Terms of Service

Terms of Service and End-User License Agreement

June 1, 2010

Navitas Games, Inc. ("Navitas") and Mo'Blast, Inc. ("Mo'Blast") (together, the "Companies") provide users with access to a collection of applications, products, services and websites, including various branded applications through networks of properties (including but not limited to Taptin, Taptin Merchant Services, Local Shops, Poker, and EasySigns), which may be accessed through various media or devices now known or hereafter developed (collectively, the "Services"). Some of the Services are the property of Mo'Blast, and some of the Services are the property of Navitas but are provided to end-users pursuant to an agreement between Mo'Blast and Navitas. For purposes of this Terms of Service and End-User License Agreement, the "Companies" refers to both Navitas and Mo'Blast collectively, as well as to either or both of them separately.

This Terms of Service Agreement and End-User License Agreement ("TOS") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this TOS. You are only authorized to use the Services if you agree to abide by all applicable laws and to this TOS. If you wish to become a User, communicate with other Users and make use of the Services, you must read this TOS and indicate your acceptance during the registration process. If you do not agree with it, you should discontinue use of the Services immediately.

By accepting the terms of this TOS and using the Services, you also understand and agree that some or all of the Services may include advertisements and that these advertisements are necessary for the Companies to provide the Services. You also understand and agree that the Services may include certain communications from the Companies, such as service announcements, administrative messages, blogs and forums, and that these communications are considered part of the Services User membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new applications, products or services by one of more of the Companies, shall be subject to the TOS.

You understand and agree that you are responsible for obtaining access to the Services, and you understand that such access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

The Companies may modify this TOS from time to time and such modification shall be effective upon posting by the Companies on the Companies' websites. You agree that you will periodically check the Companies' websites for updates to this TOS, and you agree to be bound to any changes to this TOS when you use the Services after any such modification is posted.

1. Your Registration Obligations.

By using the Services, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree that: (a) all information you submit during the registration process is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, incomplete or not current, or the Companies have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, or if the Companies believe that you are under 13 years of age, the Companies have the right to suspend or terminate your account without warning and refuse any and all current or future use of the Services (or any portion thereof) to you.

2. Term.

This TOS (as may be modified by the Companies from time to time) shall remain in full force and effect while you use the Services. You may terminate your User membership at any time, for any reason. The Companies may terminate your User membership at any time, without warning. Even after use or User membership is terminated, this TOS (as modified by the Companies from time to time) will remain in effect.

3. User Account, Password and Security.

You are solely and fully responsible for maintaining the confidentiality of your password and account and for ensuring that you exit from your account at the end of each session. You are solely and fully responsible for any and all activities that occur under your password or account, and you agree not to use the account, User identity, or password of another User at any time or to disclose your password to any third party. You agree to notify the Companies immediately if you suspect any unauthorized use of your account or access to your password.

You agree that your User account is non-transferable and any rights to your User identity or contents within your account terminate upon your death. Upon receipt by the Companies of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

4. Fees and Payments.

Some of the Services require payment of a fee or subscription. You must have a user account and pay the fee or subscription to use such a Service.

FEES AND SUBSCRIPTIONS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

The Companies reserve the right to charge fees or subscriptions for use of or access to any of the Services, websites or products, in the sole discretion of the Companies. If the Companies charge fees or subscriptions, such charges will be disclosed to you in advance. The Companies also reserve the right to modify those fees or subscriptions at any time. Fee and subscription modifications will be disclosed to you in advance. If your use of any of the Services is subject to sales tax, use tax, VAT, or any other applicable tax, then the Companies may also charge you for any such taxes, in addition to the subscription or other fees.

You may pay fees or subscriptions using the methods available for the particular Service you use, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Service. For some subscriptions and fees, the Companies may use third-party payment processors (such as Paypal), and you must agree to the terms and conditions applicable for use of any such third-party payment service. When you provide credit card or other payment information to the Companies and/or any third-party payment processor, you represent to the Companies that you are the authorized user of the credit card or other payment method. The Companies reserve the right to change billing methods at any time. Billing method modifications will be disclosed to you in advance.

5. Virtual Currency/Goods.

Some of the Services may include a virtual, in-Service currency ("Virtual Currency"), including but not limited to GOLD, cash, coins, or points that may be purchased from the Companies for payment of a fee of real-world money if you are a legal adult in your country of residence. Some of the Services may also include virtual, in-Service digital items ("Virtual Goods") that may be purchased from the Companies for a fee of real-world money. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for real-world money, goods or other items of monetary value from the Companies or any other party.

Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

The Companies have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as they see fit in their sole discretion, and the Companies shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for real-world money or otherwise exchange items for value. Any attempt to do so is in violation of this TOS and may result in a lifetime ban from the Services and possible legal action.

You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currency are forfeitedif your account is terminated or suspended for any reason, the the sole discretion of the Companies, or if the Companies discontinue providing the applicable Service.

