MONETIZE MOBILE™ TERMS OF SERVICE

Effective: February 10, 2012

Welcome to the Monetize Mobile, LLC (“Monetize Mobile,” “we,” or “us”) subscription entertainment service that includes the provision of interactive mobile content such as quizzes and trivia via SMS text messaging. “Website” means any websites owned and operated by Monetize Mobile™, including, without limitation, the website located at Quiz.me and QuizUNow.com, as well as any co-branded versions of those websites, but may not include any other web site linked to or from any of the foregoing. We will use the term “Service” or “Services” to refer to any/all of the mobile content delivery services provided, owned, and operated by Monetize Mobile™.

The Service allows you to use your compatible mobile telephone or other device which you own or have control over, or for which you have permission to use and to incur charges for (the "Device") a variety of mobile entertainment content and to interact with Monetize Mobile™ or other users, via the Internet, SMS, MMS, WAP and other means of mobile content delivery.

The term "Content" means all content posted, transmitted, accessible or available for download or otherwise through the Website or Service, including, without limitation, in the form of software, content, design, text, user generated text, images, photographs, illustrations, audio and video material, artwork, graphic material, or otherwise, such as graphics, horoscopes, data, alerts, quizzes, trivia, and other information.

THE FOLOWING TERMS OF SERVICE APPLY TO YOUR USE OF THE MONETIZE MOBILE™ WEBSITES AND SERVICES. BY REGISTERING FOR, VISITING, USING AND/OR ACCESSING ANY ASPECT OF THE WEBSITES AND/OR SERVICES, YOU ARE AGREEING TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING MONETIZE MOBILE™ TERMS OF SERVICE, AS WELL AS THE MONETIZE MOBILE™ PRIVACY POLICY. PLEASE REVIEW THE TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE TO BOTH, IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITES OR THE SERVICES.

Notwithstanding any other provisions of these Terms of Service, your opt-in to any Service will automatically expire upon any change to the pricing terms and/or when you port between carriers, and you will be required to opt-in again. We reserve the right to amend, supplement, or modify the Terms of Service at any time without prior notice to you. However, any amendment or modification to the Terms of Service concerning pricing, billing, or dispute resolution provisions contained herein will not apply to any disputes or charges incurred prior to the applicable amendment or modification. Other than with respect to changes to pricing, billing, or dispute resolution provisions contained herein, which will apply no a going-forward basis only, as noted above, your continued use of the Services or the Websites constitutes your agreement to be bound by any changes to the Terms of Service in effect at that time. We will post the latest Terms of Service on the Websites, as applicable. Therefore, you should regularly check for any updates or changes.


Summary

This is a mobile subscription entertainment service where subscribers receive text alerts for a monthly fee. Charges will be billed to the subscribers wireless phone bill or deducted from their pre-paid balance until canceled. We reserve the right not to accept prepaid mobile phone accounts. The account holder must authorize all purchases. You must have the mobile phone account holder's consent to subscribe. Service not available on all carriers and requires a text-capable cell phone. Recurring subscription services renew automatically until you opt-out. Message and data rates may apply. By providing your mobile number you are agreeing to receive new service marketing messages. Text messages may contain unrelated third party advertisements.

The Quiz.me and QuizUNow.com Services are not available to users under thirteen (13) years of age or to Florida State residents under eighteen (18) years of age. Each user who signs up to or uses the Quiz.me and/or QuizUNow.com Service represents to Monetize Mobile™ that he/she is at least thirteen (13) years of age, or eighteen (18) years of age if a Florida State resident. If you are at least thirteen (13) but not yet eighteen (18) years of age, you represent and agree that you have received parental permission to provide personal information to Monetize Mobile™ and to order any Services. Access to and use of the Website and Service is limited to users in the United States. Nevertheless, since use of the Internet and mobile devices is global in nature, it may be possible to access and/or use the Website and/or the Service outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction. We make no representation that the Website, the Service and/or the Content are lawful in any jurisdiction outside the United States.

