (the ”Marks”). Such Marks are identified with an ® or ™ symbol, or a differentiating font style.

Some trademarks on this Website may be owned by other parties who have granted Ganz a licence to use their marks. These marks are identified with symbols other than those reserved for Ganz.

Copyright
© 2005-2013 GANZ. ALL RIGHTS RESERVED.

Any textual or graphic material you copy, print, or download from the Website is licensed to you by Ganz for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

Hello everyone!
Christmas is just around the corner and to celebrate, we have a bunch of GanzWorld rewards to add to our catalog! Available today you can deck your Webkinz World Kinzville map with a jolly snowman, or get an Arte bobblehead for your room.

Here are all the new reward items for Webkinz World:

Webkinz World eStore Items*

• Kinzville Jolly Snowman (Map Item)
• Kinzville Large Snowy Fir Tree (Map Item)
• Kinzville Mansion (Map Item)
• Bionic Belt
• Bobblehead Arte

*All eStore items are only here for a limited time!

But wait! We are not done yet…

Word around Kinzville is that Santakinz will be dropping off an additional set of GanzWorld Rewards items for Webkinz World on Wednesday December 11th!  So spread the word, and come back this Wednesday to see the additional Webkinz World items!

**UPDATE**

Santakinz dropped off 6 winter themed items to GanzWorld Rewards.   You can now buy the following with your Moneyz!

• Winterfest Fireplace Tools*
• Winterfest Guitar*
• Hickory Clock*
• Santakinz Dining Chair*
• Reindeer Slippers*
• Letter to Santakinz*

*seasonal items are only here for a limited time!

If you have a lot of Moneyz saved in your account, now is the best time to reward your Webkinz World pet! If you are short a few Moneyz, don’t worry about it because earning Moneyz is simple. You can earn GanzWorld Rewards Moneyz by reading articles, playing in the arcade, and participating in campaigns, quizzes, and polls, surveys and contests.

In addition, you can view all the current Webkinz World items available here.

Happy Shopping!

Last updated on November 4, 2013                           

Please note that all persons under the age of majority in their jurisdiction are required to have a parent or legal guardian read and accept the Terms of Use on their behalf and take full responsibility for compliance with the Terms of Use.

This document (“Terms of Use”), as amended from time to time, governs your use of any website (“Site”), and any online or mobile product or service (collectively and individually, the “Service”), on which the Terms of Use is posted, where such Site or Service is offered by Ganz, an Ontario partnership, located at One Pearce Road, Woodbridge, Ontario, L4L 3T2 Canada.  If you have any questions relating to the Site or Service, they can be sent to the attention of our Customer Service Representative at this address.  You may also contact Ganz by email at ganzworldsupport@ganz.com.

Unless stated otherwise, in each case, the Terms of Use are brought about for a single platform (e.g. a specific social network or operating system), and may cover one or more games.  Several Terms of Use may exist concurrently if the user plays Ganz-branded games on different platforms.  All supplemental terms and rules that apply to the Service, e.g. those regarding subscription-based services, on-line sales, rules for particular contests, social networking and other features and activities, form an integral part of the Terms of Use and are incorporated herein by this reference.

BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) MAY ACCESS OR USE THE SERVICE, READ THE FOLLOWING CAREFULLY.  BY CLICKING THE “I ACCEPT” BUTTON BELOW OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT SET UP AN ACCOUNT, PURCHASE A SUBSCRIPTION OR OTHERWISE USE THE SERVICE.  PLEASE PRINT A COPY OF THE TERMS OF USE FOR YOUR RECORDS.

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate websites and will go a long way toward ensuring that your children have enriching experiences online.

We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general.  You should regularly oversee the kids’ use of e-mail and other online communication and transactional features.

1. A.  AMENDMENTS

You understand that the Service is an evolving one.  Ganz may require that you accept updates to the Service accessed through the Site or installed on your authorized mobile device.  Ganz reserves the right to change, modify, add or remove portions of the Terms of Use, at any time, for any reason, with or without notice to you, or to do any of the following:

1. Modify, suspend or terminate operation of, or access to, any portion, applicable policies or terms, including hours or availability, features or functions of the Service;
2. Change any fees or charges, if any, related to your use of the Service;
3. Change the equipment, hardware or software required to use and access the Service; and
4. Interrupt the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Although the Service is accessible worldwide, the Service may not be available to all persons or in all geographic locations, or appropriate or available for use, outside Canada. You understand and agree that the Service is provided by Ganz and may be terminated or otherwise discontinued by Ganz at its discretion pursuant to the Terms of Use.  In particular, if you stop using the Service, we reserve the right to permanently erase your Account and everything associated with your Account, in-game currency balance or privileges that may have been licensed through the payment of money.  Currently, our policy is to terminate any Account that has not been active for eighteen months.

Ganz may find it necessary to update, or reset certain parameters to balance game play and usage of the Service.  These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or items under your control.  Ganz reserves the right to make these updates and is not liable to you for these changes.

Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, by electronic posting.  You agree to check the Terms of Use periodically for the new provisions that govern your use of the Service.  Your continued use of the Service following the posting of changes will mean that you accept and agree to them.

B. PRIVACY

Your privacy is important to us.  All information provided by you or collected by us in connection with your use of the Service will be collected and used in the manner described herein and pursuant to the terms of Ganz’s Privacy Policy (the “Privacy Policy”), where such Privacy Policy is incorporated and made a part of the Terms of Use by this reference.

You hereby acknowledge that Ganz has the right to obtain, without notification to you, (i) certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drive, central processing unit, IP address, and Internet browser for internal purposes; (ii) non-personal information from your connection to the Service for demographic purposes; (iii) information from your computer, software, and parts or portions thereof, including, without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” and/or “cheats” to gain advantage over other users. The information obtained will only be used as outlined in the Privacy Policy.

You expressly agree that we have the right, at all times, and in our sole discretion, to disclose any User Generated Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when we have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow us to satisfy any applicable law, regulation or governmental request; (c) to allow us to enforce  the Terms of Use, Privacy Policy or any other Ganz policy, (d) to protect our legal rights and remedies; (e) in other circumstances in which we believe that our Service is being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when we have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of Ganz, or for us to render the Service you have requested.

We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your use of the Service.  Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers are vulnerable to attack and cannot be guaranteed to be secure. 

C.  OTHER SITES

Through the Service, Ganz may provide links to other websites owned and/or operated by Ganz (collectively and individually, “Affiliated Site” and, in plural, “Affiliated Sites”) and other independent third-party websites.  Ganz is providing these links to you only as a convenience.  GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE OR THE AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.

The unaffiliated third-party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information.  These third-party sites may collect data or solicit personal information from you.  We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them.  Furthermore, the trademarks used in connection with such third party websites may not be trademarks of Ganz.  Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.

You understand that the Service may feature advertisements from Ganz or third parties.  Third party advertising service providers may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes.   Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs.  Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message.  Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.

We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.

Ganz’s disclosure of information for third party advertising is addressed in the Privacy Policy.  Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Site.

We have given users on webkinz.com (except Alumni and free users) an option of not viewing third party ads.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads.  This blocks all third party ads.  Please note that this option is not available to free or Alumni Webkinz users, but they may still opt out of third party tracking technologies by following the steps outlined above. Please note that if, after having opted out of 3^rd party ads, you clear your computer’s cache and/or cookies, or access webkinz.com from another computer, you will need to opt out of 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page.  If users do not opt out of 3^rd party ads again, they will still be opted out of any 3^rd party ad campaigns within webkinz.com.

Please note that, in some instances and geographical locations, you may not be able to either view or participate in ad-based activities due to conflicts with your system or internet provider, which are beyond our control.

1. D.    REGISTRATION

Subject to your agreement and continued compliance with the Agreement and any relevant Ganz Policy, Ganz grants you a non-exclusive, non-transferable, revocable limited licence to access the Service using Ganz supported web browsers or authorized mobile devices solely for your own non-commercial entertainment purposes.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.  You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.  By accessing or using the Service, including browsing any Affiliated Site or accessing a game, you accept and agree to the Agreement and Privacy Policy.  You may also be required to register an account on the Service (the “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, and/or have an account with the applications provider for your mobile device.

1. Your Account. Certain Content, as it is defined below, may be accessed and/or used by you without requiring registration or login.  In order to access and use other Content, you must sign up for an account (the “Account”).   Some part of the Service may be limited to users over the age of 18 (e-commerce transactions; games available through SNSs and on mobile devices).   You agree that you are entirely liable for all activities conducted through the Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GANZ. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.  You are responsible for any use of your credit card or other payment instrument (e.g. Facebook Credits) by minors.  If you have reason to believe that your Account with us is no longer secure, you must immediately notify us of the problem by e-mailing our Customer Service Representative.
2. Registration Process/Information.  You may register and set up an Account for free and should register all secret and feature codes (each, a “Code”) on the same Account.   At the time your Account is set up, you may be required to provide us with certain information about yourself, which may include personally identifiable information. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. You agree at all times to provide accurate, current and complete information about yourself as prompted by our registration form or otherwise. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and, at our sole discretion, to report you to the appropriate government authorities. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.

Free Accounts may have limited access to games, game environment, social networking and trading features available on the Service.  In order to receive full access to the Service, Free Account users must subscribe to the Service under one of the available subscription plans.

1. Passwords. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. Ganz will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.   We will use your username and password to identify you when you attempt to access the Service.

1. Screen Name.  As part of the registration process, you may be asked to select a screen name. We reserve the right to refuse to grant you or to terminate a screen name that:

(i)             impersonates someone else, including, without limitation, another user or a non playing character;

(ii)            is or may be

1. illegal;
2. protected by trademark or other proprietary right;
3. considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any screen name which is sexual in nature;

(iii)           is comprised of or includes any of the following

1. the name of a popular culture icon, persona or media personality, religious deity or figure, or your real name (e.g., “BarbaraWalters” or “JamesBond”);
2. the names (including “street” names) of any drug, narcotic or other criminal activity;
3. partial or complete sentences (e.g., “Iwillgetyou”);
4. gibberish (e.g., “Bgrewazx”);
5. “Leet” or “Dudespeak” (e.g., OMGnewb, xLOLx);
6. any rank and/or fantasy titles (e.g., “MajorDude” or “QueenKate”);
7. special characters (i.e., ASCII codes);

(iv)          is otherwise inappropriate, regardless of our software’s ability to disallow such screen names; and/or

(v)           which may mislead others to believe that you are affiliated with Ganz.

You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any screen name at any time and for any reason. If your screen name is canceled, and you wish to resume your use of the Service, you will need to re-register and obtain a new screen name.

1. Minimum Technical Requirements.  You understand and agree that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto. To make the Service experience more enjoyable, you will need, at a minimum,  high-speed Internet, monitor resolution of 1024×768, one of Windows XP, Vista or Mac OSX, Internet Explorer, Safari or Firefox, and Unity3D plug-in (available free online). These requirements may change and such changes will be posted on the Site and/or in the Terms of Use.  You and not Ganz shall be responsible for purchasing any necessary additional software and/or hardware in order to access the Service. If you download, access or use software through the Service, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable licence. Ganz keeps full and complete title to the Software and all Intellectual Property Rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

1. Beta Tests.  From time to time, Ganz may offer you the opportunity to review and evaluate one or more games prior to their commercial release for the sole purpose of evaluating the games and identifying errors.  This process is known as a “Beta Test”.  The beta games are provided for testing on an “as is” and “as available” basis and Ganz makes no warranty to you of any kind, express or implied, with respect to such beta games.  Furthermore, nothing herein shall be construed as granting you any rights or privileges of any kind with respect to the beta games. When playing some beta games, you may accumulate Virtual Items.  Such data may be erased when the testing phase is complete.  You understand and agree that the pre-release copy and all other Content provided to you by Ganz during the Beta Test are confidential and proprietary information owned by Ganz.  You agree as a condition of participating in a Beta Test to safeguard the pre-release Content and prevent its copying, reproduction or unauthorized access, disclosure or use.  Your obligation to keep the Beta Test Content confidential will continue until Ganz publicly distributes, or has otherwise disclosed it to the public, through no fault of yours.
   1. E.    CONTENT

All content offered by Ganz through the Service, including but not limited to games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animation, sound, musical composition, audio-visual elements, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design and appearance, (collectively and individually, “Content”) is owned, controlled or licensed by or to Ganz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada.   You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk.  Such Content is presented for entertainment and informational purposes only and is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice.

Subject to the Terms of Use and so long as you remain compliant with the Terms of Use, Ganz grants you a personal, non-exclusive, limited, fully revocable licence to use such Content in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post,  perform, display, create derivative works from, in any way exploit such Content or distribute it in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Ganz expressly permits in the Terms of Use. For clarification purposes only, a “derivative work based on” the Content is a work substantially similar, both in ideas and expression, to the Content. Similarity of ideas in the Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Content and the derivative works. Thus, if a work created by you or someone other than Ganz is likely to bring to mind the Content, then it is likely that such work is a derivative work of the Content, and as such may not be used for commercial purposes.

You may use information on Ganz products and services purposely made available by Ganz for downloading for your own personal, non-commercial use, provided that you agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary right notices affixed to such Content, or block visual elements adjoining such Content. Without limiting the generality of the Terms of Use, you shall not use any Content on any other website or network computer environment or in a manner that suggests an association with any of our Services or Ganz itself, or in a manner that disparages us.

Ganz reserves all rights in Ganz-owned and licensed Content that are not expressly granted to you in the Terms of Use.  Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.

We take great care and pride in creating the Service and Content posted on the Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will fix them.   Unfortunately, your home computer and/or mobile device may cause some glitches that effect how you see our Service and that is beyond our control.

If you experience any unusual behavior, content or ads on the Service, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Service is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Service and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser);
• Install a SpyWare Removal Tool to clean your computer of Malware, e.g.  Spybot Search and Destroy or AdAware;
• Install antivirus software;
• Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact our Customer Service team.

1. F.   SALES POLICY

From time to time, Ganz may offer, for “real world” money, licences to use (a) “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; (b) “virtual  in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services . You may also be able to obtain a licence to use eStore Items by redeeming third party virtual currency such as Facebook Credits.

You understand that, while at times you may “earn”, “buy” or “purchase” Virtual Items, these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of virtual currency do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited licence to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited licence referred to in the Terms of Use is a completed transaction upon receipt of your direct payment or redemption of a Ganz game card or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence.

All matters related to online purchases completed on the Service shall be governed by the Ganz eStore user agreement and privacy policy.  eStore Points deposited to your Account do not expire and cannot be transferred or refunded.  You are responsible for managing the eStore Points balance on your Account.  Ganz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Ganz in writing.  Accordingly, you may not sublicense, trade, sell, or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the game, without Ganz’s permission.  Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Where offered, you may place an order for Virtual Items by visiting the purchase page in the game and following the applicable rules. When you place an order, we may send you a confirmatory e-mail that will contain details of your order. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Ganz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Ganz is not a party to that transaction.

For Virtual Items, your order will represent an offer to us to acquire a licence which will be accepted by us when we make the Virtual Items available in your Account for you to use in our games or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from Ganz, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you order Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your order is placed with us.

1. In-Game Currency and Game Points. In-game currency is not a real currency or any type of financial instrument but rather a virtual token representing contractual permission from Ganz to access various features of the Service.  In order to obtain the in-game currency (e.g. eStore Points), you may be required to either use Facebook Credits, redeem a game card or provide us or another payment service designated by us with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). You may be awarded virtual currency for playing games and completing in-game challenges, or through certain of our promoted events. When offered, you may be able to exchange virtual currency for virtual currency used on an Affiliated Site, or transfer it to another user of the Service.  All Virtual Items obtained from Ganz in-game will be included in your Account until the earlier of your Account’s expiration or termination date, or such date when the Service is discontinued.  REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN THEM.   NO INTEREST IS PAID OR EARNED ON THE REMAINING VIRTUAL CURRENCY BALANCE.

1. Fees and Taxes. Our published fees and billing procedures apply to the payment of fees and are incorporated herein by this reference.  You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose.  When you provide credit card or other payment information to Ganz, you represent to Ganz that you are the authorized user of the credit card or other payment method.  We will automatically charge your chosen method of payment on a recurring basis for applicable Account fees or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so.  YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT AND YOUR CHOSEN METHOD OF PAYMENT.  YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THE TERMS OF USE, TERMINATION OF THE ESTORE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SERVICE. If you choose a recurring subscription to any Service, you acknowledge that payments will be processed automatically until you cancel the subscription or the Account.
2. Order Processing. If you place a Virtual Item order with Ganz, you warrant that (i) you are of the age of majority in your jurisdiction, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate, and (iv) you agree to pay all fees you incur, including all recurring subscription fees unless and until you affirmatively terminate the Service or Account in accordance with the steps outlined by Ganz.   Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order.  Where offered, you will receive an e-mail receipt from Ganz providing full details of your purchase/subscription as well as have the purchase recorded in your Account History.
3. Price Changes. Ganz may change prices and fees at any time, without notice. If you pay a periodic subscription fee, Ganz will provide you with notice of any change to the fee or billing method in advance.
4. G.  USER GENERATED CONTENT

While using the Service, you may be given the opportunity to submit to Ganz, among other things, (i) images, art, fiction and/or (ii) comments, suggestions, ideas, notes, feedback, concepts or other information (collectively referred to as “User Generated Content“).  User Generated Content may be solicited or unsolicited.  Except as expressly stated in the Terms of Use, its provisions apply equally to Unsolicited User Generated Content and Solicited User Generated Content (collectively and individually, “User Generated Content” or “Submission”). “Solicited User Generated Content” means those submissions (a) that we expressly request or enable you to provide to us via any feature or activity for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, contests and promotions); and (b) that you distribute for which you do not seek Consideration (such as through our social communication features).  “Unsolicited User Generated Content” includes any and all submissions that do not fall within the above subparagraphs (a) or (b).

