SLIDE VIRTUAL GOODS AGREEMENT

Last Updated November 7, 2008

This agreement (this “Agreement“) contains the terms and conditions that apply to you if you participate in one or more “Slide Virtual Goods Program.“ (as more fully described below), including (i) “Premium Superpoke!”, “Premium Superpoke! Pets”, or “Premium Slide” subscription services, (ii) “Premium Superpoke!”, “Premium Superpoke! Pets”, or “Premium Slide” a la carte services, and (iii) “Slide Virtual Currency”, known as “Coins“, “Top Dollars” or “Slide Gold“.

THIS AGREEMENT, TOGETHER WITH THE TERMS OF USE AND PRIVACY POLICY APPLICABLE TO ALL USERS OF THE SERVICES PROVIDED BY SLIDE, INC. (THE “COMPANY”), SLIDE INTERNATIONAL ONLINE LIMITED (“SLIDE INTERNATIONAL”) AND/OR ANY OF THEIR AFFILIATES FORM THE BINDING LEGAL AGREEMENT YOU HAVE WITH US, AND YOU SHOULD READ IT CAREFULLY TO BE SURE YOU UNDERSTAND ITS TERMS.

If you have initiated your participation in a Slide Virtual Goods Program from an IP address that is inside the United States, then this Agreement is between you and the Company. If you have initiated your participation in a Slide Virtual Goods Program from an IP address that is outside the United States, then this Agreement is between you and Slide International. References to “Slide” herein shall be deemed to be references to either the Company or Slide International, depending upon which entity is contracting with you. Users who have initiated participation in a Slide Virtual Goods Program are referred to herein as “Subscribers” regardless of whether that user has signed up for an “a la carte” service or a subscription service.

SLIDE RESERVES THE RIGHT TO AMEND THIS AGREEMENT FROM TIME TO TIME, AND CONTINUED ACCESS TO AND USE OF THE SLIDE VIRTUAL GOODS PROGRAMS AFTER SUCH AMENDEMENTS ARE PUBLISHED CONSTITUTES ASSENT TO THE TERMS OF THIS AGREEMENT AS SUCH TERMS MAY BE AMENDED. IF YOU DO NOT WISH TO ASSENT TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THE SLIDE VIRTUAL GOODS PROGRAM IMMEDIATELY AND REMOVE ANY RELATED FEATURES FROM YOUR COMPUTER AND YOUR SOCIAL NETWORK PAGES.

There are age requirements that apply to your use of the Slide Services (as defined and more fully described in our Terms of Use), but we remind you here that if you are under 13 years of age, you may not use any of our Services and if you are not an adult, you must get consent from a parent before you can become a Subscriber. If you become a Subscriber in violation of these requirements or you are a parent and discover your child has become a Subscriber without your permission, you must contact our customer service representatives by email at Subscription@slide.com and terminate your (or your child's) use of Slide's Virtual Goods Programs immediately. Capitalized terms used in this Agreement and not otherwise defined shall have their respective meanings set forth in the Slide Terms of Use.

SLIDE VIRTUAL GOODS PROGRAM:

The Slide Virtual Goods Programs provide you with a variety of services, which currently include the ability to send communications to other users (“Premium SuperPokes!”), to interact with virtual animals (“Premium SuperPoke! Pets”), to personalize your SNS profile and/or interact with your friends (“Premium Top Friends” services) or to use Skins, transitions, backgrounds, or other features (“Premium Slide Features”) that are made available to Subscribers either on a subscription basis or on an a la carte basis. In the future, Slide Virtual Goods Programs may also provide you with the ability to access Content and social networking features that we make available through the Slide Service, as defined in our Terms of Use. You should be aware, however, that nothing in this Agreement prohibits Slide from offering such features to other users free of charge either as part of a promotion (“Promotional Offers”) or following some period of time simply as part of Slide's offering of free services.

