NEAR DEATH STUDIOS, INC.
PRIVACY POLICY
March, 2002

1. OVERVIEW:

   The privacy practices set forth in this policy statement apply to our online game services under the NDS Terms of Service. By becoming a member of NDS and playing Meridian 59, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access the NDS services.

   As described below, as part of your application for membership with NDS, the normal operation of the NDS server and online game Meridian 59, your information is collected by us. This Privacy Policy describes the information that NDS collects about you and what may happen to that information. Although this policy may seem long, NDS has prepared a detailed policy because it believes that you should know as much as possible about NDS’s practices so that you can make informed decisions.

   By accepting the NDS TOS, establishing an Account, and completing the Membership Agreement at registration, you expressly consent to NDS’ use of your personal information. This Privacy Policy is incorporated into and subject to the terms of the NDS TOS Agreement. This Privacy Policy is effective on March 1, 2002, and until amended or revoked by NDS.

2. A Special Note About Minors.

   Anyone under the age of 18 may not be a member of NDS and/or play the Meridian 59 game without the express written consent of a Parent or Guardian. Accordingly, Minors are not eligible to use the NDS services and we ask that they do not submit any personal information to us. If you are a Minor, you can use this service only in conjunction with the approval of either your parents or guardians. The information necessary to establish an Account and membership with NDS will therefore be the information associated with the Parent or Guardian of the minor.

3. Information that NDS Collects.

   Our primary goal in collecting personal information is to provide you with access to the Meridian 59 online game and a smooth, efficient, and customized experience. In order to set up your Account and membership, NDS requires some financial information. We use your financial information, including credit card information to verify your name, address, and other information, as well as to bill you for your use of our services.

   If you establish membership through the use of a credit account in order to pay the fees we charge, NDS collects some additional information, including a billing address, a credit card number and a credit card expiration date.

   If you send NDS personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, NDS may collect such information into a file specific about you.

4. Use of Your Personal Information.

   NDS uses your information to provide you with access to the NDS servers and allow you to play the Meridian 59 online game. NDS uses information in the file it maintains about you, and other information it obtains from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our TOS, Rules of Play, and EULA. At times, NDS may look across multiple users to identify problems or resolve disputes, and in particular it may examine your information to identify users using multiple User Ids or aliases.

   You agree that NDS may use your information to contact you and deliver information to you such as administrative notices, new product offerings, and communications relevant to your use of the Meridian 59 online game, including but not limited to warnings concerning violations of the Rules of Play. By accepting the TOS and the Privacy Policy, you expressly agree to receive this information and/or warnings.

5. Disclosure of Your Information.

   Due to the existing regulatory environment, NDS cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), NDS may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they improperly collect from our site. Therefore, although NDS uses firewalls and industry standard practices to protect your privacy, it cannot guarantee, and you should not expect, that your personally identifiable information or private communications will remain private.

   NDS promises you that it will never sell or rent any personally identifiable information about you to any third party. NDS cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, however, NDS will never seek to benefit or gain off the sale or distribution of YOUR personal information. NDS will, and you authorize us to, disclose any information about you to law enforcement or other government officials as NDS, in our sole discretion, believes necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose NDS or you to legal liability.

6. Control of Your Password.

   You are responsible for all actions taken with your User ID and password, including access fees. Therefore, you should not disclose your NDS password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you are responsible for all actions taken with your User ID and password and therefore you should review that third party’s privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately contact the Account Manager for NDS and change your password as detailed in Section 6 below.

7. Reviewing and Changing Your Personally Identifiable Information.

   NDS offers you the ability to automatically review and change the information you submit to it by contacting the NDS website and providing new information about yourself. NDS will not modify your personal information based on your request because it is very difficult to authenticate your account manually. Therefore, you may make modifications to your user ID, email address, contact information, financial information, shipping information and user preferences via the internet only. You must promptly update your personal information if and when it changes.

   Upon your written request, NDS will terminate and deactivate your Account, contact information, billing information, shipping information, and financial information from our active databases to prevent your information from being shared with other users or members. To make this request, email privacy@NearDeathStudios.com. Such information will be deactivated as soon as reasonably possible based on your Account activity.

   NDS will retain in its files information you have requested to remove in some circumstances, such as to resolve disputes, troubleshot problems and enforce its TOS and EULA. Further, such prior information is never completely removed from the NDS databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

8. Other Information Collectors.

   Except as otherwise expressly included in this Privacy Policy, this Privacy Policy only addresses the use and disclosure of information that NDS collects from you. NDS does not control the privacy policies of third parties, nor can NDS control the sometimes invasive information collection tactics of third parties.

9. Security.

   NDS uses industry standard policies to safeguard the confidentiality of your personal identifiable information, including “firewalls” and Secure Socket Layers. NDS treats your personal information and data as confidential and as your personal asset which must be protected against loss, unauthorized access and unauthorized use. NDS employs many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, by registering as a member, opening an Account and playing the Meridian 59 game, you hereby acknowledge and agree that “perfect security” does not exist on the internet.

10. Conflict of Terms.

    PLEASE NOTE THAT THIS PRIVACY POLICY ALONE GOVERNS OUR PRIVACY PRACTICES. IF THERE IS A CONFLICT BETWEEN THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY AND OTHER PRIVACY REPRESENTATIONS THAT MAY APPEAR ON OUR SITE, YOU AGREE THAT THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY SHALL CONTROL.

11. Notice.

    NDS may amend this Privacy Policy at any time by posting the amendment of terms on the NDS website. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the NDS website. In addition, NDS will notify you by email of any changes to this policy.

END OF PRIVACY POLICY