Monetize Mobile™ Services support the following carriers:

Sprint, Boost Mobile, Nextel, Virgin Mobile, AT&T, T-Mobile, Verizon Wireless, U.S. Cellular and Cellular One subscribers will receive two (2) quiz and trivia questions per week for only $9.99/Month. Service may be canceled anytime by texting STOP to 551188 from your mobile device. Charges will be billed to your mobile phone bill or deducted from pre-paid balances. Prepaid plans may not be accepted. Service not available on all carriers and requires a text-capable cell phone. Msg&data rates may apply. Charges will renew automatically until you opt-out by texting STOP to 551188. Cancel anytime by texting STOP to 551188. You must be at least thirteen (13) years of age, or eighteen (18) years of age if a Florida State resident, to use the Service. Text HELP to 551188 for help and account information, call 1-888-231-9602 or email support11@monetizemobile.com.

Interruptions or Discontinuation of Service

Monetize Mobile™ reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Monetize Mobile™ we will cancel your subscription plan and not charge any fees after cancellation, but no refunds will be made.

User Agreements

By visiting, using or registering for the Website or any Service, you agree to be bound by these Terms of Service, including any changes which Monetize Mobile™ may determine to make to this Terms of Service from time to time. Additionally, if you register for or use a specific Service, you also agree to be bound by any specific terms and conditions or rules ("Rules") applicable for such Service as provided directly to you or posted on the Website. If you do not agree with this Terms of Service, the Privacy Policy and any applicable Rules, you may not register with, access or use the Website or the Service, and any attempts to do so without prior agreement shall be null and void.

Upon submission of your mobile number, we will send a confirmation PIN Number to the mobile phone number that you provided with your application. By entering the confirmation PIN Number on the PIN submit page on the Website, and otherwise using the Website and/or the Service on the Website, you warrant represent, acknowledge and agree that: (i) you are at least eighteen (18) years of age if a Florida State resident, or for non-Florida State residents, you are at least thirteen (13) but not yet eighteen (18) years of age and have parental permission to use the Website or Service; ; (ii) you are the owner of the Device whose phone number you are entering, or if you do not own the Device, you have explicit permission from the owner of the Device to use the Device, enter the phone number for such Device and to incur charges to be billed to that Device; (iii) you will be enrolled in an automatically renewing, subscription-service at $9.99/Month; (iv) you expressly consent to receive text messages from us and third party ads as part of the Service; (v) the monthly fee may appear on your monthly telephone bill as “Quizme”, “Quiz.me”, “Premium Quiz”, or Monetize Mobile” (this may vary depending on your mobile phone carrier, however, please be advised that Monetize Mobile™ and your mobile phone carrier are not affiliated); (vi) you have read, understood and agree to these Terms of Service and Monetize Mobile™ Privacy Policy in their entirety; and (vii) you are a resident of the United States. Notwithstanding any other provisions of these Terms of Service, your opt-in to any Service will automatically expire upon any change to the pricing terms and/or when you port between carriers, and you will be required to opt-in again.

You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Service by your electronic signature. Once you confirm your application for the Service by entering the PIN number, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Terms of Service. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures.

Text Messages and Other Communications

By providing your mobile telephone number, you expressly consent to receive a sign-up text message from us. The text message that you receive in connection with the sign-up process will contain a unique, four digit personal identification number which is used to set up your account. If your wireless carrier does not support our Service, or you do not complete the sign-up process in full, you expressly consent to receive one promotional text message from us. By signing-up to the Service, you expressly consent to receive communications from us periodically via text message, as well as advertising information contained therein. The text messages may contain third party advertisements.

You can opt-out from receiving any further text messages texting STOP to the appropriate short code from your mobile device.

Minors

If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of Website and/or Service; (ii) assume all risks associated with the minor’s use of content received through the Website and/or Service, as well as the minor’s transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor’s use of Service, including payment obligations associated with their subscription; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all registration information submitted by the minor.