By transmitting or submitting any User Generated Content through the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Generated Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be governed by the Privacy Policy. Ganz may, without prior notice to you, remove User Generated Content that appears to infringe the intellectual property or other rights of third parties.

DO NOT SUBMIT ANY UNSOLICITED USER GENERATED CONTENT; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited User Generated Content so please do not submit Unsolicited User Generated Content. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Ganz reserves the right to return such Submission without reviewing.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, including the right to sublicense and assign to third parties (collectively, “Intellectual Property Rights“) you own or control to copy, fix, use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, adapt, improve, reformat, manufacture, introduce into circulation, commercialize, publish, create derivative works based on, perform, sell, license, sublicense, transfer, rent, lease, transmit, provide access to electronically, enter into computer memory,  and otherwise exploit such User Generated Content, in whole or in part, in any way and in all media formats and channels now known or hereafter devised (including on any of the Affiliated Sites, on third party websites, on broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Terms of Use.   To the extent any “moral rights,” “ancillary rights,” or similar rights exist in or to such User Generated Content and are not exclusively owned by us, you hereby waive and agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from anyone who may possess such rights.

1. H.    CHAT AND FORUM PARTICIPATION

As part of the Service, Ganz may offer users various social communication features (e.g. discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback and interact in real-time) that permit users, consistent with applicable laws, to post comments, information and opinions visible to others. To the extent that the Service provides users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Ganz.

You further acknowledge that a large volume of information is exchanged through such Postings and that people occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums/chat rooms by you or other users of the Service.

WHEN USING THE SOCIAL COMMUNICATION FEATURES YOU AGREE NOT TO:

1. Disclose personally identifiable information of any person, including yourself, under the age of 13;
2. Disrupt the normal course and pace of postings or chat, including through: (i) use of a macro with large amounts of text; (ii) use of mechanisms causing the forum or chat screen to scroll faster than other users are able to read; (iii) hitting the return key repeatedly; (iv) excessive shouting through the use of the “all caps” key; (v) posting spam messages; and/or (vi) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages;
3. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other user; or
4. Participate in any action that, in our sole discretion, “scams” or otherwise defrauds any other user, including with respect to any items that a user has earned or otherwise obtained.

Under no circumstances will Ganz, any of its partners, affiliates, related companies, or any of their directors, employees, agents, distributors, licensees and licensors (collectively and individually, the “Ganz Group”) be responsible for any errors or omissions in the Postings, or for hyperlinks embedded in them, or for any loss or damage caused by your use of a social communication feature or reliance on the information posted through such feature.  You should be aware that, when you disclose information about yourself in a forum/chat room, the information is being made publicly available and may be collected and used by other Service users. When you disclose any information on the Service, you do so at your own risk.

Unless otherwise specified and except for the Service directed to children under the age of thirteen (13), there is no requirement or expectation that Ganz will monitor or record any online activity on the Service, including communications.  You acknowledge and agree that, despite the foresaid, we have the right (but not the obligation) to monitor our social communication features as well as everything that you and the other users transmit and post; to alter or remove any such materials; to ban Accounts that breach our Privacy Policy and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our users and visitors and/or to comply with legal obligations or governmental requests.

1. I.       CODE OF CONDUCT

By accepting the Terms of Use, you agree that you shall not:

1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your personally identifiable information or any other person’s or user’s personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) without the information owner’s express consent;

1. Impersonate another person (including celebrity), attempt to mislead others by indicating that you represent the Ganz Group, express or imply that any statements you make or actions you take are endorsed by us;

1. Download or copy any Content, except as may occur through the normal caching function of your browser and except to print and retain a copy of the Content for your own personal, non-commercial use, or reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized by the Terms of Use;
2. Sell, advertise, or post information on hacks for the Service, whether for free or for the commercial benefit of you or third parties;
3. Use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Use, harms minors in any way or to solicit the performance of any illegal activity or other activity which infringes the rights of Ganz or third parties, including without limitation, transmission of any content that

(i)             is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of another person’s privacy;

(ii)            infringes our or any third party’s Intellectual Property Rights or other rights, or that you otherwise do not have permission to transmit;

(iii)           carries viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of  destructive nature;

(iv)          contains any

1. material, non-public information about companies without the authorization to do so;
2. trade secret of third parties;
3. advertisements, solicitations, chain letters, contests, surveys, spamming, pyramid schemes, investment opportunities, duplicative or other unsolicited communication, commercial or otherwise (except as otherwise expressly permitted by us);

1. Improperly use in-game support or complaint buttons or make false reports to Ganz;

1. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.

1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting transmitted through the Service;

1. Engage in hacking, password “mining” or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence or take steps to change “game play” in any way, including, without limitation, by creating cheats and/or hacks;

10. Use any device, software or routine to access any Content, interfere or attempt to interfere with any transaction being conducted through the Service, or with any other person’s use of the Service; or

11. Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Ganz’s systems or networks, or any systems or networks connected to the Service or to Ganz.

1. J.     NO SPAM

The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

1. K.    CONTESTS AND OTHER PROMOTIONS

From time to time, Ganz or its suppliers and advertisers may conduct promotions on or through the Service, including without limitation, contests and games of skill (each, a “Promotion”). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of the Terms of Use (the “Rules”). If any conflict arises between the Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

In any Promotion, the following minimum rules shall apply:

1. We will tell you the number and type of prizes to be won;
2. Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
3. For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
5. Some games may have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
6. We will clearly advise you of the start and stop times applicable to the contest selected;
7. There may be limits on the number of times you may participate in the contest, so read the Rules carefully; and
8. Prizes will be awarded without undue delay.

By entering contests on social networks, you acknowledge having read and accepted privacy policies governing your activities on such social networks and accept the risk of having personal information of yourself or your child disclosed on such social networks.

1. L.   COMMUNICATIONS

To the extent permitted by applicable law, the parties have requested that the Terms of Use and all communications and documents relating hereto be expressed in the English language.  Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d’Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise.

If we provide you with a translation of the English language version of the Terms of Use, our Privacy Policy or any other documents related to the Service (collectively, “Ganz Policies”), then you agree that the translation is provided for information purposes only, may be updated with delay and does not modify the English version of the Ganz Policies.  In the event of a conflict between a translation of the Ganz Policies and the English version, the English version of the Ganz Policies will control.

You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.

1. M.  DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE, SITE OR CONTENT WITH WHICH IT IS LINKED.  THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME, FREE OF INACCURACIES, ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPPONENTS, OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE, OR ACCESS THERETO, AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE AND THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

GANZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GANZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL LOCATION.

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

1. N.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY, OR THAT OF THE GANZ GROUP, IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.

YOU AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIMS OR SUIT AGAINST ANY MEMBER OF THE GANZ GROUP, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL ITEMS; (II) A CLAIM FOR THE “VALUE” OF VIRTUAL ITEMS IF GANZ DELETED THEM (AND/OR TERMINATED YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES THE TERMS OF USE, (III) THE “VALUE” OF VIRTUAL ITEMS THAT YOU MAY LOSE IF GANZ DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO THE TERMS OF USE, OR FOR ANY MALFUCTIONS AND/OR “BUGS” IN THE GAME, AND/ OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL ITEM HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT GANZ HAS MADE OR WILL MAKE.

GANZ SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF GANZ, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND GANZ’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR OR MATERIALS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SERVICE EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE OR (II) USD$100.

1. O.  INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S) AND/OR YOUR USER GENERATED CONTENT; (III) YOUR PURCHASE OF ANY VIRTUAL ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH THE GANZ GROUP IN THE DEFENCE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

1. P.     TERMINATION

The Terms of Use shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Service. Upon our acceptance of your request, your Account will be terminated.  Ganz reserves the right to suspend or terminate your Account immediately and without notice if you are, or Ganz suspects that you are, (i) breach any of the provisions contained in the Terms of Use, (ii) willfully infringing any third party’s Intellectual Property Rights, or if we are unable to verify or authenticate any information you provide to us, or (iii) upon game play, chat or any user activity whatsoever which is, in our opinion, inappropriate and/or in violation of the spirit of the game.  In response to a violation of the Terms of Use, Ganz may issue you a warning, suspend your Account or portion thereof, selectively remove, prohibit access to the Service or portion thereof, Content or tools, delay or remove hosted Content, revoke or garnish Virtual Items associated with your Account or immediately terminate any and all Accounts that you have established with Ganz.

Ganz reserves the right to terminate without notice any Account if its user is determined by Ganz, in its sole discretion, to be a “repeat infringer”.  You can lose your username and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased Virtual Items associated with your use of the Service, and Ganz is under no obligation to compensate you for any such loss or result.

In addition, Ganz may terminate or suspend your Account and/or access to all or part of the Service in the event Ganz ceases its operations and/or provision of any applicable products or services in connection with the Service.

You understand that Ganz provides access to the Service via the Internet through the use of servers, Sites and other technology. Notwithstanding anything to the contrary in the Terms of Use, Ganz reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and the agreement contemplated by the Terms of Use shall terminate.

Sections B, D, F-J, L-S of the Terms of Use shall survive any termination or discontinuance of the Service or your access to it.

1. Q.  JURISDICTION

Ganz administers and operates the Service from Ontario, Canada.  The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law.  If the arbitration and dispute resolution provisions contained herein are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to the Terms of Use shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under the Terms of Use shall be English.

If you choose to access and use the Service from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Nothing in the Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by the Terms of Use.  You might wish to consult with a legal professional in your own jurisdiction about the exact implications of the Terms of Use. 

Regardless of any statute or law to the contrary, any claim or cause of action against Ganz arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. R.  DISPUTE RESOLUTION

The Service is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to the Service, they can be sent to the attention of our Customer Service at this address. You may also contact Ganz by email at ganzworldsupport@ganz.com.   All issues related to the purchase of Virtual Items shall be brought to the attention of the eStore Customer Service team at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 from everywhere else around the world.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.

Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.

If you have a dispute with one or more Service users, you release the Ganz Group from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED COURT REVIEW. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THE TERMS OF USE.

Mandatory Arbitration – YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THE TERMS OF USE, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (”NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, ONE PEARCE ROAD, WOODBRIDGE, ONTARIO, CANADA L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF THE NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THE TERMS OF USE WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THE TERMS OF USE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THE TERMS OF USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THE TERMS OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions – BY ACCEPTING THE TERMS OF USE, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

1. S.  GENERAL

The Terms of Use (including all agreements and policies referenced herein) constitutes the entire agreement between you and Ganz with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Ganz with respect to such use are hereby superseded and cancelled. Ganz will not accept any counter-offers to the Terms of Use, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. The Terms of Use may not be assigned by you.

Ganz’s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Ganz of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Ganz and you or any other party be deemed to modify any provision of the Terms of Use. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of the Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of the Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of the Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from the Terms of Use. If you have purchased any licences to Virtual Items from ganzestore.com for use in the Service, such transaction shall be governed by the Terms of Use and the Ganz eStore’s User Agreement.

Please note that certain people are susceptible to epileptic seizures and loss of consciousness when exposed to certain flashing lights or light patterns in everyday life.  Such people may have a seizure while watching certain monitor images or playing games.  This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures.  If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using  the Service, immediately discontinue use of the Service and consult with your doctor.

The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Notwithstanding anything else in the Terms of Use, no default, delay or failure to perform on the part of Ganz shall be considered a breach of the Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ganz.

Last Updated on: November 4, 2013

• Ganz is committed to protecting personal information of its Service users and clients.
• We don’t knowingly collect personal information from children under 13. 
• Parents are urged to supervise their children’s activities online.
• This policy applies to all information that identifies a particular individual.
• Personal information will be collected, used and disclosed in accordance with the form of consent required by law.
• Use of personal information is limited. 
• We take steps to protect personal information.
• We keep personal information for a reasonable period of time only.
• We may gather non-personal information by means of cookies, beacons and other technology.
• Ad companies collect anonymous data.  You have options. 
• Protect your personal information from disclosure on social communication networks.
• We provide links to third party websites only as a convenience.  Make sure to review their privacy policies.
• You have control over certain of your personal information.
• You can ask privacy questions.
• The Privacy Policy may change.  Review frequently.
• This Privacy Policy contains special provisions for users residing in California.  If these are applicable to you, please review them carefully.

Ganz is committed to protecting personal information of its Service users and clients.

Ganz, an Ontario partnership, together with its successors and assigns, is committed to protecting the privacy and confidentiality of personal information entrusted to us.  Ganz complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information Protection and Electronic Documents Act. Ganz will only use your personal information for the purposes intended and as detailed in the Privacy Policy unless we have obtained your consent to use it for other purposes.

This Privacy Policy is applicable to personally identifiable information (“PII”) of all users collected, stored or distributed through a website, mobile game or application (commonly referred to as “Apps”), on which it is posted (collectively and individually, “Service”).  When this Privacy Policy uses the term “PII” or “personal information”, we mean information that identifies a particular individual.  When certain other non-identifiable information is directly associated with PII, this other information also becomes PII for purposes of this Privacy Policy. Some jurisdictions may call personally identifiable information “personal data” or “personally identifying information,” and may include opinions about or related to a user within the definition of PII.

This Privacy Policy is designed to inform you about the information we collect and use and your options with regard to that collection and use of that information through the Service.  By use of the Service, or communications to or with us, you are agreeing to these terms. If you do not agree with any of these terms or the terms that govern the Service, please exit our site or delete our mobile game or application and do not submit information to us in any way.  By continued use of the Service and/or clicking “I agree”, you signify your consent to the collection and processing of both your personal information and your child’s user account information, and any resulting correlation of such information, as set forth in this Privacy Policy.

When you provide us with your or your child’s personal information, you acknowledge that the information will be stored and processed on servers located in Canada.  In the future, our business may require that we contract with service providers outside Canada to carry out certain functions on our behalf such as data back-up or storage.  In such situations, such service providers will be contractually obliged not to disclose your and/or your child’s personal information except where authorized to do so by law or by Ganz.  Should a need to transfer your and/or your child’s personal information arise, we will ensure that the selected service providers meet our privacy standards before we enter into contracts with them.  We will also require them to secure and maintain confidentiality over your information.

We don’t knowingly collect personal information from children under 13. 

Some parts of the Service offered by Ganz are not intended for children under the age of 13 and we do not knowingly collect information from children under this age through the Service.

For the portions of the Service that appeal directly to children under the age of 13, we incorporate into this Privacy Policy additional children’s privacy provisions. When your child is asked to provide personal information, we will provide you with an opportunity to consent to their disclosure of personal information in accordance with applicable law.

The information we collect from you or your child enables participation in the Service.

-       Registration.  During the registration process, the child may be asked to set up a user name and password.  Your child should not use any personally identifiable information as his or her user name, as this user name may be visible to others on the Service. You and/or your child may be asked to provide your email address to be used for recovering usernames and/or passwords.

-       Surveys and Feedback:  We may collect aggregate information in connection with surveys or other online activities that allow your child to give us feedback. We do not collect any personally identifiable information in connection with surveys or feedback requests, nor is the information provided connected to any personally identifiable information we may have about the child.

-       Service Management:  We may collect information through technology (such as logging IP addresses) for routine system administration purposes, to make our Service more interesting and useful to you and your child, or to manage content delivery. For instance, we collect IP addresses and use technology to track traffic patterns on the Service. Once your child has logged into the Service, we track your child’s activities by using logs of database transactions and server interactions. We also use this information to understand which areas of our Service are most appealing or least appealing and to deliver content that is specific to your country or area of residence. The Service may also use cookies, which are pieces of information that the Service sends to your child’s computer while he or she is viewing the Service. Cookies provide information to the Service so that the Service will remember the user. These technical methods may involve the transmission of information either directly to us or to our third party service providers who are subject to the protections described in this Privacy Policy. None of the information collected through these methods is connected to or associated with any other information about your child.

-       Email Communication from You:  If your child contacts us by email or enters an email address when participating in a contest, we use the email address only to respond one time to your child’s specific request and, if legally permissible, to notify them if they won a contest.

-       Mail Communication from You:  If your child wants to contact us by mail, and the Service provides a submission form for such communication, you may do so using such submission form. The submission form may ask for your child’s user name and name of his or her game character, and your (the parent’s) name and signature.

-       Chatting on the Service.  When using scripted chat on any of the Service, members select pre-constructed messages from chat menus. Members CANNOT type in their own messages, and no personal information can be disclosed.    In the restricted chat mode, messages are limited to words from our restricted dictionary, which is designed to prevent minors from including any personal information such as numbers, common proper names and place names.  Some areas of the Service may offer restricted chat – such chat is suitable to adults but is not to be used by children under the age of 13. We do not knowingly permit preteens to use restricted chat.  Please note that, in some instances, users relying on scripted chat may view messages posted by users relying on the restricted mode of chat. While users relying on scripted chat won’t be able to disclose their personal information, they may find content posted via restricted chat objectionable.

-       Safety and Security: We may collect your child’s name and your email address as well as other personal information, with applicable notice to you and consent, if necessary, for your child’s safety.  We may also collect your child’s name and email address for the limited purposes of protecting the security and integrity of the Service, taking precautions against liability, responding to the judicial process, as we may determine in our reasonable judgment is advisable to protect our users, ourselves, our partners, agents and providers, and the general public or for law enforcement on a matter related to public safety.