6. Proprietary Rights.

You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information belonging to the Companies that is protected by applicable intellectual property and other laws. You also acknowledge and agree that the Services and affiliated websites contain Content belonging to the Companies ("the Companies' Content"). The Companies' Content is protected by copyright, trademark, patent, trade secret and other laws, and the Companies own and retain all rights in the Companies' Content and the Services. The Companies hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Companies' Content (excluding any software code) solely for your personal use in connection with using the Services.

You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Companies or advertisers, you agree not to modify, rent, lease, loan, sell, reverse engineer, distribute or create derivative works based on the Services or any relevant software, in whole or in part.

Some of the Services also enable you to view or otherwise access certain Content of other Users of the Services and of other licensors of the Companies. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

7. User-Posted Content.

Some of the Services allow the submission of content and materials (such as pictures, messages, video, etc.) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize the Companies to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this TOS. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting User Submissions to the Services, you hereby grant the Companies a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Services and the Companies' business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, to the extent that the functionality of those Services permits such User access, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this TOS.

You understand that when using the Services you may be exposed to User Submissions from a variety of sources, and that the Companies are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Companies with respect thereto.

The Companies assume no responsibility whatsoever in connection with or arising from User Submissions. The Companies assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time the Companies choose, in their sole discretion, to monitor User Submissions, The Companies nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, the Companies do not endorse and have no control over the content of User Submissions submitted by other Users. The Companies make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, the Companies reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

8. User Conduct.

The Companies reserve the right, in their sole discretion, to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.

The Companies assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time the Companies choose, in their sole discretion, to monitor any of the Services, the Companies nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of Users.

The Companies assume no responsibility or liability for information or material provided by you or other Users. You are solely responsible for the information that you provide on or through the Services. Content and information are not necessarily reviewed by the Companies and do not necessarily reflect the opinions or policies of the Companies. The Companies make no warranties, express or implied, as to the information or Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that other Users transmit to you.

You are solely responsible for your interactions with other Users of the Services. The Companies reserve the right, but have no obligation, to monitor disputes between you and other Users.

The following is a partial list of the kind of activity that is illegal or prohibited on the Services. The Companies reserve the right to investigate and take appropriate legal action against anyone who, in the Companies' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
3. Attempting to impersonate another User or person;
4. Using the account, User identity, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
5. Selling or otherwise transferring your User account;
6. Using any information obtained from the Services in order to harass, abuse, or harm another person;
7. Using the Services in a manner inconsistent with any and all applicable laws and regulations.

If you become aware of misuse of the Services by any person, please contact the Companies at legal@moblast.com.

9. No Resale of the Services.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your User ID), use of the Services, or access to the Services.

10. Privacy.

Use of the Services is also governed by the Companies' Privacy Policy, which is incorporated into this TOS by this reference.

11. Interstate Nature of Communications.

When you register with the Companies, you acknowledge that in using the Services, you will be causing communications to be sent through the Companies' computer networks, portions of which are located in California and other locations in the United States and portions of which are located abroad. As a result, and also as a result of the Companies' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Services results in interstate data transmissions.

12. General Practices Regarding Use and Storage.

You acknowledge that the Companies may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Content will be retained by the Services, the maximum disk space that will be allotted on the Companies' servers on your behalf, the maximum size of file and/or total data uploads, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that the Companies have no responsibility or liability for the deletion or failure to store any messages and other communications or Content maintained or transmitted by the Services. You acknowledge that the Companies reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Companies reserve the right to modify these general practices and limits from time to time.

13. Updates to Services.

The Companies may find it necessary to make updates or reset certain parameters to balance the usage of the Services. These updates and resets may cause you interruptions or setbacks in the relevant Service and may affect games or activities you were engaged in. The Companies reserve the right to perform these updates or resets and are not liable to you for these changes.

14. End-User Licenses.

To use the Services you must have a computer, mobile device, or other device that is compatible with the application(s) that you wish to use. The Companies do not warrant that the Services will be compatible with your computer or device.

The Companies hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Companies' Software as follows: You may use the Companies' Software for one Services User account (a "User account" is comprised of the shared resources accessible by a single login ID) on a computer, mobile device, or other relevant device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Companies' Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Companies' Software to any third party or use the Companies' Software to provide time sharing or similar services for any third party; (iii) make any copies of the Companies' Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Companies' Software, features that prevent or restrict use or copying of any content accessible through the Companies' Software, or features that enforce limitations on use of the Companies' Software; or (v) delete the copyright and other proprietary rights notices on the Companies' Software.

You acknowledge that the Companies may from time to time issue upgraded versions of the Companies' Software, and may automatically electronically upgrade the version of the Companies' Software that you are using on your computer or applicable device. You consent to such automatic upgrading, and agree that the terms and conditions of this TOS will apply to all such upgrades.

With respect to any open source or third-party code that may be incorporated into the Companies' Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

The foregoing license grant under this TOS is not a sale of the Companies' Software or any copy thereof and the Companies or their third party partners or suppliers retain all right, title, and interest in the Companies' Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this TOS, is void. The Companies reserve all rights not expressly granted under this TOS.