Use of Website and Service

To use the Service, you must have a mobile communications subscription with a participating carrier (a "Carrier") for your Device or otherwise have access to a mobile communications network for which Monetize Mobile™ makes the Service available and pay any service fees associated with any such access (for example, all standard messaging fees charged by your Carrier). We make no representation as to compatibility of your Device with the Website, the Services or the Content. You are responsible for enabling certain functionalities of your Device, such as a data plan and text messaging, which are required in order to participate in various elements of the Service. In addition, you must provide all equipment and software necessary to connect to the Website and/or Service (as they exist today or as modified or upgraded), including, but not limited to, computer equipment, Internet access, a mobile hand set or other mobile access Device that is in working order and suitable for use in connection with the Service. Carriers may impose limitations on delivery of certain types of content so you should check with your Carrier to determine whether any transmission limitations will apply to any Service you have or may decide to register for.

The Website, Service and/or Content are solely for your personal non-commercial use on the Device you designate in your registration or at the time you purchase an item of Content. You may not copy, distribute, transmit, broadcast, sell, resell or upload to any computer or other device, or create derivative works from any portion of the Website or any Service, including, without limitation, any Content. You may not, or otherwise attempt to (or otherwise authorize, encourage or support other attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Website or Service, including, but not limited to, any Content.

Certain Services offered by Monetize Mobile™ are provided on an automatically renewing subscription basis whereby you will receive certain types of Content on a periodic basis (e.g., quizzes, trivia questions) or will be permitted to download a pre-set number of pieces of Content per month each for a pre-set monthly price ("Subscription Service").

In order to use the Services, you must provide Monetize Mobile™ with your Device phone number (the "Device Data"). You agree to provide current, complete and accurate Device Data, and you agree to update your Device Data and other account information as necessary to keep it current, complete and accurate. Monetize Mobile™ will use your Device Data and other account information in accordance with its Privacy Policy. You agree that Monetize Mobile™ may rely on the Device Data to provide the Services, including, without limitation, billing for the Service through your Carrier. Monetize Mobile™ shall have no liability associated with or arising from your failure to maintain current Device Data, including, but not limited to, your failure to receive critical information. You are responsible for all activities conducted under your account, whether or not you authorized such activity.

You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Monetize Mobile’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Monetize Mobile™ shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

CERTAIN PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE AND/OR SERVICE (THE "AUTHORIZED PRODUCTS") ARE THE PROTECTED, COPYRIGHTED MATERIALS OF THIRD PARTIES. AUTHORIZED PRODUCTS MAY ONLY BE USED FOR INDIVIDUAL, PERSONAL USE. AUTHORIZED PRODUCTS MAY NOT BE COPIED, TRANSFERRED OR DISTRIBUTED WITHOUT THE PRIOR WRITTEN CONSENT OF THE AUTHORIZED PRODUCTS RIGHT OWNERS.

Charges and Billing

In addition to those charges and billing terms set forth above, you authorize Monetize Mobile™ to charge the appropriate fees for the Services (the "Fees") directly to your Carrier invoice for your Device, as selected by you, and if you select a Subscription Service, you authorize the continued billing each month until you cancel such subscription. If any of your billing information changes (e.g. Device Data or Carrier), you must promptly inform Monetize Mobile™.

When you register for a Service, information about the Fees applicable for such Service will be provided to you either as part of the sign-up process on the Website or via a confirmation message sent to the Device you provide. These Fees are also available to you on the Website under your account information. Unless otherwise indicated, the Fees will be included in your bill from your Carrier, and you agree to pay your Carrier all applicable Fees. The Fees shall be due immediately and are non-refundable except as otherwise expressly noted or otherwise indicated to you in writing by Monetize Mobile™.