Parents are urged to supervise their children’s activities online.                     

Ganz urges all parents and legal guardians to supervise their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information online.  If you reside in the United States, we encourage you to visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about COPPA and children’s privacy.

If you are a parent or legal guardian and will be purchasing licenses for codes to Service-related products or services and sending the purchased codes to your child, please be advised that such activity may correlate your child’s user account information to your personal information obtained during the purchase process. Although Ganz does not generally correlate this data, in rare circumstances this may be necessary to assist with your use of the Service, or otherwise. In compliance with applicable laws we must inform you of the possible correlation and obtain your consent to such correlation should it occur.

This policy applies to all information that identifies a particular individual.

When you interact with Ganz, we may collect and store information from you directly as described below.  Ganz collects personal information that is voluntarily provided by you when you order a product, enter promotions, answer our polls or surveys, register on the Service, or communicate with us by mail, telephone or electronically. Ganz also collects personal and non-personal information automatically as described below. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history,  chat room communications, complaints you may have about our products or services, a record of promotions offered to you, and your Ganz product preferences.  Other information, such as your IP address, system information (including operating system, browser type, available software and hardware), whether you were referred to us by a search engine (including the search term(s) used to find us), and how much time you spend using the Service are collected to improve the Service and messaging efficiency, learn more about where our users come from and understand how our users use and ways to improve our Service.

We may allow you to “register” with us by using Facebook Connect or other Social Networking Service (“SNS”) authentication options to create an account or profile on the Service.

If you access the Service from a third party SNS, you may be required to also read and accept the SNS Terms of Service and Privacy Policy.  The information you allow Ganz to access varies by game and SNS, and it is affected by the privacy settings you establish at the SNS.  By accessing the Service through an SNS, you are authorizing Ganz to collect, store, and use in accordance with the Privacy Policy any and all information that you agreed the SNS could provide to Ganz through the SNS Application Programming Interface (“API”).  Your agreement takes place when you “accept” or “allow” (or similar terms) one of our applications on an SNS.

Personal information will be collected, used and disclosed in accordance with the form of consent required by law.

We reserve the right to collect, use, and disclose your and/or your child’s personal information without consent where required or permitted by law.  Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending on the circumstances and sensitivity of the information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send you the items ordered) or inaction (e.g. by not exercising an ability to opt-out). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Use of personal information is limited.

Ganz collects personal information for the following reasons:

-       To provide you with the products or services you have requested, including processing your payment;

-       To better understand you, to allow us to serve you better through enhanced products, customer service and directed promotional efforts of particular interest;

-       To properly investigate and respond to any complaints, questions or concerns you may have about our products or services; and

-       To determine your eligibility for our products and the Service.

If you opt in to receive offers, promotions or other information from Ganz, your information will be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. If you have opted in to receive these offers, we may also use your personal information to ensure that your contact information is accurate and up to date.  Ganz does not collect, use or disclose your personal information for online behavioral advertising purposes.

Ganz may share your and/or your child’s personal information with the other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent required to fulfill the purposes identified in this Privacy Policy.  You may request that Ganz not share your and/or your child’s personal information with any of the other members of the Ganz corporate group by contacting us as described below.

In addition to this inter-corporate sharing, Ganz may disclose personal information to third parties as follows:

-       To Third Parties To Perform Processing and Other Specialized Services:  At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, legal and security audits, payment processing, data analysis, e-mail delivery. These service providers are only given the information needed to perform those services and they are bound contractually to protect the confidentiality, privacy and security of your information and to limit the use of your information to the service being provided. 

-       To Third Parties in the Event of Legal Reasons:  We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company’s rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against what we believe in our sole and absolute discretion to be a misuse or unauthorized use of our Service; or (e) in emergencies, such as when we believe our or our affiliate’s integrity requires protection or someone’s physical safety is at risk.  In some cases, disclosure may be required by law to be without notice to you.

-       To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving Ganz or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to Ganz’s customer lists and various databases as part of the due diligence process. In this event, Ganz would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to Ganz’s successor-in-interest to be used only for the purposes for which it was collected.

We take steps to protect personal information.

Ganz has implemented physical, electronic and administrative measures to protect your information from error, loss or unauthorized access. For example, we use industry-standard efforts, such as passwords, firewalls and Secure Socket Layers, to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose.

We keep personal information for a reasonable period of time only.

We keep your information for a period reasonably necessary to meet the purposes for which it was collected, for the security of Ganz and the Service or to protect users, the public or third parties and to comply with any legal requirements, including statutory retention periods and corporate best practices.

We may gather non-personal information by means of cookies, beacons and other technology.

We may gather non-personal information on an anonymous, aggregate basis.  This information is not kept, used or disclosed at the individual level, but may be disclosed to third parties on an anonymous, aggregate basis. We may collect such information through unique identifiers such as cookies (which may be HTML files, Flash files, or other technology), web beacons, or similar technologies for analytical purposes, routine system administration, to make our Service more interesting and useful to you, or to manage content delivery. For instance,

-       We use technology to track traffic patterns on the Service. Once you have logged into the Service, we track your activities by using logs of database transactions and server interactions. We also use this information to understand which areas of our Service are most appealing or least appealing or to deliver content that is specific to your country or area of residence;

-       We use cookies, small text files stored on your hard drive, not our Service, which allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use the Service, which in turn helps us to focus our resources on features that are most popular with our users.

Ad companies collect anonymous data.  You have options. 

From time to time, we may use third-party advertising service providers to serve ads on the Service. These companies may use cookie-based ad serving technology for the purpose of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting, provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes.  Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs.  Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message.  Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

Although the third-party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third party, it does not control their sites or policies and practices regarding your information.

This Privacy Policy does not cover any use of information that third-party advertising service providers or advertisers may collect from you. We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third-party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org.  Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.

We have given users of webkinz.com (except Alumni and free users) an option to limit third party ads.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and select the limit ads option.  Please note that the option is not available to Free and Alumni Webkinz users but they may still be able to opt out of third party cookies by following the steps outlined by your web browser provider.  If, after users have selected to limit 3^rd party ads, they clear their computer’s cache and/or cookies, or access webkinz.com from another computer, they will need to limit 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page. If users do not select to limit 3^rd party ads again, 3^rd party ad campaigns within webkinz.com will still be limited.

Protect your personal information from disclosure on social communication networks.

Please note that any information that you submit in online chat rooms and public user profiles, on message boards or in similar forums on the Service can be read, collected, or used by others.  Your passwords should be both easy to remember, but hard to guess and not shared with anyone (other than a child sharing their passwords with their parents or legal guardians). You should not access your account from a shared computer or device or a public computer or device to avoid the unauthorized accessing of your account. It is recommended that you not store your logins/passwords on your computer or device in case it falls into the hands of someone else. Please note that Ganz is not responsible for information you choose to submit in the forums, nor anyone accessing your account through the use of your passwords or otherwise.

We provide links to third party websites only as a convenience.  Make sure to review their privacy policies.

While using the Service, you may, through hypertext or other computer “links,” gain access to other websites on the Internet which are not operated by Ganz. Ganz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ganz of the website linked to. WHILE THESE LINKS HAVE BEEN REVIEWED AT THE TIME THEY ARE POSTED, WEBSITES AND SERVICES CHANGE FROM TIME TO TIME AND WE CANNOT GUARANTEE THAT THEY REMAIN APPROPRIATE FOR CHILDREN, SAFE, PRIVATE OR SECURE. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON THE SERVICE. Unless otherwise indicated on the Service, Ganz is not sponsored by or affiliated with the linked websites, and trademarks used in connection with the linked websites are not trademarks of Ganz. You should be aware that each of these third-party websites or services is governed by a different set of terms and policies with respect to the collection, use and disclosure of your personal information. Make sure to review their privacy policies before using them and preview them for appropriate content before allowing your children to access them.

You have control over certain of your personal information.

You have choices over how we collect, use and disclose certain of your personal information for certain purposes. Those have been indicated below. But note that if you use the Service, you must agree to our terms of use and the terms of this Privacy Policy without exception. Any comments or questions you may have regarding the collection, use and disclosure of your personal information should be directed to Ganz.

You may choose not to receive certain email from us, even after granting permission initially, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email. (You may not unsubscribe from communications related to your Account administration or the processing of your transactions.)  Certain jurisdictions require that we provide a copy of the personal information we have on file about your or your child. If your jurisdiction requires this, unless otherwise required by applicable law, all requests for a copy of the personal information we have on file about you, and requests to delete such information, must be made in writing and by postal mail addressed to: Privacy Officer, Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada. Ganz may require that you identify yourself to our satisfaction. In the event that you are unable to identify yourself or your legal rights to obtain your child’s personal information we have on file, Ganz may, consistent with applicable law, decline to provide this information. If we so decline, we will provide the reason(s).

Personal information provided by email may not be secure, and  you assume the risks associated with your email transmission or our reply.

You can ask privacy questions.

If you have any questions or comments about Ganz’s Privacy Policy, or need to contact us with respect to a privacy concern, please contact us at privacyofficer@ganz.com by email. (Children should have their parents submit any questions or comments on their behalf.) You can also write to: Privacy Officer, Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada, or submit your inquiry via facsimile: 905-851-7427. 

The Privacy Policy may change.  Review frequently.

This Privacy Policy outlines the information usage practices of Ganz. By accessing, browsing or using this Service or by submitting your and/or your child’s personal information to Ganz, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree to this Privacy Policy, please do not submit personal information to us or use the Service.

We reserve the right to modify this Privacy Policy and our terms of service at any time and from time to time. If there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Service. You may also be prompted to elect whether or not you agree to the change, if required by applicable law. Note that you may be unable to utilize the Service if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised Privacy Policy, which may be communicated by clicking to indicate your consent for the continued use of the Service or the provision of your personal information to Ganz following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes.

This Privacy Policy contains special provisions for users residing in California.  If these are applicable to you, please review them carefully.

Under California Civil Code Section 1798.83 (also known as S.B. 27 or the “Shine the Light” law), if you are a California resident and your business relationship with Ganz is primarily for personal, family, or household purposes, you may request certain data regarding Ganz’s disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes. To make such a request, please send an email message to privacyofficer@ganz.com with “Request for California Privacy Information” in the subject line; you may make such a request up to once per calendar year. If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27′s requirements.

Last updated on November 4, 2013                           

Please note that all persons under the age of majority in their jurisdiction are required to have a parent or legal guardian read and accept the Terms of Use on their behalf and take full responsibility for compliance with the Terms of Use.

This document (“Terms of Use”), as amended from time to time, governs your use of any website (“Site”), and any online or mobile product or service (collectively and individually, the “Service”), on which the Terms of Use is posted, where such Site or Service is offered by Ganz, an Ontario partnership, located at One Pearce Road, Woodbridge, Ontario, L4L 3T2 Canada.  If you have any questions relating to the Site or Service, they can be sent to the attention of our Customer Service Representative at this address.  You may also contact Ganz by email at ganzworldsupport@ganz.com.

Unless stated otherwise, in each case, the Terms of Use are brought about for a single platform (e.g. a specific social network or operating system), and may cover one or more games.  Several Terms of Use may exist concurrently if the user plays Ganz-branded games on different platforms.  All supplemental terms and rules that apply to the Service, e.g. those regarding subscription-based services, on-line sales, rules for particular contests, social networking and other features and activities, form an integral part of the Terms of Use and are incorporated herein by this reference.

BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) MAY ACCESS OR USE THE SERVICE, READ THE FOLLOWING CAREFULLY.  BY CLICKING THE “I ACCEPT” BUTTON BELOW OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT SET UP AN ACCOUNT, PURCHASE A SUBSCRIPTION OR OTHERWISE USE THE SERVICE.  PLEASE PRINT A COPY OF THE TERMS OF USE FOR YOUR RECORDS.

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate websites and will go a long way toward ensuring that your children have enriching experiences online.

We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general.  You should regularly oversee the kids’ use of e-mail and other online communication and transactional features.

1. A.  AMENDMENTS

You understand that the Service is an evolving one.  Ganz may require that you accept updates to the Service accessed through the Site or installed on your authorized mobile device.  Ganz reserves the right to change, modify, add or remove portions of the Terms of Use, at any time, for any reason, with or without notice to you, or to do any of the following:

1. Modify, suspend or terminate operation of, or access to, any portion, applicable policies or terms, including hours or availability, features or functions of the Service;
2. Change any fees or charges, if any, related to your use of the Service;
3. Change the equipment, hardware or software required to use and access the Service; and
4. Interrupt the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Although the Service is accessible worldwide, the Service may not be available to all persons or in all geographic locations, or appropriate or available for use, outside Canada. You understand and agree that the Service is provided by Ganz and may be terminated or otherwise discontinued by Ganz at its discretion pursuant to the Terms of Use.  In particular, if you stop using the Service, we reserve the right to permanently erase your Account and everything associated with your Account, in-game currency balance or privileges that may have been licensed through the payment of money.  Currently, our policy is to terminate any Account that has not been active for eighteen months.

Ganz may find it necessary to update, or reset certain parameters to balance game play and usage of the Service.  These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or items under your control.  Ganz reserves the right to make these updates and is not liable to you for these changes.

Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, by electronic posting.  You agree to check the Terms of Use periodically for the new provisions that govern your use of the Service.  Your continued use of the Service following the posting of changes will mean that you accept and agree to them.

B. PRIVACY

Your privacy is important to us.  All information provided by you or collected by us in connection with your use of the Service will be collected and used in the manner described herein and pursuant to the terms of Ganz’s Privacy Policy (the “Privacy Policy”), where such Privacy Policy is incorporated and made a part of the Terms of Use by this reference.

You hereby acknowledge that Ganz has the right to obtain, without notification to you, (i) certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drive, central processing unit, IP address, and Internet browser for internal purposes; (ii) non-personal information from your connection to the Service for demographic purposes; (iii) information from your computer, software, and parts or portions thereof, including, without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” and/or “cheats” to gain advantage over other users. The information obtained will only be used as outlined in the Privacy Policy.

You expressly agree that we have the right, at all times, and in our sole discretion, to disclose any User Generated Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when we have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow us to satisfy any applicable law, regulation or governmental request; (c) to allow us to enforce  the Terms of Use, Privacy Policy or any other Ganz policy, (d) to protect our legal rights and remedies; (e) in other circumstances in which we believe that our Service is being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when we have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of Ganz, or for us to render the Service you have requested.

We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your use of the Service.  Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers are vulnerable to attack and cannot be guaranteed to be secure. 

C.  OTHER SITES

Through the Service, Ganz may provide links to other websites owned and/or operated by Ganz (collectively and individually, “Affiliated Site” and, in plural, “Affiliated Sites”) and other independent third-party websites.  Ganz is providing these links to you only as a convenience.  GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE OR THE AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.

The unaffiliated third-party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information.  These third-party sites may collect data or solicit personal information from you.  We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them.  Furthermore, the trademarks used in connection with such third party websites may not be trademarks of Ganz.  Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.

You understand that the Service may feature advertisements from Ganz or third parties.  Third party advertising service providers may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes.   Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs.  Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message.  Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.

We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.

Ganz’s disclosure of information for third party advertising is addressed in the Privacy Policy.  Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Site.

We have given users on webkinz.com (except Alumni and free users) an option of not viewing third party ads.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads.  This blocks all third party ads.  Please note that this option is not available to free or Alumni Webkinz users, but they may still opt out of third party tracking technologies by following the steps outlined above. Please note that if, after having opted out of 3^rd party ads, you clear your computer’s cache and/or cookies, or access webkinz.com from another computer, you will need to opt out of 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page.  If users do not opt out of 3^rd party ads again, they will still be opted out of any 3^rd party ad campaigns within webkinz.com.

Please note that, in some instances and geographical locations, you may not be able to either view or participate in ad-based activities due to conflicts with your system or internet provider, which are beyond our control.

1. D.    REGISTRATION

Subject to your agreement and continued compliance with the Agreement and any relevant Ganz Policy, Ganz grants you a non-exclusive, non-transferable, revocable limited licence to access the Service using Ganz supported web browsers or authorized mobile devices solely for your own non-commercial entertainment purposes.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.  You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.  By accessing or using the Service, including browsing any Affiliated Site or accessing a game, you accept and agree to the Agreement and Privacy Policy.  You may also be required to register an account on the Service (the “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, and/or have an account with the applications provider for your mobile device.

1. Your Account. Certain Content, as it is defined below, may be accessed and/or used by you without requiring registration or login.  In order to access and use other Content, you must sign up for an account (the “Account”).   Some part of the Service may be limited to users over the age of 18 (e-commerce transactions; games available through SNSs and on mobile devices).   You agree that you are entirely liable for all activities conducted through the Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GANZ. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.  You are responsible for any use of your credit card or other payment instrument (e.g. Facebook Credits) by minors.  If you have reason to believe that your Account with us is no longer secure, you must immediately notify us of the problem by e-mailing our Customer Service Representative.
2. Registration Process/Information.  You may register and set up an Account for free and should register all secret and feature codes (each, a “Code”) on the same Account.   At the time your Account is set up, you may be required to provide us with certain information about yourself, which may include personally identifiable information. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. You agree at all times to provide accurate, current and complete information about yourself as prompted by our registration form or otherwise. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and, at our sole discretion, to report you to the appropriate government authorities. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.

Free Accounts may have limited access to games, game environment, social networking and trading features available on the Service.  In order to receive full access to the Service, Free Account users must subscribe to the Service under one of the available subscription plans.

1. Passwords. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. Ganz will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.   We will use your username and password to identify you when you attempt to access the Service.