We reserve the right to make premium features available only to Subscribers in good standing and we also have the right to discontinue, modify, or otherwise make changes to any of the features and to the Content and circumstances to which these features apply, at any time or to offer such features to other users free of charge. In fact, it is anticipated, and you hereby specifically agree, that we may change which “SuperPokes!” are included within the definition of Premium SuperPokes!, which pets and pet characteristics are included within the definition of Premium SuperPoke! Pets, and which features are included within Premium Top Friends services or Premium Slide Features at any time and without notice to you. In the event that we cease to provide at least one Premium SuperPoke!, Premium SuperPoke! Pets feature, one Premium Top Friends service or one Premium Slide feature, as applicable, during substantially all the days of a given calendar month, we will waive the corresponding subscription fee for that month, and for any subsequent month until we again offer such features. We have no obligation to make any particular feature available and we reserve the right to discontinue offering any feature at any time, provided only that we waive subscription fees as provided in the previous sentence. YOU HEREBY SPECIFICALLY AGREE THAT WE HAVE NO LIABILITY TO YOU IF ANY PREMIUM FEATURE DOES NOT FUNCTION OR FUNCTION PROPERLY FOR ANY REASON, IF WE CEASE OFFERING ANY SPECIFIC FEATURE, OR IF WE CHANGE THE METHOD OF DELIVERY, STYLE, CHARACTER, CONTENT OR ANY OTHER ELEMENT OF SUCH FEATURE, OTHER THAN TO WAIVE YOUR SUBSCRIPTION FEE OR OTHER FEES FOR ANY CALENDAR MONTH DURING WHICH WE DO NOT OFFER AT LEAST ONE PREMIUM FEATURE FOR SUBSTANTIALLY ALL THE DAYS OF THE MONTH. AS DISCUSSED BELOW, YOUR SOLE REMEDY AGAINST US FOR ANY CLAIM IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU DURING THE THIRTY (30) DAYS PRIOR TO THE TERMINATION OF YOUR ACCOUNT.
1. FEES FOR PREMIUM SERVICES
  
  Slide Virtual Goods Programs may require the payment of monthly fees or a per use fee. In general, those fees are set forth on the summary page from which you signed up to participate in such program, as well as on Slide's schedule of rates which can be found at www.slide.com/static/fees. Slide reserves the right to change subscription fees payable with respect to subsequent periods as well as fees for any other services at any time, and any such changes will be reflected in charges for your subscription and/or any other services you use payable following revision of Slide's schedule of rates. IN ADDITION, WHEN YOU USE OUR WIRELESS SERVICES YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER. See our terms of use for more detail. Please read this subscription agreement carefully - other charges may also apply to you.
  1. MONTHLY SUBSCRIPTIONS
    
    If you choose to purchase PREMIUM SUPERPOKE!, PREMIUM SUPERPOKE! PETS, PREMIUM TOP FRIENDS or PREMIUM SLIDE services on a subscription basis, you must pay the subscription fee each month to maintain your subscription in good standing, regardless of whether you actually use any Premium SuperPokes!, interact with any Premium SuperPoke! Pets, use any Premium Top Friends features or whether any of your Slide Shows used Premium Slide Features. You may cancel your subscription at any time. If at any time you wish to cancel or change your Subscription, you must go to www.slide.com/static/fees, and follow the instructions on that page to terminate or change your subscription.
    
    From time to time we may offer promotions that provide a free period of use of subscription services to certain users or offer free Slide Virtual Currency which may be used to purchase Premium Slide Features. If we make you such an offer and as a result you become a Subscriber or continue your Subscription, then, at the conclusion of such free period, we will begin charging you for your subscription, unless we provide otherwise in the promotional materials regarding such free period of use or such free Virtual Currency. If such a promotion is available to you as an existing Subscriber, we may prorate your monthly fee, defer your billing for the promotional period, give you an extension at the end of the month or any other mechanism and we will describe that to you in the details of the promotion. If you are given a period of time to use all or any portion of our Slide Virtual Goods Program without charge before your first monthly fee becomes due, you have the right to cancel your subscription without paying the first monthly fee by going to www.slide.com/static/fees, logging into your account and following the instructions on that page, but in order to avoid paying the first monthly subscription fee, you must do so at least 24 hours before the “no-charge” period ends. If you give us less than 24 hours notice, we may still be able to cancel your subscription, but if we cannot you will be responsible for the first month's subscription fee in full, without a right to any refund.
  2. A LA CARTE SERVICES
    
    Slide may also offer the right to participate in Slide Virtual Goods Programs on an a la carte basis. In that event, the fees and the related services will be as described on the page from which you agree to purchase the particular service, and will be more fully described on www.slide.com/static/fees.
2. PAYMENT; NO REFUNDS.
  