WHEN YOU SIGN-UP FOR A SERVCE OR USE THE SERVICE IN ANY WAY, STANDARD MESSAGING RATES AND THE TERMS AND CONDITIONS OF YOUR CARRIER SERVICE AGREEMENT WILL APPLY. OTHER THIRD PARTY CHARGES MAY APPLY WHEN YOU REGISTER FOR OR USE A SERVICE. PLEASE REVIEW YOUR AGREEMENT WITH YOUR CARRIER OR CONTACT YOUR CARRIER FOR MORE DETAILS. PLEASE NOTE THAT THE SERVICE MAY NOT BE AVAILABLE FOR USE ON ALL MOBILE DEVICES.

You should be aware that we may be sending you text messages. As messaging and data charges may apply to these text messages, you may wish to consider a plan that provides unlimited text messaging for a fixed monthly fee to avoid per message charges. If you travel internationally, you should also be aware that some wireless carriers impose extra charges for text messages received when you are outside of the country even if you are on a text messaging plan that provides unlimited text messaging domestically for a fixed monthly fee. Please check with your wireless carrier if you plan to travel internationally.

All Fees are subject to change and Monetize Mobile™ will provide you with reasonable notice of such change in Fees prior to the new Fees taking effect. Upon receipt of Monetize Mobile's notice of a change in Fees, you may cancel any Subscription Service for which Fees have been changed at the end of your then-current subscription period if you do not accept the new Fees. Notwithstanding any other provisions of these Terms of Service, your opt-in to any Service will automatically expire upon any change to the pricing terms and/or when you port between carriers, and you will be required to opt-in again.

Privacy

These Terms of Service incorporates by reference the terms and conditions of our Privacy Policy to which the use of the Website, Service and/or Content is subject. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Content and any and all other personally identifiable information provided by you in any manner consistent with the Monetize Mobile™ Privacy Policy.

Copyright Agent

Monetize Mobile™ respects the intellectual property rights of others, and expects you to do the same. If you believe that any Content has been used on the Website or Service in a manner not authorized by you and that constitutes copyright infringement, please provide Monetize Mobile's Copyright Agent with a written notice that includes the following information:


Monetize Mobile's Copyright Agent for notice of claims of copyright infringement on the Website or any Service is:

Copyright Agent
c/o Monetize Mobile, LLC
8275 S. Eastern St. Ste. 200-269
Las Vegas, NV 89123
copyright@monetizemobile.com

Intellectual Property Rights

The Website and Service, including, without limitation, all software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Website and Service, including, without limitation, the "look and feel" of the Website and Service, the Content, all trademarks, service marks and trade names  (individually and/or collectively, the "Material") are the property of Monetize Mobile™ and/or its Affiliates (as defined below). The Website, Service and Material are owned by Monetize Mobile™ and/or its Affiliates, and are legally protected, without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, regulations and treaties. Unless the context or service clearly requires otherwise or we explicitly say so in writing, the term "the Service" includes the Material as well. You must not alter, delete or conceal any copyright notices or other intellectual property notice contained on the Service. Monetize Mobile™ grants to you a limited, non-exclusive, non-transferable, revocable right to use and/or download the Content on/to your compatible Device solely for your own non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You understand, acknowledge and agree that you shall not, nor will you allow any third party (whether or not for your benefit) to, download, reproduce, modify, create derivative works from, display, publish, perform, transfer, broadcast, distribute or otherwise use the Website, Service or Content, except as expressly provided in this Terms of Service.

Promotions, Giveaways and Advertising

Monetize Mobile™ and/or its Affiliates may present advertisements and promotional materials on or through the Website and Service. Your participation in any such promotional event is subject to any applicable Rules associated with that event as described on the Website. Other third party charges, such as from your Carrier, may apply when you participate in such an event. Please review your agreement with your Carrier or contact your Carrier for more details. Your correspondence or business dealings with, or participation in promotions of, any third party advertisers on or through the Website or 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. You agree that neither Monetize Mobile™ nor its Affiliates shall be responsible or liable, directly or indirectly, 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 parties on the Website or Service.