1. Screen Name.  As part of the registration process, you may be asked to select a screen name. We reserve the right to refuse to grant you or to terminate a screen name that:

(i)             impersonates someone else, including, without limitation, another user or a non playing character;

(ii)            is or may be

1. illegal;
2. protected by trademark or other proprietary right;
3. considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any screen name which is sexual in nature;

(iii)           is comprised of or includes any of the following

1. the name of a popular culture icon, persona or media personality, religious deity or figure, or your real name (e.g., “BarbaraWalters” or “JamesBond”);
2. the names (including “street” names) of any drug, narcotic or other criminal activity;
3. partial or complete sentences (e.g., “Iwillgetyou”);
4. gibberish (e.g., “Bgrewazx”);
5. “Leet” or “Dudespeak” (e.g., OMGnewb, xLOLx);
6. any rank and/or fantasy titles (e.g., “MajorDude” or “QueenKate”);
7. special characters (i.e., ASCII codes);

(iv)          is otherwise inappropriate, regardless of our software’s ability to disallow such screen names; and/or

(v)           which may mislead others to believe that you are affiliated with Ganz.

You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any screen name at any time and for any reason. If your screen name is canceled, and you wish to resume your use of the Service, you will need to re-register and obtain a new screen name.

1. Minimum Technical Requirements.  You understand and agree that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto. To make the Service experience more enjoyable, you will need, at a minimum,  high-speed Internet, monitor resolution of 1024×768, one of Windows XP, Vista or Mac OSX, Internet Explorer, Safari or Firefox, and Unity3D plug-in (available free online). These requirements may change and such changes will be posted on the Site and/or in the Terms of Use.  You and not Ganz shall be responsible for purchasing any necessary additional software and/or hardware in order to access the Service. If you download, access or use software through the Service, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable licence. Ganz keeps full and complete title to the Software and all Intellectual Property Rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

1. Beta Tests.  From time to time, Ganz may offer you the opportunity to review and evaluate one or more games prior to their commercial release for the sole purpose of evaluating the games and identifying errors.  This process is known as a “Beta Test”.  The beta games are provided for testing on an “as is” and “as available” basis and Ganz makes no warranty to you of any kind, express or implied, with respect to such beta games.  Furthermore, nothing herein shall be construed as granting you any rights or privileges of any kind with respect to the beta games. When playing some beta games, you may accumulate Virtual Items.  Such data may be erased when the testing phase is complete.  You understand and agree that the pre-release copy and all other Content provided to you by Ganz during the Beta Test are confidential and proprietary information owned by Ganz.  You agree as a condition of participating in a Beta Test to safeguard the pre-release Content and prevent its copying, reproduction or unauthorized access, disclosure or use.  Your obligation to keep the Beta Test Content confidential will continue until Ganz publicly distributes, or has otherwise disclosed it to the public, through no fault of yours.
   1. E.    CONTENT

All content offered by Ganz through the Service, including but not limited to games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animation, sound, musical composition, audio-visual elements, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design and appearance, (collectively and individually, “Content”) is owned, controlled or licensed by or to Ganz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada.   You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk.  Such Content is presented for entertainment and informational purposes only and is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice.

Subject to the Terms of Use and so long as you remain compliant with the Terms of Use, Ganz grants you a personal, non-exclusive, limited, fully revocable licence to use such Content in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post,  perform, display, create derivative works from, in any way exploit such Content or distribute it in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Ganz expressly permits in the Terms of Use. For clarification purposes only, a “derivative work based on” the Content is a work substantially similar, both in ideas and expression, to the Content. Similarity of ideas in the Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Content and the derivative works. Thus, if a work created by you or someone other than Ganz is likely to bring to mind the Content, then it is likely that such work is a derivative work of the Content, and as such may not be used for commercial purposes.

You may use information on Ganz products and services purposely made available by Ganz for downloading for your own personal, non-commercial use, provided that you agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary right notices affixed to such Content, or block visual elements adjoining such Content. Without limiting the generality of the Terms of Use, you shall not use any Content on any other website or network computer environment or in a manner that suggests an association with any of our Services or Ganz itself, or in a manner that disparages us.

Ganz reserves all rights in Ganz-owned and licensed Content that are not expressly granted to you in the Terms of Use.  Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.

We take great care and pride in creating the Service and Content posted on the Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will fix them.   Unfortunately, your home computer and/or mobile device may cause some glitches that effect how you see our Service and that is beyond our control.

If you experience any unusual behavior, content or ads on the Service, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Service is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Service and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser);
• Install a SpyWare Removal Tool to clean your computer of Malware, e.g.  Spybot Search and Destroy or AdAware;
• Install antivirus software;
• Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact our Customer Service team.

1. F.   SALES POLICY

From time to time, Ganz may offer, for “real world” money, licences to use (a) “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; (b) “virtual  in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services . You may also be able to obtain a licence to use eStore Items by redeeming third party virtual currency such as Facebook Credits.

You understand that, while at times you may “earn”, “buy” or “purchase” Virtual Items, these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of virtual currency do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited licence to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited licence referred to in the Terms of Use is a completed transaction upon receipt of your direct payment or redemption of a Ganz game card or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence.

All matters related to online purchases completed on the Service shall be governed by the Ganz eStore user agreement and privacy policy.  eStore Points deposited to your Account do not expire and cannot be transferred or refunded.  You are responsible for managing the eStore Points balance on your Account.  Ganz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Ganz in writing.  Accordingly, you may not sublicense, trade, sell, or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the game, without Ganz’s permission.  Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Where offered, you may place an order for Virtual Items by visiting the purchase page in the game and following the applicable rules. When you place an order, we may send you a confirmatory e-mail that will contain details of your order. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Ganz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Ganz is not a party to that transaction.

For Virtual Items, your order will represent an offer to us to acquire a licence which will be accepted by us when we make the Virtual Items available in your Account for you to use in our games or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from Ganz, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you order Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your order is placed with us.

1. In-Game Currency and Game Points. In-game currency is not a real currency or any type of financial instrument but rather a virtual token representing contractual permission from Ganz to access various features of the Service.  In order to obtain the in-game currency (e.g. eStore Points), you may be required to either use Facebook Credits, redeem a game card or provide us or another payment service designated by us with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). You may be awarded virtual currency for playing games and completing in-game challenges, or through certain of our promoted events. When offered, you may be able to exchange virtual currency for virtual currency used on an Affiliated Site, or transfer it to another user of the Service.  All Virtual Items obtained from Ganz in-game will be included in your Account until the earlier of your Account’s expiration or termination date, or such date when the Service is discontinued.  REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN THEM.   NO INTEREST IS PAID OR EARNED ON THE REMAINING VIRTUAL CURRENCY BALANCE.

1. Fees and Taxes. Our published fees and billing procedures apply to the payment of fees and are incorporated herein by this reference.  You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose.  When you provide credit card or other payment information to Ganz, you represent to Ganz that you are the authorized user of the credit card or other payment method.  We will automatically charge your chosen method of payment on a recurring basis for applicable Account fees or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so.  YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT AND YOUR CHOSEN METHOD OF PAYMENT.  YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THE TERMS OF USE, TERMINATION OF THE ESTORE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SERVICE. If you choose a recurring subscription to any Service, you acknowledge that payments will be processed automatically until you cancel the subscription or the Account.
2. Order Processing. If you place a Virtual Item order with Ganz, you warrant that (i) you are of the age of majority in your jurisdiction, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate, and (iv) you agree to pay all fees you incur, including all recurring subscription fees unless and until you affirmatively terminate the Service or Account in accordance with the steps outlined by Ganz.   Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order.  Where offered, you will receive an e-mail receipt from Ganz providing full details of your purchase/subscription as well as have the purchase recorded in your Account History.
3. Price Changes. Ganz may change prices and fees at any time, without notice. If you pay a periodic subscription fee, Ganz will provide you with notice of any change to the fee or billing method in advance.
4. G.  USER GENERATED CONTENT

While using the Service, you may be given the opportunity to submit to Ganz, among other things, (i) images, art, fiction and/or (ii) comments, suggestions, ideas, notes, feedback, concepts or other information (collectively referred to as “User Generated Content“).  User Generated Content may be solicited or unsolicited.  Except as expressly stated in the Terms of Use, its provisions apply equally to Unsolicited User Generated Content and Solicited User Generated Content (collectively and individually, “User Generated Content” or “Submission”). “Solicited User Generated Content” means those submissions (a) that we expressly request or enable you to provide to us via any feature or activity for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, contests and promotions); and (b) that you distribute for which you do not seek Consideration (such as through our social communication features).  “Unsolicited User Generated Content” includes any and all submissions that do not fall within the above subparagraphs (a) or (b).

By transmitting or submitting any User Generated Content through the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Generated Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be governed by the Privacy Policy. Ganz may, without prior notice to you, remove User Generated Content that appears to infringe the intellectual property or other rights of third parties.

DO NOT SUBMIT ANY UNSOLICITED USER GENERATED CONTENT; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited User Generated Content so please do not submit Unsolicited User Generated Content. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Ganz reserves the right to return such Submission without reviewing.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, including the right to sublicense and assign to third parties (collectively, “Intellectual Property Rights“) you own or control to copy, fix, use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, adapt, improve, reformat, manufacture, introduce into circulation, commercialize, publish, create derivative works based on, perform, sell, license, sublicense, transfer, rent, lease, transmit, provide access to electronically, enter into computer memory,  and otherwise exploit such User Generated Content, in whole or in part, in any way and in all media formats and channels now known or hereafter devised (including on any of the Affiliated Sites, on third party websites, on broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Terms of Use.   To the extent any “moral rights,” “ancillary rights,” or similar rights exist in or to such User Generated Content and are not exclusively owned by us, you hereby waive and agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from anyone who may possess such rights.

1. H.    CHAT AND FORUM PARTICIPATION

As part of the Service, Ganz may offer users various social communication features (e.g. discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback and interact in real-time) that permit users, consistent with applicable laws, to post comments, information and opinions visible to others. To the extent that the Service provides users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Ganz.

You further acknowledge that a large volume of information is exchanged through such Postings and that people occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums/chat rooms by you or other users of the Service.

WHEN USING THE SOCIAL COMMUNICATION FEATURES YOU AGREE NOT TO:

1. Disclose personally identifiable information of any person, including yourself, under the age of 13;
2. Disrupt the normal course and pace of postings or chat, including through: (i) use of a macro with large amounts of text; (ii) use of mechanisms causing the forum or chat screen to scroll faster than other users are able to read; (iii) hitting the return key repeatedly; (iv) excessive shouting through the use of the “all caps” key; (v) posting spam messages; and/or (vi) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages;
3. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other user; or
4. Participate in any action that, in our sole discretion, “scams” or otherwise defrauds any other user, including with respect to any items that a user has earned or otherwise obtained.

Under no circumstances will Ganz, any of its partners, affiliates, related companies, or any of their directors, employees, agents, distributors, licensees and licensors (collectively and individually, the “Ganz Group”) be responsible for any errors or omissions in the Postings, or for hyperlinks embedded in them, or for any loss or damage caused by your use of a social communication feature or reliance on the information posted through such feature.  You should be aware that, when you disclose information about yourself in a forum/chat room, the information is being made publicly available and may be collected and used by other Service users. When you disclose any information on the Service, you do so at your own risk.

Unless otherwise specified and except for the Service directed to children under the age of thirteen (13), there is no requirement or expectation that Ganz will monitor or record any online activity on the Service, including communications.  You acknowledge and agree that, despite the foresaid, we have the right (but not the obligation) to monitor our social communication features as well as everything that you and the other users transmit and post; to alter or remove any such materials; to ban Accounts that breach our Privacy Policy and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our users and visitors and/or to comply with legal obligations or governmental requests.

1. I.       CODE OF CONDUCT

By accepting the Terms of Use, you agree that you shall not:

1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your personally identifiable information or any other person’s or user’s personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) without the information owner’s express consent;

1. Impersonate another person (including celebrity), attempt to mislead others by indicating that you represent the Ganz Group, express or imply that any statements you make or actions you take are endorsed by us;

1. Download or copy any Content, except as may occur through the normal caching function of your browser and except to print and retain a copy of the Content for your own personal, non-commercial use, or reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized by the Terms of Use;
2. Sell, advertise, or post information on hacks for the Service, whether for free or for the commercial benefit of you or third parties;
3. Use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Use, harms minors in any way or to solicit the performance of any illegal activity or other activity which infringes the rights of Ganz or third parties, including without limitation, transmission of any content that

(i)             is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of another person’s privacy;

(ii)            infringes our or any third party’s Intellectual Property Rights or other rights, or that you otherwise do not have permission to transmit;

(iii)           carries viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of  destructive nature;

(iv)          contains any

1. material, non-public information about companies without the authorization to do so;
2. trade secret of third parties;
3. advertisements, solicitations, chain letters, contests, surveys, spamming, pyramid schemes, investment opportunities, duplicative or other unsolicited communication, commercial or otherwise (except as otherwise expressly permitted by us);

1. Improperly use in-game support or complaint buttons or make false reports to Ganz;

1. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.

1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting transmitted through the Service;

1. Engage in hacking, password “mining” or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence or take steps to change “game play” in any way, including, without limitation, by creating cheats and/or hacks;

10. Use any device, software or routine to access any Content, interfere or attempt to interfere with any transaction being conducted through the Service, or with any other person’s use of the Service; or

11. Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Ganz’s systems or networks, or any systems or networks connected to the Service or to Ganz.

1. J.     NO SPAM

The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

1. K.    CONTESTS AND OTHER PROMOTIONS

From time to time, Ganz or its suppliers and advertisers may conduct promotions on or through the Service, including without limitation, contests and games of skill (each, a “Promotion”). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of the Terms of Use (the “Rules”). If any conflict arises between the Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

In any Promotion, the following minimum rules shall apply:

1. We will tell you the number and type of prizes to be won;
2. Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
3. For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
5. Some games may have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
6. We will clearly advise you of the start and stop times applicable to the contest selected;
7. There may be limits on the number of times you may participate in the contest, so read the Rules carefully; and
8. Prizes will be awarded without undue delay.

By entering contests on social networks, you acknowledge having read and accepted privacy policies governing your activities on such social networks and accept the risk of having personal information of yourself or your child disclosed on such social networks.

1. L.   COMMUNICATIONS

To the extent permitted by applicable law, the parties have requested that the Terms of Use and all communications and documents relating hereto be expressed in the English language.  Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d’Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise.

If we provide you with a translation of the English language version of the Terms of Use, our Privacy Policy or any other documents related to the Service (collectively, “Ganz Policies”), then you agree that the translation is provided for information purposes only, may be updated with delay and does not modify the English version of the Ganz Policies.  In the event of a conflict between a translation of the Ganz Policies and the English version, the English version of the Ganz Policies will control.

You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.

1. M.  DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE, SITE OR CONTENT WITH WHICH IT IS LINKED.  THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME, FREE OF INACCURACIES, ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPPONENTS, OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE, OR ACCESS THERETO, AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE AND THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

GANZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GANZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL LOCATION.

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

1. N.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY, OR THAT OF THE GANZ GROUP, IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.

YOU AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIMS OR SUIT AGAINST ANY MEMBER OF THE GANZ GROUP, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL ITEMS; (II) A CLAIM FOR THE “VALUE” OF VIRTUAL ITEMS IF GANZ DELETED THEM (AND/OR TERMINATED YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES THE TERMS OF USE, (III) THE “VALUE” OF VIRTUAL ITEMS THAT YOU MAY LOSE IF GANZ DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO THE TERMS OF USE, OR FOR ANY MALFUCTIONS AND/OR “BUGS” IN THE GAME, AND/ OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL ITEM HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT GANZ HAS MADE OR WILL MAKE.

GANZ SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF GANZ, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND GANZ’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR OR MATERIALS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SERVICE EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE OR (II) USD$100.

1. O.  INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S) AND/OR YOUR USER GENERATED CONTENT; (III) YOUR PURCHASE OF ANY VIRTUAL ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH THE GANZ GROUP IN THE DEFENCE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

1. P.     TERMINATION

The Terms of Use shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Service. Upon our acceptance of your request, your Account will be terminated.  Ganz reserves the right to suspend or terminate your Account immediately and without notice if you are, or Ganz suspects that you are, (i) breach any of the provisions contained in the Terms of Use, (ii) willfully infringing any third party’s Intellectual Property Rights, or if we are unable to verify or authenticate any information you provide to us, or (iii) upon game play, chat or any user activity whatsoever which is, in our opinion, inappropriate and/or in violation of the spirit of the game.  In response to a violation of the Terms of Use, Ganz may issue you a warning, suspend your Account or portion thereof, selectively remove, prohibit access to the Service or portion thereof, Content or tools, delay or remove hosted Content, revoke or garnish Virtual Items associated with your Account or immediately terminate any and all Accounts that you have established with Ganz.

Ganz reserves the right to terminate without notice any Account if its user is determined by Ganz, in its sole discretion, to be a “repeat infringer”.  You can lose your username and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased Virtual Items associated with your use of the Service, and Ganz is under no obligation to compensate you for any such loss or result.

In addition, Ganz may terminate or suspend your Account and/or access to all or part of the Service in the event Ganz ceases its operations and/or provision of any applicable products or services in connection with the Service.

You understand that Ganz provides access to the Service via the Internet through the use of servers, Sites and other technology. Notwithstanding anything to the contrary in the Terms of Use, Ganz reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and the agreement contemplated by the Terms of Use shall terminate.