  All billing is through your PayPal or credit card account and you agree to pay the fee at the rates in effect for your services. If you sign up for a monthly subscription, we will renew your subscription monthly unless you go to www.slide.com/static/fees and cancel or change that subscription. We reserve the right to change our subscription fee upon notice to you as described in this Agreement. If you don't pay the monthly fee or your credit card company does not make payment to us, you will no longer be considered a Subscriber in good standing and we have the right, without notice, to suspend, cancel or terminate your subscription and your right to use our Subscription Services. All fees are non-refundable and are due and payable in accordance with the policies applicable to your subscription described at www.slide.com/static/fees. The fees, charges and payments described in this Agreement, do not include taxes and charges for third party services for which you are solely responsible.
VIRTUAL CURRENCY
1. IN GENERAL
  
  You acknowledge that the Slide Virtual Goods program includes a component of fictional currency (“Coins”, “Slide Gold”, “Top Dollars” and collectively “Slide Dollars”), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Slide. Slide may charge fees for the right to use Slide Dollars, or may distribute Slide Dollars without charge, in its sole discretion. Regardless of terminology used, Slide Dollars represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Slide at any time, unless this Agreement is amended to so provide. You agree that Slide has the absolute right to manage, regulate, control, modify and/or eliminate such Slide Dollars as it sees fit in its sole discretion, in any general or specific case, and that Slide will have no liability to you based on its exercise of such right.
  
  The purchase price of Virtual Currency and what it can buy is expected to change over time. Initially it is anticipated that you may use such Virtual Currency to pay for your Premium SuperPokes!, Premium SuperPoke! Pets, Premium Top Friends and Slide Premium features, including the related subscription fees and the a la carte fees that Slide may charge from time to time. Slide reserves the right, in its sole discretion, to make all calculations regarding the balance of Coins, Top Dollars and/or Slide Gold in your account, to determine the number of Coins or the amount of Slide Gold that is credited thereto, and to determine the number of Coins or the amount of Slide Gold that is debited therefrom in connection with your Slide related activities. While we will do our best to make all such calculations on a consistent and reasonable basis, you must understand that Slide's determination of the number of Coins or Top Dollars and/or the amount of Slide Gold in your account is final, absent a showing of intentional miscalculation.
2. EXCHANGING SLIDE DOLLARS WITH OTHER USERS
  
  The Slide Virtual Goods program may in the future include a feature through which Slide administers transactions among users for the purchase and sale of the licensed right to use Slide Dollars. Notwithstanding any other language or context to the contrary, as used in this Agreement and throughout the Slide Service in the context of transfer of Slide Dollars: (a) the term "sell" means "to transfer for consideration to another user the licensed right to use Slide Dollars in accordance with this Agreement and the Terms of Service," (b) the term "buy" means "to receive for consideration from another user the licensed right to use Slide Dollars in accordance with this Agreement and the Terms of Service," (c) the terms "buyer," "seller", "sale" and "purchase" and similar terms have corresponding meanings to the root terms "buy" and "sell," (d) "sell order" and similar terms mean a request from a user to Slide to list Slide Dollars for sale (in accordance with rules announced by Slide from time to time if Slide in its sole discretion decides to offer such opportunity) at a requested sale price, and (e) "buy order" and similar terms mean a request from a user for Slide to match open sale listings with a requested purchase price and facilitate completion of the sale of Slide Dollars (in accordance with rules announced by Slide from time to time if Slide in its sole discretion decides to offer such opportunity).
  
  You agree and acknowledge that Slide may deny any sell order or buy order individually or with respect to general volume or price limitations set by Slide for any reason or for no reason at all. Slide may limit sellers or buyers to any group of users at any time. Slide may halt, suspend, discontinue, or reverse any Slide Dollars transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Slide Service.
3. SLIDE DOLLARS HAVE NO CASH VALUE
  
  You acknowledge and agree that Slide Dollars have no cash value and that neither Slide nor any other person has any obligation to exchange your Slide Dollars for anything of value. In the event that at some future date Slide, in its sole discretion decides to allow you to redeem Slide Dollars for real world goods or to exchange Slide Dollars for cash, you understand that you may have to provide Slide with information about yourself, such as your social security number and mailing address and to execute a release agreement absolving Slide from all liabilities with respect thereto. The terms of any such exchange will be described in greater detail when such features are introduced, and will be repeated either in a revised version of this Agreement or on www.slide.com/static/fees.
INDEMNITY