15. Government Users.

If the Companies' Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Companies' Software by the U.S. Government is subject to restrictions set forth in this TOS and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

16. Special Admonitions for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Companies' Software originates in the United States, and is subject to United States export laws and regulations. The Companies operate and control the Services from the United States. The Companies make no representation that the Services are appropriate or available in other locations. The information provided on the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Companies to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. The Companies' Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Companies' Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Companies' Software and the Services.

17. DISCLAIMERS OF WARRANTIES AND LIABILITY.

The Companies disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed through the Services. The Companies are not responsible for any incorrect or inaccurate Content posted or displayed in connection with the Services, whether caused by Users of the Services, by advertisers, by third party services accessed through the Services, or by any of the equipment or programming associated with or utilized in the Services.

Content accessible through the Services may contain links to other websites. The Companies are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Companies. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by the Companies. When you access these third-party sites, you do so at your own risk. The Companies take no responsibility for third party advertisements which are displayed through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. You further acknowledge and agree that the Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource.

The Companies are not responsible for the conduct, whether online or offline, of any User of the Services.

You understand and agree that the Services are provided "AS IS" and that the Companies assume no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications, Content or personalization settings. The Companies assume no responsibility for any error, omission, interruption, failure to store, deletion, defect, delay in operation or transmission, misdelivery, untimely delivery, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content or User communication. The Companies are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or communication due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.

Under no circumstances shall the Companies be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline.

The other Services are provided "AS-IS" and as available and the Companies expressly disclaim any warranty of fitness for a particular purpose or non-infringement. The Companies cannot guarantee and do not promise any specific results from use of the Services.

THE SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANIES AND THEIR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANIES AND THEIR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE COMPANIES AND THEIR LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE COMPANIES AND THEIR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY CONTENT OR LINKS PROVIDED IN THE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

18. LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES SHALL THE COMPANIES OR THEIR LICENSORS BE LIABLE TO YOU, ANY USER (INCLUDING ANY OF YOUR CUSTOMERS), OR ANY THIRD PARTY ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SERVICES, OR ARISING FROM ANY CLAIM RELATING TO THIS TERMS OF SERVICE AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANIES OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS OR CONTENT PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall the Companies or their licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

19. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17-18 MAY NOT APPLY TO YOU.

20. Digital Millennium Copyright Act Compliance.

It is the Companies' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, the Companies will promptly terminate without notice the accounts of Users that are determined by the Companies to be "repeat infringers." A repeat infringer is a User who has been notified by the Companies of infringing activity violations more than twice and/or who has had a User Submission removed from the Services more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Companies' Designated Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Service are covered by a single notification, a representative list of such works on the applicable Service;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Companies to locate the material;
4. Information reasonably sufficient to permit the Companies to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

The Companies' Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@moblast.com. For clarity, only DMCA notices should go to the Companies' Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Companies' customer service through support@moblast.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

21. Indemnity.

You agree to indemnify and hold the Companies, their subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this TOS and/or arising from a breach of this TOS and/or any breach of your representations and warranties set forth above and/or if any Content that you post through the Services causes the Companies (or their subsidiaries, affiliates, officers, agents, partners or employees) to be liable to another.

22. Disputes.

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States governing the State of California, County of Alameda. Either the Companies or you may demand that any dispute between the Companies and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent the Companies from seeking injunctive relief in a court of competent jurisdiction.

23. Modifications to Services.

The Companies reserve the right at any time to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) with or without notice. You agree that the Companies shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services.

24. Termination.

You agree that the Companies may, under certain circumstances and without prior notice, immediately terminate your User account, any associated User identity, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), which request must be conveyed by email to the Companies from you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) failure to pay any applicable fees or other payments to the Companies. Termination of your User account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your User account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations shall be made in the Companies' sole discretion and that the Companies shall not be liable to you or any third party for any termination of your User account, any associated User identity, or access to the Services. If your User account, or a particular subscription for a service associated with your User account, is terminated, no refund will be granted; no online time or other credits (for example, Virtual Currency or points in a game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User account or entitlements associated with your User account or any particular Service (such as Virtual Currency, Virtual Goods, or other digital items).

25. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

26. Notice.

The Companies may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Services.

27. Other.

This TOS is accepted upon your use of the Services.

This TOS constitutes the entire agreement between you and the Companies regarding the use of the Services, superseding any prior agreements between you and the Companies with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use certain affiliate services, third-party content or third-party software. Because the Services allow you to access data and content provided by Google, your use of the Services is also subject to the terms set forth in Google's Terms of Service Agreement located here, and you must agree to the terms and conditions of Google's Terms of Service Agreement as a requirement of using the Services.

The failure of the Companies to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

This TOS operates to the fullest extent permissible by law. If any provision of this TOS is unlawful, void or unenforceable, that provision is deemed severable from this TOS and does not affect the validity and enforceability of any remaining provisions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

I HAVE READ THIS TERMS OF SERVICE AND END-USER LICENSE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.