Sections B, D, F-J, L-S of the Terms of Use shall survive any termination or discontinuance of the Service or your access to it.

1. Q.  JURISDICTION

Ganz administers and operates the Service from Ontario, Canada.  The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law.  If the arbitration and dispute resolution provisions contained herein are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to the Terms of Use shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under the Terms of Use shall be English.

If you choose to access and use the Service from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Nothing in the Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by the Terms of Use.  You might wish to consult with a legal professional in your own jurisdiction about the exact implications of the Terms of Use. 

Regardless of any statute or law to the contrary, any claim or cause of action against Ganz arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. R.  DISPUTE RESOLUTION

The Service is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to the Service, they can be sent to the attention of our Customer Service at this address. You may also contact Ganz by email at ganzworldsupport@ganz.com.   All issues related to the purchase of Virtual Items shall be brought to the attention of the eStore Customer Service team at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 from everywhere else around the world.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.

Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.

If you have a dispute with one or more Service users, you release the Ganz Group from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED COURT REVIEW. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THE TERMS OF USE.

Mandatory Arbitration – YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THE TERMS OF USE, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (”NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, ONE PEARCE ROAD, WOODBRIDGE, ONTARIO, CANADA L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF THE NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THE TERMS OF USE WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THE TERMS OF USE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THE TERMS OF USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THE TERMS OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions – BY ACCEPTING THE TERMS OF USE, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

1. S.  GENERAL

The Terms of Use (including all agreements and policies referenced herein) constitutes the entire agreement between you and Ganz with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Ganz with respect to such use are hereby superseded and cancelled. Ganz will not accept any counter-offers to the Terms of Use, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. The Terms of Use may not be assigned by you.

Ganz’s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Ganz of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Ganz and you or any other party be deemed to modify any provision of the Terms of Use. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of the Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of the Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of the Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from the Terms of Use. If you have purchased any licences to Virtual Items from ganzestore.com for use in the Service, such transaction shall be governed by the Terms of Use and the Ganz eStore’s User Agreement.

Please note that certain people are susceptible to epileptic seizures and loss of consciousness when exposed to certain flashing lights or light patterns in everyday life.  Such people may have a seizure while watching certain monitor images or playing games.  This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures.  If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using  the Service, immediately discontinue use of the Service and consult with your doctor.

The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Notwithstanding anything else in the Terms of Use, no default, delay or failure to perform on the part of Ganz shall be considered a breach of the Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ganz.

We know you want to try Amazing World and now your Webkinz pet can get a beautiful piece of Amazing World memorabilia too! That’s right! The brand new Amazing World Airship is available as an item in Webkinz World! Your pet can ride around their room, yard, or tree top in Spring Zone Style!

Want to know the best part? It’s easy to get!

Drum roll please! All you need to do is…

• Sign up for Amazing World! Did we mention that it’s free?

• Open your Amazing World journal and click the “LINK ACCOUNTS” icon. Then enter your Webkinz World username and password.

• Play Amazing World and level up your Experience Points (XP). You’ll win a fantastic prize once you reach Level  5, Level 10, Level 15, and Level 20 in Amazing World. There are different prizes for each XP level, with the grand prize being a heroic Amazing World Airship!

These prizes will show up automatically in your Webkinz World account and you will get a letter in the Webkinz Message Center that will let you know when you have won a prize!

For a limited time only, you can get a full Amazing World Membership, with all its bells and whistles, for 50% off!

Plus, when you register for a brand new Amazing World account, you will get an exclusive Launch Zing named Stardrop! Isn’t it adorable?!

How do you get an Amazing World Membership? It’s easy!

First things first, an Amazing World Membership must be purchased in Amazing World and can only be purchased through the account that you want to take to the next level with Membership.

So to get all the Spring Bay zaniness that you can handle, follow these instructions:

• Login or Create an Account on Amazing World
• Click the “Become a Member” button on the top right corner of the screen while you are playing the game.
• From there on, let the registration process guide you. You’ll be kickin’ back with Busky and the gang in no time!

You can now play a great new game from the Webkinz Arcade on your smart phone or tablet: Goober’s Atomic Adventure!

Match the atoms, isotopes, and ions to win KinzCash for your Webkinz Pet, then transfer that KinzCash to your Webkinz.com account to spend in the W-Shop!

Download the Webkinz Mobile App for Android or Apple to start playing Goober’s Atomic Adventure from anywhere!

Need some more information about the Webkinz Mobile App? Find it here!

He needs your help!

That’s a pretty scary robot!  And we need your help to stop it from DESTROYING Spring Bay in Amazing World!

You’ll need a team of your best friends to come with you!  It’s totally worth it since you’ll get this awesome Space Cadet Helmet for helping out!  GET STARTED – Visit Amazing World Today!

Hello everyone!

Available for you today are not one, not two, not three, but TEN GanzWorld Rewards for Amazing World!  Your Zing can dance the day away in Spring Bay wearing a Tutu, or show some Amazing World spirit wearing a slick varsity jacket.

Play Amazing World today and team up with your friends and lovable cast of characters to help save Amazing World from the evil Queen Vexa!

But wait there is still more!  

We have 5 eStore Webkinz World items too!  You can dress your virtual pet in some groovy bell bottoms or show how much you care about your pet with a best friends collar.

Here are all the new reward items for both Amazing World and Webkinz World:

Amazing World Items

• Amazing World Varsity Jacket
• Tutu
• Blue Baseball Cap
• Blue Hoodie
• Pink Shirt
• Purple Sports Shirt
• Red Baseball Shirt
• Green Button Up
• Pink Umbrella Hat
• Red Rocker Jacket

Webkinz World eStore Items

**UPDATE**

These items will be gone after November 10th!

• Disco Fever Bell bottoms*
• Eau de Skunk Perfume Poster*
• J. Russell Best Friends Collar*
• Jellyfish Diving Top*
• Sword in a Stone*

But don’t worry, we have five Webkinz World eStore items coming on November 11th!

• Wishing Well 2*
• Kinzville Cave Painting Rock*
• Chef Gazpacho Sandwich Maker*
• Taby’s Job Clock*
• Ultimate Sleepover Face Stickers*

*available for a limited time 

If you have a stockpile of Moneyz saved up, there is no better time than now to reward your Amazing World Zing and your Webkinz World pet!  If you are short a few Moneyz, don’t worry about it because earning Moneyz is simple.  You can earn GanzWorld Rewards Moneyz by reading articles, playing in the arcade, and participating in campaigns, quizzes, and polls, surveys and contests.

In addition, you can view all GanzWorld Rewards items available on Amazing World here and you can view all the current Webkinz World prizes available here.

Those nasty Nix are running wild around Amazing World. Your friends need your help to clear them away!

Introducing Team Play. Team Play is an awesome new feature in Amazing World which lets Zings work together to get rid of those little pests.

What is Team Play?

Nix are invading Neighborly Lanes? No worries! Just click the Team Play icon and choose ‘Do It’ to join in the fun. Together you and other Zings can stop the Nix in their path of destruction.  Run around and shoo as many Nix as you can. When your team clears all the Nix in the area you’ll each receive a reward for your perseverance.

Play TEAM PLAY in AMAZING WORLD now!

Get ready for Halloween in Webkinz World!

There’s a bunch of spooktacular events coming up. Get a preview of what’s going on right here on Webkinz Newz!

The Halloween Gift Box: 3 brand new prizes will be featured in the Halloween Gift Box! But you will have to log in on October 31st to get it! Stay tuned for details on what will appear in the box on Halloween Day!

Rickety Haunted Cottage: This Deluxe only haunted house will be available to Deluxe Members, but don’t get scared if you aren’t! Starting in early October, you’ll be able to win the Rickety Haunted Cottage through a quick and easy Challenge in Webkinz Friends and send it back to your Webkinz World account!

Learn more about the Rickety Haunted Cottage here!

Halloween Challenge: The Halloween Challenge begins on October 9th and will last for more than a month! Keep an eye on Webkinz Newz for details about what great prizes your Challenge will unlock!

Learn more about the 2013 Halloween Challenge here!

Halloween Clothing: Pretty soon the Halloween costume items will be coming in to the outlet. Make sure you’re saving your Kinzcash!

See the new Halloween Costumes for 2013 here!

Haunted House Room Theme: You’ll have to wait a few days to lay your eyes on this eerie Room Theme, but it will be available in the W Shop! Keep a scary space aside for this mysterious motif!

See the new Halloween Haunted House Room Theme here! 

Ghost in the Clubhouse: The days leading up to Halloween are some of the most exciting and Webkinz World is no different! Starting on October 20th you will be able to visit a mysterious ghost in the Clubhouse Reading Room every three hours. This ghost has some very delicious treats for your pet to collect and use to unlock a very special prize!

There will also be a multitude of special Halloween themed events happening on Webkinz Newz!

We’ll be releasing more and more details as these events get closer, so keep in touch with Webkinz Newz to know just what Halloween will bring this year in Webkinz World!

The Webkinz Mobile Pet app is now available for FREE on iTunes* … and on the Google Play Store**

*Must have an active iTunes Account

*Must have an active Google Play Account

You can see your whole family of Webkinz Pets, and you’ll be able to dress and feed them anywhere with a mobile or Wi-Fi connection!

You’ll also get daily spins on a special Wheel of Wow with unique prizes! Plus you’ll find games in the mobile Arcade where you can earn KinzCash to spend on Webkinz.com!

Stay tuned to Webkinz Newz for info about new features and updates!

It doesn’t matter if you’re always on the go – now you can take your Webkinz Pets with you anywhere!

The Webkinz Pet Care app works best on the following iOS devices: iPhone 3GS, iPhone 4, iPhone 4S, iPhone 5, iPod touch (3rd generation), iPod touch (4th generation), iPod touch (5th generation) and iPad. Requires iOS 4.3 or later. This app is optimized for iPhone 5.

The Webkinz Pet Care app works best on the following Android devices: Phone: Samsung S3, Samsung S4, Nexus 4, Samsung Note 2, Tablet: Samsung Galaxy Tab 2 10.1 (Requires Android OS 4.0 and up).

You’ve been asking for it and now it’s here! A brand new Arcade game that is open to ALL players!

Goober’s Atomic Adventure is a cool matching game where you line up three or more atoms, either vertically or horizontally, to clear them from the board. If you get a match of four, you get a charged atom which lets you clear a whole line when you match with it. A match of five gives you a supercharged atom that will clear all of one color. Make two matches of three or more with one atom to get an unstable atom that can be matched with two or more of the same color to clear all the atoms around it.

PLUS Goober’s Atomic Adventure gives you the option to purchase boosters with eStore points so you never have to worry about getting stuck on a level!

First game to save levels, first game to let you purchase power-ups – that’s a lot of firsts! So why not be the first one of your friends to try out Goober’s Atomic Adventure, the cool new Arcade game for everyone?

Sounds awesome, right? But guess what? That’s not all!.

Goobers’ Atomic Adventure saves your levels! So as you complete each level, you move on to a new level with new challenges and the Arcade stores your information and lets you pick up where you left off!

Have you played Skater Kat, one of 5 NEW games that are now in the Arcade?  If you finish the game by making it through all 16 levels, you’ll get a skateboard that your pet can ride! How cool is that? To celebrate the launch of the game, Webkinz World and Webkinz Newz are giving away pieces of Skater Kat’s outfit that can be worn by your pet! Look for the floating skateboard between July 29th and August 4th on Webkinz.com and click on it to get Skater Kat’s Board Shorts and Shirt.  Don’t forget to look for the floating Skater Kat Helmet on Webkinz News to complete your outfit. This giveaway is available from July 30th – August 4th

If you love Webkinz and you love playing games on your mobile device, then we’ve got big news for you! One of our most popular mobile apps is now FREE!

‘Where’s Wacky‘ is a fun memory game for your mobile device. Challenge yourself with this card-flipping memory game to find matching cards and earn KinzCash to send back to your Webkinz account. Challenge yourself with this card-flipping memory game to find matching cardsAnd now earning KinzCash has never been easier because this awesome game can be downloaded for FREE!

So download Where’s Wacky for FREE and take it with you to earn KinzCash on the go!

KinzChat PLUS™ members can make friends, play games, and chat with others from all over the world! While doing so, it is important to remember that KinzChat PLUS is here for everyone’s fun and enjoyment. All members must be kind and respectful to each other at all times and must follow the KinzChat PLUS Chat Rules (Rules), or “safe chatting” practices outlined below. No one should ever disclose personally identifiable information (personal information) about themselves, their friends, or family members and should never be offensive towards others.

Breaking any of the Rules may lead to one’s account being silenced or banned from KinzChat PLUS for a period of time, or permanently, depending on the severity of the offense. For serious or repeat offenses one’s account may also be banned permanently from the website. If you or your child sees anyone breaking the Rules, this can be brought to our attention by reporting them using the “Problem Reporting” feature. We will review the report and, if necessary, take appropriate action.

Please read and review the Rules below with your child to see what is NOT allowed. This will help ensure that you and/or your child continue to fully enjoy KinzChat PLUS and will help us keep it a fun, exciting place for all!

DISCLOSING PERSONAL INFORMATION:

• Discussing personal information (full name, phone #, address, email, school name/location, place of residence, i.e. city/town/village)
• Discussing other website profiles/usernames, personal website addresses, Instant Messenger names/handles
• Sharing Webkinz World™ account information (username or password)
• Sharing any other information that could disclose someone’s real identity

DICUSSING CONTACT OUTSIDE OF WEBKINZ WORLD:

• Discussing meeting other members in person
• Discussing making contact via phone, text message, or email
• Discussing chatting on other websites or Instant Messenger
• Discussing use of webcams, or sharing photos/videos

DISRESPECTING OTHER MEMBERS:

• Engaging in any form of bullying or harassment
• Using mean/rude language or behavior
• Making racist, prejudiced, or sexist remarks
• Displaying hateful social attitudes or beliefs
• Engaging in any behaviour that could ruin other members’ enjoyment

ENGAGING IN DISRUPTIVE BEHAVIOR:

• Attempting to or encouraging others to circumvent the chat filters
• Abusing the “Problem Reporting” system
• Making false claims about personal safety
• Claiming to be Webkinz World staff (or a relative of)
• Forcing or attempting to force other members to trade items
• Engaging in spamming (i.e. flooding the room with repetitive chat)
• Engaging in any other disruptive behavior

We have a new batch of Webkinz World prizes on GanzWorld Rewards for the month of July!

Start earning Moneyz on GanzWorld by playing in the arcade, reading articles, or entering a contest! It’s the only way you can get one of these totally amazing rewards!

Here are all the new prizes available right now!

• Babydoll Sports Dress
• Coconut Hat
• Digital Camera*
• Flying Chair
• Fun and Sun Beach Set*
• Kinzville White Tiger Lily Patcho*
• Lovely Larkspur Gargen*
• Mini Lark Spur Plant*
• Monkey Hoody
• Racing Jacket
• Sequin Heart Tee
• Shopaholic Directory*
• Spree Mall*
• Wheel of WOW*

And don’t forget, later this week, you can earn extra amount of Moneyz by participating in our first ever GanzWorld Moneyz ExtravaGANZa! So you can earn more Moneyz and use it to buy these cool prizes for your Webkinz World account!**

*Note, eStore Webkinz World items will be available on GanzWorld Rewards for a limited time only

**UPDATE: GanzWorld Moneyz ExtravaGANZa is happening right now!  For more information click here!

Ganz eStore is getting in on this sweet Festival too! During the Berry Festival the eStore will be selling three machines that dispense Jumbleberry Jam, Sugarberry Jelly and Pickleberry Relish. You can also buy a rustic sign for your Garden and Seed Packs that let you grow Berries yourself!

Plus – you can collect Jam Jars by visiting www.webkinznewz.com and clicking on the floating Jam Jar! You never know which flavor of Jam Jar you’ll receive so be sure to visit every day for a chance to win them all!  Learn More!

We have some new items available right now on GanzWorld Rewards for Webkinz World!

Add some spice to your room with a recording signal and garage band inspired flooring, or have your pet wear a cool trucker hat while jamming to some tunes on a boom box.

The four Webkinz World items are:

• Bengal Boom Box
• Blue Trucker Hat
• Garage Band Flooring
• Studio Loft Recording Signal

These prizes are all available by spending your GanzWorld Rewards Moneyz right here on GanzWorld! So play games in the arcade, read articles, or play campaigns to purchase any four of these items for your Webkinz World account!

Ganz Studios needs play testers!

If you meet the criteria, we could really use your help! We need kids in the Greater Toronto Area to help us try out awesome new features for our games!

Play testers would need to be available to come to our studio located at 1 Pearce Road in Woodbridge, Ontario.

We’re looking for girls and boys aged 6 to 12 who have not played Webkinz on Mobile for the following date:

• Friday, October 3rd 2014 @ 4:30 PM EST

Selected participants will receive a FREE Webkinz toy AND help to make an amazing game!

Once you send your e-mail, Jacob will contact you shortly to register you for the play test. Spots for play tests fill up fast so make you register ASAP!

Don’t worry if you can’t make this date- this won’t be our only play test! Just send an e-mail to the address above stating that you would like to put on the list for future tests and we’ll keep your name on our list!

If you LOVE collecting flowers, you can head over to Webkinz Friends on Facebook or the iPad to search for them and win!

If you can find 500 flowers by harvesting from buildings, you’ll win a gorgeous Blue Flowery Greenhouse to send back to Webkinz World!

Happy collecting!

Click HERE to learn about 3 new Challenges in Webkinz Friends!

Your friends need you!

Those nasty Nix are running wild around Amazing World. Your friends need your help to clear them away!