You agree to indemnify and hold Slide (and any employee, officer, director or affiliate of Slide) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to or use of the Slide Virtual Goods program, Slide Dollars, Slide Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, for any content posted through the Slide Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights), or for any dispute between you and any other user or any third party regarding Slide Dollars, including any exchange thereof. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Slide or any Slide Person. You remain solely responsible for any agreement you make with other users or third parties, for any transaction you undertake, and for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Slide Virtual Goods program, the Slide Software or the Slide Service.
MODIFICATIONS; TERMINATION.

We can change this Agreement at any time and from time to time as described in our Terms of Use. We can also change our Slide Virtual Goods Programs, including the features, content or other elements of those programs, at any time. In addition, we may change the applicable monthly subscription fees, charges for Content and goods and services, any prices, rates, charges and billing methods, at any time and from time to time by giving notice through a posting on www.slide.com/static/fees and/or this Aggreement. We remind you of your responsibility to check the that webpage, our Terms of Use and this Agreement periodically and read postings and messages we send you so you are aware of any changes that apply and the most current terms and conditions.

You may terminate specific features, functions or services within our Slide Virtual Goods Programs at any time in whole or in part by following the process described on our Website at http://www.slide.com/static/subscription. You will remain responsible for all fees and charges you incur or which otherwise become due as a result of your subscription before the effective date of termination.
LIMITATION OF WARRANTIES, LIABILITY AND REMEDIES
1. POTENTIAL UNAVAILABILITY
  
  WE MAKE NO REPRESENTATION OR WARRANTY THAT ALL OR ANY PART OF OUR SERVICE WILL FUNCTION, BE AVAILABLE OR ACCESSIBLE AT ALL TIMES OR AT ANY PARTICULAR TIME OR WILL OPERATE AS DESCRIBED. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE EQUIPMENT, SOFTWARE, DEVICES, COMMUNICATION FACILITIES, INTERNET CONNECTIONS AND SYSTEMS, AS WELL AS YOUR ACCOUNT WITH ANY SOCIAL NETWORKING SITE ON WHICH YOU WISH TO USE SLIDE VIRTUAL GOODS PROGRAMS, PREMIUM SERVICES, THE RELATED NETWORK AND FACILITIES, FUNCTION CORRECTLY WITH OUR SERVICES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR UNAUTHORIZED USE OF OUR SERVICE, POSTINGS, SUBMISSIONS, CONTENT, MESSAGES OR OTHERWISE, BY OR FROM YOU OR ANYONE USING YOUR USER ID, REGISTRATION, PROFILE, E-MAIL ADDRESS, USERID OR OTHER IDENTIFICATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE IN ADDITION TO AND SUPPLEMENT THOSE CONTAINED IN OUR TERMS OF USE. Slide is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to Your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Slide Services, including any Mobile Slide software. Under no circumstances will Slide be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the Slide Site, the Slide Service, Slide Mobile, any content or third party applications, software or content posted on or through the Slide Site or the Slide Services or transmitted to users, or any interactions between users of the Slide Service, whether online or offline.
2. WARRANTY DISCLAIMER.
  
  THE SLIDE VIRTUAL GOODS PROGRAM, THE SLIDE SERVICE, THE SLIDE SITE AND THE SOFTWARE (INCLUDING ANY MOBILE SERVICES) ARE PROVIDED BY SLIDE ON AN “AS IS” BASIS. SLIDE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SLIDE SITE OR IN ASSOCIATION WITH THE SLIDE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SLIDE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SLIDE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE SLIDE SITE OR THROUGH THE SNS APPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
3. LIMITATION OF LIABILITY.
  
  SLIDE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SLIDE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SLIDE FOR THE SLIDE SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT SLIDE IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  
  IN NO EVENT WILL SLIDE'S LIABILITY TO YOU IN CONNECTION WITH SLIDE VIRTUAL GOODS PROGRAMS EXCEED THE AMOUNT REAL CURRENCY YOU HAVE PAID IN CONNECTION WITH SUCH PROGRAMS DURING THE THREE MONTH PERIOD PRECEEDING ANY COMPLAINT.