Links to Third Party Websites

The Website and the Service may include links to third party websites not owned or operated by Monetize Mobile™ (the "Third Party Websites"). These links are provided only as a convenience to you. Neither Monetize Mobile™ nor its Affiliates are responsible for the availability of such Third Party Websites or their contents, nor will Monetize Mobile™ or its Affiliates have any liability, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding Third Party Websites to those sites' administrators.

Indemnity

You agree to indemnify and hold harmless Monetize Mobile™ and its employees, officers, members, directors, parents, subsidiaries, agents, partners, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (i) any third party access, use or misuse of the Website, Service or Content, through the Device or under your account, whether or not authorized by you, or (ii) your violation of these Terms of Service, the Privacy Policy, applicable Rules or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defense of such Claim.

Changes to or Termination of Website and/or Service

Monetize Mobile™ reserves the right in its sole discretion from time to time, to modify, suspend or discontinue all or any portion of any Service, including distribution of a particular type or category of Content in a Service. In such event, Monetize Mobile™ will provide substitute Content or Services as it may determine to be appropriate, or may provide you with other alternatives, at Monetize Mobile's sole discretion. The foregoing is your sole remedy, and Monetize Mobile™ will have no liability, with respect to any changes to the Service or Content available through the Website or Service. Notwithstanding any other provisions of these Terms of Service, your opt-in to any automatically renewing subscription Service will automatically expire upon any change to the pricing terms and/or when you port between carriers, and you will be required to re-subscribe.

To cancel any Subscription Service for which you are registered, you should either send a text message with the text "STOP" to the short code for the Service you wish to cancel and then follow the instructions provided to you, or you may contact Monetize Mobile™ customer service via email at the respective email address set forth above. Termination will become effective on the date you give notice of termination. No refunds will be provided even if you elect to terminate prior to the end of your paid billing period.

You agree that Monetize Mobile™, in its sole discretion, may immediately suspend or terminate your use of the Website and/or any Service, or any part thereof, with or without notice to you, if you have (or if Monetize Mobile™ believes that you have) violated any provision of this Terms of Service, the Privacy Policy or any applicable Rules. You are responsible for all activities conducted under your account, whether or not you authorized such activity. Upon termination, Monetize Mobile™ may immediately deactivate or delete your account and all related information and files in your account, and may bar any further access to your account or Services by you. If Monetize Mobile™ suspends or terminates your use under this paragraph, you agree that Monetize Mobile™ shall have no liability or responsibility to you. You understand and agree that your sole right and remedy with respect to any dispute with Monetize Mobile™ is to cancel your use of the Service. This includes, but is not limited to, any dispute related to or arising out of: (i) any term of this Terms of Service or Monetize Mobile's enforcement or application of the same; (ii) any Monetize Mobile™ policy or practice, including its Privacy Policy or Monetize Mobile's enforcement or application of such policies or practices; (iii) the Website, any Service and the Content; (iv) your use of and/or ability to access and use the Website, Service or Content; and (v) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to Monetize Mobile™ as specified above.

Disclaimer - No Warranty

YOUR USE OF THE WEBSITE, SERVICE AND CONTENT, IS SOLELY AT YOUR OWN RISK. THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY MONETIZE MOBILE™ OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF MONETIZE MOBILE™ AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE WEBSITE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER MMOBILE NOR ANY OF ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SERVICE OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD MONETIZE MOBILE™ AND/OR ITS AFFILIATES, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE WEBSITE, SERVICE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME. THE WEBSITE, SERVICE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.YOU AGREE THAT NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO MONETIZE MOBILE™ AND/OR ITS AFFILIATES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, MONETIZE MOBILE™ AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLDGE THAT THE WEBSITE, THE SERVICE AND/OR THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP, SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY AFOREMENTIONED MONETIZE MOBILE™ AFFILIATE FOR OUR NON-PERFORMANCE.