Introducing Team Play. Team Play is an awesome new feature in Amazing World which lets Zings work together to get rid of those little pests.

What is Team Play?

Nix are invading Neighborly Lanes? No worries! Just click the Team Play icon and choose ‘Do It’ to join in the fun. Together you and other Zings can stop the Nix in their path of destruction.  Run around and shoo as many Nix as you can. When your team clears all the Nix in the area you’ll each receive a reward for your perseverance.

Be the Zing with the Bling

As you and your friends clear the area, the Zing who chases away the most Nix gets to wear an awesome golden crown! But that’s not the only reason it’s great to be the Zing King (or Queen!) Keep it up and you may win Gold or Silver and enjoy extra rewards for your formidable Nix-clearing skills!

So be sure to visit www.amazingworld.com today to check out this cool new feature in Amazing World. No, really – we mean it – go now! Your friends need you!

THIS INFORMATION CAN ALSO BE ACCESSED THROUGH THE LINKS PROVIDED IN YOUR ACCOUNT CONFIRMATION EMAIL

READ BEFORE USING THE SERVICE                                     

Please note that all persons under the age of majority in their jurisdiction are required to have a parent or legal guardian read and accept the Terms of Use on their behalf and take full responsibility for compliance with the Terms of Use.

This document (“Terms of Use”), as amended from time to time, governs your use of any website (“Site”), and any online or mobile product or service (collectively and individually, the “Service”), on which the Terms of Use is posted, where such Site or Service is offered by Ganz, an Ontario partnership, located at One Pearce Road, Woodbridge, Ontario, L4L 3T2 Canada.  If you have any questions relating to the Site or Service, they can be sent to the attention of our Customer Service Representative at this address.  You may also contact Ganz by email at ganzworldsupport@ganz.com.

Unless stated otherwise, in each case, the Terms of Use are brought about for a single platform (e.g. a specific social network or operating system), and may cover one or more games.  Several Terms of Use may exist concurrently if the user plays Ganz-branded games on different platforms.  All supplemental terms and rules that apply to the Service, e.g. those regarding subscription-based services, on-line sales, rules for particular contests, social networking and other features and activities, form an integral part of the Terms of Use and are incorporated herein by this reference.

BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) MAY ACCESS OR USE THE SERVICE, READ THE FOLLOWING CAREFULLY.  BY CLICKING THE “I ACCEPT” BUTTON BELOW OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT SET UP AN ACCOUNT, PURCHASE A SUBSCRIPTION OR OTHERWISE USE THE SERVICE.  PLEASE PRINT A COPY OF THE TERMS OF USE FOR YOUR RECORDS.

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate websites and will go a long way toward ensuring that your children have enriching experiences online.

We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general.  You should regularly oversee the kids’ use of e-mail and other online communication and transactional features.

1. A.  AMENDMENTS

You understand that the Service is an evolving one.  Ganz may require that you accept updates to the Service accessed through the Site or installed on your authorized mobile device.  Ganz reserves the right to change, modify, add or remove portions of the Terms of Use, at any time, for any reason, with or without notice to you, or to do any of the following:

1. Modify, suspend or terminate operation of, or access to, any portion, applicable policies or terms, including hours or availability, features or functions of the Service;
2. Change any fees or charges, if any, related to your use of the Service;
3. Change the equipment, hardware or software required to use and access the Service; and
4. Interrupt the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Although the Service is accessible worldwide, the Service may not be available to all persons or in all geographic locations, or appropriate or available for use, outside Canada. You understand and agree that the Service is provided by Ganz and may be terminated or otherwise discontinued by Ganz at its discretion pursuant to the Terms of Use.  In particular, if you stop using the Service, we reserve the right to permanently erase your Account and everything associated with your Account, in-game currency balance or privileges that may have been licensed through the payment of money.  Currently, our policy is to terminate any Account that has not been active for eighteen months.

Ganz may find it necessary to update, or reset certain parameters to balance game play and usage of the Service.  These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or items under your control.  Ganz reserves the right to make these updates and is not liable to you for these changes.

Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, by electronic posting.  You agree to check the Terms of Use periodically for the new provisions that govern your use of the Service.  Your continued use of the Service following the posting of changes will mean that you accept and agree to them.

B. PRIVACY

Your privacy is important to us.  All information provided by you or collected by us in connection with your use of the Service will be collected and used in the manner described herein and pursuant to the terms of Ganz’s Privacy Policy (the “Privacy Policy”), where such Privacy Policy is incorporated and made a part of the Terms of Use by this reference.

You hereby acknowledge that Ganz has the right to obtain, without notification to you, (i) certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drive, central processing unit, IP address, and Internet browser for internal purposes; (ii) non-personal information from your connection to the Service for demographic purposes; (iii) information from your computer, software, and parts or portions thereof, including, without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” and/or “cheats” to gain advantage over other users. The information obtained will only be used as outlined in the Privacy Policy.

You expressly agree that we have the right, at all times, and in our sole discretion, to disclose any User Generated Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when we have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow us to satisfy any applicable law, regulation or governmental request; (c) to allow us to enforce  the Terms of Use, Privacy Policy or any other Ganz policy, (d) to protect our legal rights and remedies; (e) in other circumstances in which we believe that our Service is being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when we have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of Ganz, or for us to render the Service you have requested.

We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your use of the Service.  Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers are vulnerable to attack and cannot be guaranteed to be secure. 

C.  OTHER SITES

Through the Service, Ganz may provide links to other websites owned and/or operated by Ganz (collectively and individually, “Affiliated Site” and, in plural, “Affiliated Sites”) and other independent third-party websites.  Ganz is providing these links to you only as a convenience.  GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE OR THE AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.

The unaffiliated third-party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information.  These third-party sites may collect data or solicit personal information from you.  We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them.  Furthermore, the trademarks used in connection with such third party websites may not be trademarks of Ganz.  Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.

You understand that the Service may feature advertisements from Ganz or third parties.  Third party advertising service providers may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes.   Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs.  Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message.  Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.

We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.

Ganz’s disclosure of information for third party advertising is addressed in the Privacy Policy.  Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Site.

We have given users on webkinz.com (except Alumni and free users) an option of not viewing third party ads.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads.  This blocks all third party ads.  Please note that this option is not available to free or Alumni Webkinz users, but they may still opt out of third party tracking technologies by following the steps outlined above. Please note that if, after having opted out of 3^rd party ads, you clear your computer’s cache and/or cookies, or access webkinz.com from another computer, you will need to opt out of 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page.  If users do not opt out of 3^rd party ads again, they will still be opted out of any 3^rd party ad campaigns within webkinz.com.

Please note that, in some instances and geographical locations, you may not be able to either view or participate in ad-based activities due to conflicts with your system or internet provider, which are beyond our control.

1. D.    REGISTRATION

Subject to your agreement and continued compliance with the Agreement and any relevant Ganz Policy, Ganz grants you a non-exclusive, non-transferable, revocable limited licence to access the Service using Ganz supported web browsers or authorized mobile devices solely for your own non-commercial entertainment purposes.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.  You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.  By accessing or using the Service, including browsing any Affiliated Site or accessing a game, you accept and agree to the Agreement and Privacy Policy.  You may also be required to register an account on the Service (the “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, and/or have an account with the applications provider for your mobile device.

1. Your Account. Certain Content, as it is defined below, may be accessed and/or used by you without requiring registration or login.  In order to access and use other Content, you must sign up for an account (the “Account”).   Some part of the Service may be limited to users over the age of 18 (e-commerce transactions; games available through SNSs and on mobile devices).   You agree that you are entirely liable for all activities conducted through the Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GANZ. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.  You are responsible for any use of your credit card or other payment instrument (e.g. Facebook Credits) by minors.  If you have reason to believe that your Account with us is no longer secure, you must immediately notify us of the problem by e-mailing our Customer Service Representative.
2. Registration Process/Information.  You may register and set up an Account for free and should register all secret and feature codes (each, a “Code”) on the same Account.   At the time your Account is set up, you may be required to provide us with certain information about yourself, which may include personally identifiable information. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. You agree at all times to provide accurate, current and complete information about yourself as prompted by our registration form or otherwise. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and, at our sole discretion, to report you to the appropriate government authorities. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.

Free Accounts may have limited access to games, game environment, social networking and trading features available on the Service.  In order to receive full access to the Service, Free Account users must subscribe to the Service under one of the available subscription plans.

1. Passwords. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. Ganz will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.   We will use your username and password to identify you when you attempt to access the Service.

1. Screen Name.  As part of the registration process, you may be asked to select a screen name. We reserve the right to refuse to grant you or to terminate a screen name that:

(i)             impersonates someone else, including, without limitation, another user or a non playing character;

(ii)            is or may be

1. illegal;
2. protected by trademark or other proprietary right;
3. considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any screen name which is sexual in nature;

(iii)           is comprised of or includes any of the following

1. the name of a popular culture icon, persona or media personality, religious deity or figure, or your real name (e.g., “BarbaraWalters” or “JamesBond”);
2. the names (including “street” names) of any drug, narcotic or other criminal activity;
3. partial or complete sentences (e.g., “Iwillgetyou”);
4. gibberish (e.g., “Bgrewazx”);
5. “Leet” or “Dudespeak” (e.g., OMGnewb, xLOLx);
6. any rank and/or fantasy titles (e.g., “MajorDude” or “QueenKate”);
7. special characters (i.e., ASCII codes);

(iv)          is otherwise inappropriate, regardless of our software’s ability to disallow such screen names; and/or

(v)           which may mislead others to believe that you are affiliated with Ganz.

You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any screen name at any time and for any reason. If your screen name is canceled, and you wish to resume your use of the Service, you will need to re-register and obtain a new screen name.

1. Minimum Technical Requirements.  You understand and agree that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto. To make the Service experience more enjoyable, you will need, at a minimum,  high-speed Internet, monitor resolution of 1024×768, one of Windows XP, Vista or Mac OSX, Internet Explorer, Safari or Firefox, and Unity3D plug-in (available free online). These requirements may change and such changes will be posted on the Site and/or in the Terms of Use.  You and not Ganz shall be responsible for purchasing any necessary additional software and/or hardware in order to access the Service. If you download, access or use software through the Service, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable licence. Ganz keeps full and complete title to the Software and all Intellectual Property Rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

1. Beta Tests.  From time to time, Ganz may offer you the opportunity to review and evaluate one or more games prior to their commercial release for the sole purpose of evaluating the games and identifying errors.  This process is known as a “Beta Test”.  The beta games are provided for testing on an “as is” and “as available” basis and Ganz makes no warranty to you of any kind, express or implied, with respect to such beta games.  Furthermore, nothing herein shall be construed as granting you any rights or privileges of any kind with respect to the beta games. When playing some beta games, you may accumulate Virtual Items.  Such data may be erased when the testing phase is complete.  You understand and agree that the pre-release copy and all other Content provided to you by Ganz during the Beta Test are confidential and proprietary information owned by Ganz.  You agree as a condition of participating in a Beta Test to safeguard the pre-release Content and prevent its copying, reproduction or unauthorized access, disclosure or use.  Your obligation to keep the Beta Test Content confidential will continue until Ganz publicly distributes, or has otherwise disclosed it to the public, through no fault of yours.
   1. E.    CONTENT

All content offered by Ganz through the Service, including but not limited to games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animation, sound, musical composition, audio-visual elements, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design and appearance, (collectively and individually, “Content”) is owned, controlled or licensed by or to Ganz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada.   You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk.  Such Content is presented for entertainment and informational purposes only and is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice.

Subject to the Terms of Use and so long as you remain compliant with the Terms of Use, Ganz grants you a personal, non-exclusive, limited, fully revocable licence to use such Content in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post,  perform, display, create derivative works from, in any way exploit such Content or distribute it in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Ganz expressly permits in the Terms of Use. For clarification purposes only, a “derivative work based on” the Content is a work substantially similar, both in ideas and expression, to the Content. Similarity of ideas in the Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Content and the derivative works. Thus, if a work created by you or someone other than Ganz is likely to bring to mind the Content, then it is likely that such work is a derivative work of the Content, and as such may not be used for commercial purposes.

You may use information on Ganz products and services purposely made available by Ganz for downloading for your own personal, non-commercial use, provided that you agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary right notices affixed to such Content, or block visual elements adjoining such Content. Without limiting the generality of the Terms of Use, you shall not use any Content on any other website or network computer environment or in a manner that suggests an association with any of our Services or Ganz itself, or in a manner that disparages us.

Ganz reserves all rights in Ganz-owned and licensed Content that are not expressly granted to you in the Terms of Use.  Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.

We take great care and pride in creating the Service and Content posted on the Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will fix them.   Unfortunately, your home computer and/or mobile device may cause some glitches that effect how you see our Service and that is beyond our control.

If you experience any unusual behavior, content or ads on the Service, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Service is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Service and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser);
• Install a SpyWare Removal Tool to clean your computer of Malware, e.g.  Spybot Search and Destroy or AdAware;
• Install antivirus software;
• Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact our Customer Service team.

1. F.   SALES POLICY

From time to time, Ganz may offer, for “real world” money, licences to use (a) “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; (b) “virtual  in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services . You may also be able to obtain a licence to use eStore Items by redeeming third party virtual currency such as Facebook Credits.

You understand that, while at times you may “earn”, “buy” or “purchase” Virtual Items, these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of virtual currency do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited licence to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited licence referred to in the Terms of Use is a completed transaction upon receipt of your direct payment or redemption of a Ganz game card or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence.

All matters related to online purchases completed on the Service shall be governed by the Ganz eStore user agreement and privacy policy.  eStore Points deposited to your Account do not expire and cannot be transferred or refunded.  You are responsible for managing the eStore Points balance on your Account.  Ganz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Ganz in writing.  Accordingly, you may not sublicense, trade, sell, or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the game, without Ganz’s permission.  Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Where offered, you may place an order for Virtual Items by visiting the purchase page in the game and following the applicable rules. When you place an order, we may send you a confirmatory e-mail that will contain details of your order. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Ganz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Ganz is not a party to that transaction.

For Virtual Items, your order will represent an offer to us to acquire a licence which will be accepted by us when we make the Virtual Items available in your Account for you to use in our games or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from Ganz, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you order Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your order is placed with us.

1. In-Game Currency and Game Points. In-game currency is not a real currency or any type of financial instrument but rather a virtual token representing contractual permission from Ganz to access various features of the Service.  In order to obtain the in-game currency (e.g. eStore Points), you may be required to either use Facebook Credits, redeem a game card or provide us or another payment service designated by us with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). You may be awarded virtual currency for playing games and completing in-game challenges, or through certain of our promoted events. When offered, you may be able to exchange virtual currency for virtual currency used on an Affiliated Site, or transfer it to another user of the Service.  All Virtual Items obtained from Ganz in-game will be included in your Account until the earlier of your Account’s expiration or termination date, or such date when the Service is discontinued.  REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN THEM.   NO INTEREST IS PAID OR EARNED ON THE REMAINING VIRTUAL CURRENCY BALANCE.

1. Fees and Taxes. Our published fees and billing procedures apply to the payment of fees and are incorporated herein by this reference.  You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose.  When you provide credit card or other payment information to Ganz, you represent to Ganz that you are the authorized user of the credit card or other payment method.  We will automatically charge your chosen method of payment on a recurring basis for applicable Account fees or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so.  YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT AND YOUR CHOSEN METHOD OF PAYMENT.  YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THE TERMS OF USE, TERMINATION OF THE ESTORE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SERVICE. If you choose a recurring subscription to any Service, you acknowledge that payments will be processed automatically until you cancel the subscription or the Account.
2. Order Processing. If you place a Virtual Item order with Ganz, you warrant that (i) you are of the age of majority in your jurisdiction, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate, and (iv) you agree to pay all fees you incur, including all recurring subscription fees unless and until you affirmatively terminate the Service or Account in accordance with the steps outlined by Ganz.   Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order.  Where offered, you will receive an e-mail receipt from Ganz providing full details of your purchase/subscription as well as have the purchase recorded in your Account History.
3. Price Changes. Ganz may change prices and fees at any time, without notice. If you pay a periodic subscription fee, Ganz will provide you with notice of any change to the fee or billing method in advance.
4. G.  USER GENERATED CONTENT

While using the Service, you may be given the opportunity to submit to Ganz, among other things, (i) images, art, fiction and/or (ii) comments, suggestions, ideas, notes, feedback, concepts or other information (collectively referred to as “User Generated Content“).  User Generated Content may be solicited or unsolicited.  Except as expressly stated in the Terms of Use, its provisions apply equally to Unsolicited User Generated Content and Solicited User Generated Content (collectively and individually, “User Generated Content” or “Submission”). “Solicited User Generated Content” means those submissions (a) that we expressly request or enable you to provide to us via any feature or activity for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, contests and promotions); and (b) that you distribute for which you do not seek Consideration (such as through our social communication features).  “Unsolicited User Generated Content” includes any and all submissions that do not fall within the above subparagraphs (a) or (b).

By transmitting or submitting any User Generated Content through the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Generated Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be governed by the Privacy Policy. Ganz may, without prior notice to you, remove User Generated Content that appears to infringe the intellectual property or other rights of third parties.

DO NOT SUBMIT ANY UNSOLICITED USER GENERATED CONTENT; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited User Generated Content so please do not submit Unsolicited User Generated Content. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Ganz reserves the right to return such Submission without reviewing.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, including the right to sublicense and assign to third parties (collectively, “Intellectual Property Rights“) you own or control to copy, fix, use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, adapt, improve, reformat, manufacture, introduce into circulation, commercialize, publish, create derivative works based on, perform, sell, license, sublicense, transfer, rent, lease, transmit, provide access to electronically, enter into computer memory,  and otherwise exploit such User Generated Content, in whole or in part, in any way and in all media formats and channels now known or hereafter devised (including on any of the Affiliated Sites, on third party websites, on broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Terms of Use.   To the extent any “moral rights,” “ancillary rights,” or similar rights exist in or to such User Generated Content and are not exclusively owned by us, you hereby waive and agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from anyone who may possess such rights.

1. H.    CHAT AND FORUM PARTICIPATION

As part of the Service, Ganz may offer users various social communication features (e.g. discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback and interact in real-time) that permit users, consistent with applicable laws, to post comments, information and opinions visible to others. To the extent that the Service provides users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Ganz.

You further acknowledge that a large volume of information is exchanged through such Postings and that people occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums/chat rooms by you or other users of the Service.

WHEN USING THE SOCIAL COMMUNICATION FEATURES YOU AGREE NOT TO:

1. Disclose personally identifiable information of any person, including yourself, under the age of 13;
2. Disrupt the normal course and pace of postings or chat, including through: (i) use of a macro with large amounts of text; (ii) use of mechanisms causing the forum or chat screen to scroll faster than other users are able to read; (iii) hitting the return key repeatedly; (iv) excessive shouting through the use of the “all caps” key; (v) posting spam messages; and/or (vi) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages;
3. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other user; or
4. Participate in any action that, in our sole discretion, “scams” or otherwise defrauds any other user, including with respect to any items that a user has earned or otherwise obtained.

Under no circumstances will Ganz, any of its partners, affiliates, related companies, or any of their directors, employees, agents, distributors, licensees and licensors (collectively and individually, the “Ganz Group”) be responsible for any errors or omissions in the Postings, or for hyperlinks embedded in them, or for any loss or damage caused by your use of a social communication feature or reliance on the information posted through such feature.  You should be aware that, when you disclose information about yourself in a forum/chat room, the information is being made publicly available and may be collected and used by other Service users. When you disclose any information on the Service, you do so at your own risk.

Unless otherwise specified and except for the Service directed to children under the age of thirteen (13), there is no requirement or expectation that Ganz will monitor or record any online activity on the Service, including communications.  You acknowledge and agree that, despite the foresaid, we have the right (but not the obligation) to monitor our social communication features as well as everything that you and the other users transmit and post; to alter or remove any such materials; to ban Accounts that breach our Privacy Policy and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our users and visitors and/or to comply with legal obligations or governmental requests.

1. I.       CODE OF CONDUCT

By accepting the Terms of Use, you agree that you shall not:

1. Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your personally identifiable information or any other person’s or user’s personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) without the information owner’s express consent;

1. Impersonate another person (including celebrity), attempt to mislead others by indicating that you represent the Ganz Group, express or imply that any statements you make or actions you take are endorsed by us;

1. Download or copy any Content, except as may occur through the normal caching function of your browser and except to print and retain a copy of the Content for your own personal, non-commercial use, or reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized by the Terms of Use;
2. Sell, advertise, or post information on hacks for the Service, whether for free or for the commercial benefit of you or third parties;
3. Use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Use, harms minors in any way or to solicit the performance of any illegal activity or other activity which infringes the rights of Ganz or third parties, including without limitation, transmission of any content that

(i)             is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of another person’s privacy;

(ii)            infringes our or any third party’s Intellectual Property Rights or other rights, or that you otherwise do not have permission to transmit;

(iii)           carries viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of  destructive nature;

(iv)          contains any

1. material, non-public information about companies without the authorization to do so;
2. trade secret of third parties;
3. advertisements, solicitations, chain letters, contests, surveys, spamming, pyramid schemes, investment opportunities, duplicative or other unsolicited communication, commercial or otherwise (except as otherwise expressly permitted by us);

1. Improperly use in-game support or complaint buttons or make false reports to Ganz;

1. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.

1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting transmitted through the Service;

1. Engage in hacking, password “mining” or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence or take steps to change “game play” in any way, including, without limitation, by creating cheats and/or hacks;

10. Use any device, software or routine to access any Content, interfere or attempt to interfere with any transaction being conducted through the Service, or with any other person’s use of the Service; or

11. Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Ganz’s systems or networks, or any systems or networks connected to the Service or to Ganz.

1. J.     NO SPAM

The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

1. K.    CONTESTS AND OTHER PROMOTIONS

From time to time, Ganz or its suppliers and advertisers may conduct promotions on or through the Service, including without limitation, contests and games of skill (each, a “Promotion”). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of the Terms of Use (the “Rules”). If any conflict arises between the Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

In any Promotion, the following minimum rules shall apply:

1. We will tell you the number and type of prizes to be won;
2. Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
3. For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
5. Some games may have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
6. We will clearly advise you of the start and stop times applicable to the contest selected;
7. There may be limits on the number of times you may participate in the contest, so read the Rules carefully; and
8. Prizes will be awarded without undue delay.

By entering contests on social networks, you acknowledge having read and accepted privacy policies governing your activities on such social networks and accept the risk of having personal information of yourself or your child disclosed on such social networks.

1. L.   COMMUNICATIONS

To the extent permitted by applicable law, the parties have requested that the Terms of Use and all communications and documents relating hereto be expressed in the English language.  Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d’Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise.

If we provide you with a translation of the English language version of the Terms of Use, our Privacy Policy or any other documents related to the Service (collectively, “Ganz Policies”), then you agree that the translation is provided for information purposes only, may be updated with delay and does not modify the English version of the Ganz Policies.  In the event of a conflict between a translation of the Ganz Policies and the English version, the English version of the Ganz Policies will control.

You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.

1. M.  DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE, SITE OR CONTENT WITH WHICH IT IS LINKED.  THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME, FREE OF INACCURACIES, ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPPONENTS, OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE, OR ACCESS THERETO, AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE AND THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

GANZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GANZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL LOCATION.

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

1. N.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY, OR THAT OF THE GANZ GROUP, IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.

YOU AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIMS OR SUIT AGAINST ANY MEMBER OF THE GANZ GROUP, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL ITEMS; (II) A CLAIM FOR THE “VALUE” OF VIRTUAL ITEMS IF GANZ DELETED THEM (AND/OR TERMINATED YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES THE TERMS OF USE, (III) THE “VALUE” OF VIRTUAL ITEMS THAT YOU MAY LOSE IF GANZ DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO THE TERMS OF USE, OR FOR ANY MALFUCTIONS AND/OR “BUGS” IN THE GAME, AND/ OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL ITEM HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT GANZ HAS MADE OR WILL MAKE.

GANZ SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF GANZ, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND GANZ’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR OR MATERIALS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SERVICE EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE OR (II) USD$100.

1. O.  INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S) AND/OR YOUR USER GENERATED CONTENT; (III) YOUR PURCHASE OF ANY VIRTUAL ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH THE GANZ GROUP IN THE DEFENCE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

1. P.     TERMINATION

The Terms of Use shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Service. Upon our acceptance of your request, your Account will be terminated.  Ganz reserves the right to suspend or terminate your Account immediately and without notice if you are, or Ganz suspects that you are, (i) breach any of the provisions contained in the Terms of Use, (ii) willfully infringing any third party’s Intellectual Property Rights, or if we are unable to verify or authenticate any information you provide to us, or (iii) upon game play, chat or any user activity whatsoever which is, in our opinion, inappropriate and/or in violation of the spirit of the game.  In response to a violation of the Terms of Use, Ganz may issue you a warning, suspend your Account or portion thereof, selectively remove, prohibit access to the Service or portion thereof, Content or tools, delay or remove hosted Content, revoke or garnish Virtual Items associated with your Account or immediately terminate any and all Accounts that you have established with Ganz.

Ganz reserves the right to terminate without notice any Account if its user is determined by Ganz, in its sole discretion, to be a “repeat infringer”.  You can lose your username and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased Virtual Items associated with your use of the Service, and Ganz is under no obligation to compensate you for any such loss or result.

In addition, Ganz may terminate or suspend your Account and/or access to all or part of the Service in the event Ganz ceases its operations and/or provision of any applicable products or services in connection with the Service.

You understand that Ganz provides access to the Service via the Internet through the use of servers, Sites and other technology. Notwithstanding anything to the contrary in the Terms of Use, Ganz reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and the agreement contemplated by the Terms of Use shall terminate.

Sections B, D, F-J, L-S of the Terms of Use shall survive any termination or discontinuance of the Service or your access to it.

1. Q.  JURISDICTION

Ganz administers and operates the Service from Ontario, Canada.  The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law.  If the arbitration and dispute resolution provisions contained herein are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to the Terms of Use shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under the Terms of Use shall be English.

If you choose to access and use the Service from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Nothing in the Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by the Terms of Use.  You might wish to consult with a legal professional in your own jurisdiction about the exact implications of the Terms of Use. 

Regardless of any statute or law to the contrary, any claim or cause of action against Ganz arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. R.  DISPUTE RESOLUTION

The Service is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to the Service, they can be sent to the attention of our Customer Service at this address. You may also contact Ganz by email at ganzworldsupport@ganz.com.   All issues related to the purchase of Virtual Items shall be brought to the attention of the eStore Customer Service team at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 from everywhere else around the world.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.

Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.

If you have a dispute with one or more Service users, you release the Ganz Group from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED COURT REVIEW. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THE TERMS OF USE.

Mandatory Arbitration – YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THE TERMS OF USE, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (”NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, ONE PEARCE ROAD, WOODBRIDGE, ONTARIO, CANADA L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF THE NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THE TERMS OF USE WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THE TERMS OF USE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THE TERMS OF USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THE TERMS OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions – BY ACCEPTING THE TERMS OF USE, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

1. S.  GENERAL

The Terms of Use (including all agreements and policies referenced herein) constitutes the entire agreement between you and Ganz with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Ganz with respect to such use are hereby superseded and cancelled. Ganz will not accept any counter-offers to the Terms of Use, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. The Terms of Use may not be assigned by you.

Ganz’s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Ganz of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Ganz and you or any other party be deemed to modify any provision of the Terms of Use. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of the Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of the Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of the Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from the Terms of Use. If you have purchased any licences to Virtual Items from ganzestore.com for use in the Service, such transaction shall be governed by the Terms of Use and the Ganz eStore’s User Agreement.

Please note that certain people are susceptible to epileptic seizures and loss of consciousness when exposed to certain flashing lights or light patterns in everyday life.  Such people may have a seizure while watching certain monitor images or playing games.  This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures.  If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using  the Service, immediately discontinue use of the Service and consult with your doctor.

The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Notwithstanding anything else in the Terms of Use, no default, delay or failure to perform on the part of Ganz shall be considered a breach of the Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ganz.

THIS INFORMATION CAN ALSO BE ACCESSED THROUGH THE LINKS PROVIDED IN YOUR ACCOUNT CONFIRMATION EMAIL

READ BEFORE DISCLOSING INFORMATION

• Ganz is committed to protecting personal information of its Service users and clients.
• We don’t knowingly collect personal information from children under 13. 
• Parents are urged to supervise their children’s activities online.
• This policy applies to all information that identifies a particular individual.
• Personal information will be collected, used and disclosed in accordance with the form of consent required by law.
• Use of personal information is limited. 
• We take steps to protect personal information.
• We keep personal information for a reasonable period of time only.
• We may gather non-personal information by means of cookies, beacons and other technology.
• Ad companies collect anonymous data.  You have options. 
• Protect your personal information from disclosure on social communication networks.
• We provide links to third party websites only as a convenience.  Make sure to review their privacy policies.
• You have control over certain of your personal information.
• You can ask privacy questions.
• The Privacy Policy may change.  Review frequently.
• This Privacy Policy contains special provisions for users residing in California.  If these are applicable to you, please review them carefully.

Ganz is committed to protecting personal information of its Service users and clients.

Ganz, an Ontario partnership, together with its successors and assigns, is committed to protecting the privacy and confidentiality of personal information entrusted to us.  Ganz complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information Protection and Electronic Documents Act. Ganz will only use your personal information for the purposes intended and as detailed in the Privacy Policy unless we have obtained your consent to use it for other purposes.

This Privacy Policy is applicable to personally identifiable information (“PII”) of all users collected, stored or distributed through a website, mobile game or application (commonly referred to as “Apps”), on which it is posted (collectively and individually, “Service”).  When this Privacy Policy uses the term “PII” or “personal information”, we mean information that identifies a particular individual.  When certain other non-identifiable information is directly associated with PII, this other information also becomes PII for purposes of this Privacy Policy. Some jurisdictions may call personally identifiable information “personal data” or “personally identifying information,” and may include opinions about or related to a user within the definition of PII.

This Privacy Policy is designed to inform you about the information we collect and use and your options with regard to that collection and use of that information through the Service.  By use of the Service, or communications to or with us, you are agreeing to these terms. If you do not agree with any of these terms or the terms that govern the Service, please exit our site or delete our mobile game or application and do not submit information to us in any way.  By continued use of the Service and/or clicking “I agree”, you signify your consent to the collection and processing of both your personal information and your child’s user account information, and any resulting correlation of such information, as set forth in this Privacy Policy.

When you provide us with your or your child’s personal information, you acknowledge that the information will be stored and processed on servers located in Canada.  In the future, our business may require that we contract with service providers outside Canada to carry out certain functions on our behalf such as data back-up or storage.  In such situations, such service providers will be contractually obliged not to disclose your and/or your child’s personal information except where authorized to do so by law or by Ganz.  Should a need to transfer your and/or your child’s personal information arise, we will ensure that the selected service providers meet our privacy standards before we enter into contracts with them.  We will also require them to secure and maintain confidentiality over your information.

We don’t knowingly collect personal information from children under 13. 

Some parts of the Service offered by Ganz are not intended for children under the age of 13 and we do not knowingly collect information from children under this age through the Service.

For the portions of the Service that appeal directly to children under the age of 13, we incorporate into this Privacy Policy the following additional children’s privacy provisions. When your child is asked to provide personal information, we will provide you with an opportunity to consent to their disclosure of personal information in accordance with applicable law.

The information we collect from you or your child enables participation in the Service.

-       Registration.  During the registration process, the child may be asked to set up a user name and password.  Your child should not use any personally identifiable information as his or her user name, as this user name may be visible to others on the Service. You and/or your child may be asked to provide your email address to be used for recovering usernames and/or passwords.

-       Surveys and Feedback:  We may collect aggregate information in connection with surveys or other online activities that allow your child to give us feedback. We do not collect any personally identifiable information in connection with surveys or feedback requests, nor is the information provided connected to any personally identifiable information we may have about the child.

-       Service Management:  We may collect information through technology (such as logging IP addresses) for routine system administration purposes, to make our Service more interesting and useful to you and your child, or to manage content delivery. For instance, we collect IP addresses and use technology to track traffic patterns on the Service. Once your child has logged into the Service, we track your child’s activities by using logs of database transactions and server interactions. We also use this information to understand which areas of our Service are most appealing or least appealing and to deliver content that is specific to your country or area of residence. The Service may also use cookies, which are pieces of information that the Service sends to your child’s computer while he or she is viewing the Service. Cookies provide information to the Service so that the Service will remember the user. These technical methods may involve the transmission of information either directly to us or to our third party service providers who are subject to the protections described in this Privacy Policy. None of the information collected through these methods is connected to or associated with any other information about your child.

-       Email Communication from You:  If your child contacts us by email or enters an email address when participating in a contest, we use the email address only to respond one time to your child’s specific request and, if legally permissible, to notify them if they won a contest.

-       Mail Communication from You:  If your child wants to contact us by mail, and the Service provides a submission form for such communication, you may do so using such submission form. The submission form may ask for your child’s user name and name of his or her game character, and your (the parent’s) name and signature.

-       Chatting on the Service.  When using scripted chat on any of the Service, members select pre-constructed messages from chat menus. Members CANNOT type in their own messages, and no personal information can be disclosed.    In the restricted chat mode, messages are limited to words from our restricted dictionary, which is designed to prevent minors from including any personal information such as numbers, common proper names and place names.  Some areas of the Service may offer unrestricted chat – such chat is suitable to adults but is not to be used by children under the age of 13. We do not knowingly permit preteens to use unrestricted chat.  Please note that, in some instances, users relying on scripted chat may view messages posted by users relying on the restricted and/or unrestricted mode of chat. While users relying on scripted chat won’t be able to disclose their personal information, they may find content posted via restricted/unrestricted chat objectionable.

-       Safety and Security: We may collect your child’s name and your email address as well as other personal information, with applicable notice to you and consent, if necessary, for your child’s safety.  We may also collect your child’s name and email address for the limited purposes of protecting the security and integrity of the Service, taking precautions against liability, responding to the judicial process, as we may determine in our reasonable judgment is advisable to protect our users, ourselves, our partners, agents and providers, and the general public or for law enforcement on a matter related to public safety.

Parents are urged to supervise their children’s activities online.                     

Ganz urges all parents and legal guardians to supervise their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information online.  If you reside in the United States, we encourage you to visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about COPPA and children’s privacy.

If you are a parent or legal guardian and will be purchasing licenses for codes to Service-related products or services and sending the purchased codes to your child, please be advised that such activity may correlate your child’s user account information to your personal information obtained during the purchase process. Although Ganz does not generally correlate this data, in rare circumstances this may be necessary to assist with your use of the Service, or otherwise. In compliance with applicable laws we must inform you of the possible correlation and obtain your consent to such correlation should it occur.

This policy applies to all information that identifies a particular individual.