Mobile Phone Safety

Monetize Mobile™ urges you to never use your mobile phone to access the Service or to otherwise send text messages while operating a car or other motorized vehicle or in any other situation where accessing the Service and/or sending text messages is unsafe and you expressly agree, as a condition of your subscription to the Service, that you will not do so.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES OR ANY OTHER LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE IS UNSAFE TO YOU OR ANY THIRD PARTY.

Basis of the Bargain

The parties expressly acknowledge and agree that MONETIZE MOBILE™ has set its prices and entered into these Terms of Service in reliance upon the limitations of liability specified herein, which allocate the risk and form a basis of the bargain between the parties.

Remedies

You agree that any unauthorized use of the Website, Service or Content would result in irreparable injury to Monetize Mobile™ and/or its Affiliates for which money damages would be inadequate, and in such event Monetize Mobile™ and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that Monetize Mobile™ or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement. The remedies of Monetize Mobile™ and/or the Affiliates under this Terms of Service shall be cumulative.

Claims Against Third Parties

You expressly acknowledge and agree that any claim by you arising under or affecting these Terms of Service, whether based on contract, tort or other legal basis, will be brought only against Monetize Mobile™ and not any third party (including but not limited to any carriers or aggregators) and you waive, and do hereby waive any right you may have to bring such a claim.

We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that MONETIZE MOBILE™ SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.



Monetize Mobile’s Unsolicted Submissions Policy

Monetize Mobile™ does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Monetize Mobile‘s policy is to simply delete any such submission without reading it or forwarding it to other Monetize Mobile™ staff. Therefore, any similarity between an unsolicited submission and any elements in any Monetize Mobile™ creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Monetize Mobile™ via this Website, however, these submissions become the property of Monetize Mobile™ and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Monetize Mobile™ sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Monetize Mobile™, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Disputes

These Terms of Service, the Website, the Content, and the Service will be interpreted and construed in accordance with the laws of the State of Nevada without reference to its rules of conflicts of law. Venue and jurisdiction for any federal or state court litigation shall be Clark County, Nevada. If you have a dispute concerning any aspect of the Service including the monthly charges or these Terms of Service, you should first contact customer support at the appropriate email address, by phoning the appropriate toll free telephone number, as designated above, or by sending a text message with the text "HELP" to the short code for the Service you wish to inquire about. If you have a dispute with Monetize Mobile™ we may in our discretion decide to provide you with a written settlement offer during this dispute process. If we provide you with a final written settlement offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") by filing a Demand for Arbitration. If you file for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Service, including this provision, are unenforceable. If we proceed to arbitration, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of One Thousand Dollars ($1,000.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.

YOU AND WE ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THIS DISPUTE SECTION, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. These Terms of Service do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

Miscellaneous

This Terms of Service, and all terms or documents referred to herein, including without limitation, the Privacy Policy and Rules, represent your entire agreement with Monetize Mobile™ regarding your use of the Website and Services, including, without limitation, the Content. Except as expressly set forth herein, this Terms of Service does not confer any rights or remedies upon any person other than the parties to this Terms of Service and the Affiliates. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of Monetize Mobile™. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of these Terms of Service. Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer your right to access or use the Service, including, without limitation, the Content or any portion thereof. Please direct any questions concerning the Website, the Service or any other issue related to Monetize Mobile™, to the customer service email address associated with the appropriate short code, as set forth above. Except as expressly provided otherwise herein, all notices to Monetize Mobile™ shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Monetize Mobile, LLC
9275 S. Eastern St. Ste. 200-269
Las Vegas, NV 89123

Monetize Mobile™ will give notices to you related to this Terms of Service by posting them on the Website, as applicable, or sending them as a text message to your Device, and you expressly agree to receive notices from Monetize Mobile™ in such manner. Notices posted on the Website or sent as a text message shall be deemed received on the weekday following the day they were posted or sent.