When you interact with Ganz, we may collect and store information from you directly as described below.  Ganz collects personal information that is voluntarily provided by you when you order a product, enter promotions, answer our polls or surveys, register on the Service, or communicate with us by mail, telephone or electronically. Ganz also collects personal and non-personal information automatically as described below. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history,  chat room communications, complaints you may have about our products or services, a record of promotions offered to you, and your Ganz product preferences.  Other information, such as your IP address, system information (including operating system, browser type, available software and hardware), whether you were referred to us by a search engine (including the search term(s) used to find us), and how much time you spend using the Service are collected to improve the Service and messaging efficiency, learn more about where our users come from and understand how our users use and ways to improve our Service.

We may allow you to “register” with us by using Facebook Connect or other Social Networking Service (“SNS”) authentication options to create an account or profile on the Service.

If you access the Service from a third party SNS, you may be required to also read and accept the SNS Terms of Service and Privacy Policy.  The information you allow Ganz to access varies by game and SNS, and it is affected by the privacy settings you establish at the SNS.  By accessing the Service through an SNS, you are authorizing Ganz to collect, store, and use in accordance with the Privacy Policy any and all information that you agreed the SNS could provide to Ganz through the SNS Application Programming Interface (“API”).  Your agreement takes place when you “accept” or “allow” (or similar terms) one of our applications on an SNS.

Personal information will be collected, used and disclosed in accordance with the form of consent required by law.

We reserve the right to collect, use, and disclose your and/or your child’s personal information without consent where required or permitted by law.  Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending on the circumstances and sensitivity of the information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send you the items ordered) or inaction (e.g. by not exercising an ability to opt-out). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Use of personal information is limited.

Ganz collects personal information for the following reasons:

-       To provide you with the products or services you have requested, including processing your payment;

-       To better understand you, to allow us to serve you better through enhanced products, customer service and directed promotional efforts of particular interest;

-       To properly investigate and respond to any complaints, questions or concerns you may have about our products or services; and

-       To determine your eligibility for our products and the Service.

If you opt in to receive offers, promotions or other information from Ganz, your information will be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. If you have opted in to receive these offers, we may also use your personal information to ensure that your contact information is accurate and up to date.  Ganz does not collect, use or disclose your personal information for online behavioral advertising purposes.

Ganz may share your and/or your child’s personal information with the other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent required to fulfill the purposes identified in this Privacy Policy.  You may request that Ganz not share your and/or your child’s personal information with any of the other members of the Ganz corporate group by contacting us as described below.

In addition to this inter-corporate sharing, Ganz may disclose personal information to third parties as follows:

-       To Third Parties To Perform Processing and Other Specialized Services:  At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, legal and security audits, payment processing, data analysis, e-mail delivery. These service providers are only given the information needed to perform those services and they are bound contractually to protect the confidentiality, privacy and security of your information and to limit the use of your information to the service being provided. 

-       To Third Parties in the Event of Legal Reasons:  We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company’s rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against what we believe in our sole and absolute discretion to be a misuse or unauthorized use of our Service; or (e) in emergencies, such as when we believe our or our affiliate’s integrity requires protection or someone’s physical safety is at risk.  In some cases, disclosure may be required by law to be without notice to you.

-       To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving Ganz or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to Ganz’s customer lists and various databases as part of the due diligence process. In this event, Ganz would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to Ganz’s successor-in-interest to be used only for the purposes for which it was collected.

We take steps to protect personal information.

Ganz has implemented physical, electronic and administrative measures to protect your information from error, loss or unauthorized access. For example, we use industry-standard efforts, such as passwords, firewalls and Secure Socket Layers, to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose.

We keep personal information for a reasonable period of time only.

We keep your information for a period reasonably necessary to meet the purposes for which it was collected, for the security of Ganz and the Service or to protect users, the public or third parties and to comply with any legal requirements, including statutory retention periods and corporate best practices.

We may gather non-personal information by means of cookies, beacons and other technology.

We may gather non-personal information on an anonymous, aggregate basis.  This information is not kept, used or disclosed at the individual level, but may be disclosed to third parties on an anonymous, aggregate basis. We may collect such information through unique identifiers such as cookies (which may be HTML files, Flash files, or other technology), web beacons, or similar technologies for analytical purposes, routine system administration, to make our Service more interesting and useful to you, or to manage content delivery. For instance,

-       We use technology to track traffic patterns on the Service. Once you have logged into the Service, we track your activities by using logs of database transactions and server interactions. We also use this information to understand which areas of our Service are most appealing or least appealing or to deliver content that is specific to your country or area of residence;

-       We use cookies, small text files stored on your hard drive, not our Service, which allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use the Service, which in turn helps us to focus our resources on features that are most popular with our users.

Ad companies collect anonymous data.  You have options. 

From time to time, we may use third-party advertising service providers to serve ads on the Service. These companies may use cookie-based ad serving technology for the purpose of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting, provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes.  Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs.  Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message.  Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

Although the third-party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third party, it does not control their sites or policies and practices regarding your information.

This Privacy Policy does not cover any use of information that third-party advertising service providers or advertisers may collect from you. We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third-party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org.  Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.

We have given users of webkinz.com (except Alumni and free users) an option to limit third party ads.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area  and select the limit ads option.  Please note that the option is not available to Free and Alumni Webkinz users but they may still be able to opt out of third party cookies by following the steps outlined by your web browser provider.  If, after users have selected to limit 3^rd party ads, they clear their computer’s cache and/or cookies, or access webkinz.com from another computer, they will need to limit 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page. If users do not select to limit 3^rd party ads again, 3^rd party ad campaigns within webkinz.com will still be limited.

Protect your personal information from disclosure on social communication networks.

Please note that any information that you submit in online chat rooms and public user profiles, on message boards or in similar forums on the Service can be read, collected, or used by others.  Your passwords should be both easy to remember, but hard to guess and not shared with anyone (other than a child sharing their passwords with their parents or legal guardians). You should not access your account from a shared computer or device or a public computer or device to avoid the unauthorized accessing of your account. It is recommended that you not store your logins/passwords on your computer or device in case it falls into the hands of someone else. Please note that Ganz is not responsible for information you choose to submit in the forums, nor anyone accessing your account through the use of your passwords or otherwise.

We provide links to third party websites only as a convenience.  Make sure to review their privacy policies.

While using the Service, you may, through hypertext or other computer “links,” gain access to other websites on the Internet which are not operated by Ganz. Ganz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ganz of the website linked to. WHILE THESE LINKS HAVE BEEN REVIEWED AT THE TIME THEY ARE POSTED, WEBSITES AND SERVICES CHANGE FROM TIME TO TIME AND WE CANNOT GUARANTEE THAT THEY REMAIN APPROPRIATE FOR CHILDREN, SAFE, PRIVATE OR SECURE. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON THE SERVICE. Unless otherwise indicated on the Service, Ganz is not sponsored by or affiliated with the linked websites, and trademarks used in connection with the linked websites are not trademarks of Ganz. You should be aware that each of these third-party websites or services is governed by a different set of terms and policies with respect to the collection, use and disclosure of your personal information. Make sure to review their privacy policies before using them and preview them for appropriate content before allowing your children to access them.

You have control over certain of your personal information.

You have choices over how we collect, use and disclose certain of your personal information for certain purposes. Those have been indicated below. But note that if you use the Service, you must agree to our terms of use and the terms of this Privacy Policy without exception. Any comments or questions you may have regarding the collection, use and disclosure of your personal information should be directed to Ganz.

You may choose not to receive certain email from us, even after granting permission initially, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email. (You may not unsubscribe from communications related to your Account administration or the processing of your transactions.)  Certain jurisdictions require that we provide a copy of the personal information we have on file about your or your child. If your jurisdiction requires this, unless otherwise required by applicable law, all requests for a copy of the personal information we have on file about you, and requests to delete such information, must be made in writing and by postal mail addressed to: Privacy Officer, Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada. Ganz may require that you identify yourself to our satisfaction. In the event that you are unable to identify yourself or your legal rights to obtain your child’s personal information we have on file, Ganz may, consistent with applicable law, decline to provide this information. If we so decline, we will provide the reason(s).

Personal information provided by email may not be secure, and  you assume the risks associated with your email transmission or our reply.

You can ask privacy questions.

If you have any questions or comments about Ganz’s Privacy Policy, or need to contact us with respect to a privacy concern, please contact us at privacyofficer@ganz.com by email. (Children should have their parents submit any questions or comments on their behalf.) You can also write to: Privacy Officer, Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada, or submit your inquiry via facsimile: 905-851-7427. 

The Privacy Policy may change.  Review frequently.

This Privacy Policy outlines the information usage practices of Ganz. By accessing, browsing or using this Service or by submitting your and/or your child’s personal information to Ganz, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree to this Privacy Policy, please do not submit personal information to us or use the Service.

We reserve the right to modify this Privacy Policy and our terms of service at any time and from time to time. If there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Service. You may also be prompted to elect whether or not you agree to the change, if required by applicable law. Note that you may be unable to utilize the Service if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised Privacy Policy, which may be communicated by clicking to indicate your consent for the continued use of the Service or the provision of your personal information to Ganz following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes.

This Privacy Policy contains special provisions for users residing in California.  If these are applicable to you, please review them carefully.

Under California Civil Code Section 1798.83 (also known as S.B. 27 or the “Shine the Light” law), if you are a California resident and your business relationship with Ganz is primarily for personal, family, or household purposes, you may request certain data regarding Ganz’s disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes. To make such a request, please send an email message to privacyofficer@ganz.com with “Request for California Privacy Information” in the subject line; you may make such a request up to once per calendar year. If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27′s requirements.

THIS INFORMATION CAN ALSO BE ACCESSED THROUGH THE LINKS PROVIDED IN YOUR ACCOUNT CONFIRMATION EMAIL

Ganz is committed to being highly responsible in our approach to advertising and the advertisers we allow on this and other Ganz Websites (collectively and individually, the “Website”).  Although Ganz may adapt the Ad Policy from time to time, our current approach to advertising may be summed up as follows:

-       Advertisers must represent quality, family-friendly products and services;

-       Prizes that can be won from advertising initiatives will not be branded within the Website;

-       We offer active Webkinz World users an easy-to-activate option of not viewing third party ads.

Ganz may allow other companies, called ad networks, to serve advertisements on the Website. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.  Such third parties advertising on the Website may use cookies and web beacons while serving ads to you:

(a)   Web beacons may be used to do analytics and research.  In particular, web beacons are electronic files that allow a website to count users who have visited that page or to access certain cookies;

(b)   A cookie is a small amount of data that may be stored on the hard drive within your browser.  Cookies may be used to “identify” a web browser and manage the ad serving process.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Check the “Help” menu of your browser to learn how to change your cookie preferences.  If Adobe Flash Cookies are used(when the served content contains video clips or animation, for example), you may need to access your Flash management tools from the Adobe website (www.adobe.com) directly. If you reject all cookies, you may not be able to take full advantage of all offerings, including products or services that require you to “sign in” to use.

All advertising content served on the Website must be approved by Ganz before appearing on it.  At the same time, Ganz reserves the right to unilaterally omit or cancel, following publication, those ads that violate our advertising standards outlined in this policy.

Furthermore, we have given active Webkinz World members an easy-to-activate option of not viewing third party ads within that Website.  To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads.  This blocks third party ads within the Website.  Please note that the option is not available to Free and Alumni Webkinz users but they may still be able to opt out of third party cookies by following the steps outlined by your web browser provider.  If, after users have selected to limit 3^rd party ads, they clear their computer’s cache and/or cookies, or access webkinz.com from another computer, they will need to limit 3^rd party ads again in order to prevent 3^rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page. If users do not select to limit 3^rd party ads again, 3^rd party ad campaigns within webkinz.com will still be limited.

Third party use of cookies and web beacons is subject to their own privacy policies.  Our Privacy Policy describes how we treat personal information.  In particular, Ganz does not provide any personal information to the advertiser when you interact with or view a third party ad on the Website.

Contests, sweepstakes and giveaways hosted on the Website may be sponsored or co-sponsored by Ganz, or may be sponsored by companies other than Ganz.  Third parties that host such promotions may collect and use your information in accordance with their own privacy policies.  We strongly recommend that you review their privacy policy before disclosing any personally identifiable information on the promotion registration form.

Information about your visits to this and other sites may be used over time to help predict your interest and select the ads you see.  Visit the Network Advertising Initiative (http://networkadvertising.org) to get more information on the choices you have about not having any information gathered about you online used to serve ads to your browser.

All character and game names, certain other names, graphic, logos, icons, designs, words, slogans, titles and phrases on the Website constitute registered and unregistered trademarks of Ganz, some of which are registered in the US and other countries  (the ”Marks”). Such Marks are identified with an ® or ™ symbol, or a differentiating font style.

Some trademarks on this Website may be owned by other parties who have granted Ganz a licence to use their marks. These marks are identified with symbols other than those reserved for Ganz.

© 2005-2013 GANZ. ALL RIGHTS RESERVED.

Any textual or graphic material you copy, print, or download from the Website is licensed to you by Ganz for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

Hello Amazing World fans!

You can get brand new Amazing World items for GanzWorld Rewards this May!

Adorn your Zing with a princess’ crown, sit on a beautiful Castle Throne, hook your Zing up with some high tech gear, or don your very own shining armor to quest your way through Amazing World!

The items are:

• Knight Shield- Wear this stylish shield on your back!
• Knight Armor- Dress your Zing up like a proud knight!
• Knight  Gloves- Never break a nail in a joust again!
• Knight Pants- Who knew metal pants were so slimming?
• Knight Helmet- Having a bad hair day? No one will know!
• Knight Boots- Tired of stubbing your toe? Wear these boots!
• Enchanted Tiara- Your Zing will feel like a princess!
• Castle Throne- Your Zing will look very regal on this throne!
• Tech Pack- Cosmo designed this high tech backpack himself!

These prizes are all available by spending your GanzWorld Rewards Moneys right here on GanzWorld! So play games in the arcade, read articles, or play campaigns and you’ll be outfitted with these incredible Amazing World items in no time!

Webkinz Players: create an Amazing World account (for FREE!)  to win an exclusive prize for your pet’s room in Webkinz World!

Bloom’s Amazing Tree is an exquisite addition to any outdoor room! This beautiful tree is ONLY available if you get to level 10 in Amazing World and link your accounts.  Scroll down to learn more!

It’s easy!

1) Sign up for your FREE Amazing World account.

2) Go to your Amazing World Journal and click the link to enter your Webkinz World username and password.

3) Complete Amazing World Levels 1 to 10.  Once you have achieved level 10, you will receive theDouble Play Achievement!

4) The next time you log in to Webkinz World, Bloom’s Amazing World Tree will be waiting for you in your dock.

It’s that easy!

So be sure to head on over to Amazing World today and earn Bloom’s Amazing Tree!  It’s going to be AMAZING!

If you are under the age of 18, please ask your parents for permission before proceeding.

FREE Apps from Ganz Studios:

Webkinz Friends™

The loveable pets of Webkinz™ are at your fingertips with Webkinz Friends™

Cloud Corral™ Lite

Play as Zoom to clear the skies of clouds, but watch out for troublemakers like Storm clouds and other opponents as they try to stop you!

Thrill Mountain™

Ganz Studios™ proudly presents an all new Amazing World game exclusively for the iPad, iPhone, and iPod Touch!

Frocket™ Lite

Frocket is the most pulse-pounding, fire-flying, jet-packing game starring a swamp creature since… EVER! So strap on your rocket and crank your awesome notch to mach-chicken!

More Apps from Ganz Studios:

Hoppy Little Rocketship™

Hoppy Little Rocketship has bounced from the Webkinz™World Arcade to the App Store! Play on your iPad, iPod Touch or iPhone.

Cloud Corral™

Play as Zoom to clear the skies of clouds, but watch out for troublemakers like Storm clouds and other opponents as they try to stop you!

Go-Go Googles™

Jump into Buzzerflies to keep them from touching the Gozium Bramble. It’s time to Go-Go Googles!

Where’s Wacky™

Search for Wacky Zingoz in this great game from Webkinz World™!

Cash Cow 2™

Remove groups of milk bottles to score big and fill the level bar! Watch out for cracked bottles that can spoil your day!

Smoothie Moves™

Help Blanche fill her drink orders by clearing the path of fruits and ice cream coming her way!

Polar Plunge™

Help navigate Innushuk down the mountain, avoiding trees, snowmen and igloos! Gameplay is simple: tilt to speed up and slow down, tap anywhere to jump!

Goober’s Lab™

Switch the atoms to make rows of 3 or more to fill Goober’s beaker before the time runs out. Watch for unstable atoms – use them in a line for bonus points!

We have some exciting newz to share!  The Webkinz Road Trip is back in 2013!

We are so excited to announce that the van is hitting the pavement once again!

Check out the Road Trip Map for event dates!

More dates and details to come so stay tuned to GanzWorld!

Good Newz!  The Road Trip is back on the Road in 2013!

We are so excited to announce that the van is hitting the pavement once again!

Check out the Road Trip Map for event dates!

More dates and details to come so stay tuned to GanzWorld!

Hi!  Rune here, from Amazing World!  Are you an expert treasure hunter?

Come visit me in Amazing World for more treasure hunting adventures!

To complete this Webkinz Newz Treasure Hunt, follow the clues around Webkinz Newz to find the Treasure at the end!

Rune’s Treasure Chest is exclusively available to win during this Treasure Hunt Event!

Each clue will lead you to a different part of Webkinz Newz. Once there you will see the next Treasure Hunt clue.

Click HERE to get started NOW!