Effective October 20, 2007
This agreement ("Agreement") is a contract between you and Playscreen, LLC. ("Playscreen") and governs your use of the Playscreen Website (defined below), all Downloads (defined below) and Subscriptions (defined below) (collectively, the "Service"). The Playscreen Website means this web site, as accessed by the domain name www.playscreen.com and powered by websites; however, the Playscreen Website does not refer to any other web site linked to or from this web site except those run by Playscreen. By completing the registration process and accepting this Agreement, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age or at least 13 years of age and have parental approval. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not check the acceptance box below and do not continue the registration, purchase, or opt-in process or attempt to access any part of the Service.

NOTICE
Playscreen may from time to time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at http://playscreen.com/general.php?inc=tac. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cancel your Playscreen Subscription and/or not use the Service. You will be deemed to have accepted the Agreement as amended thirty days after the amended agreement is posted if you continue to use the Service; all other terms of this Agreement will continue in effect.

DESCRIPTION OF SERVICE
The Service is available at the Playscreen Website and Powered By Websites and includes everything on the sites that may exist from time to time. Part of the Service makes available to you downloadable mobile entertainment, such as ringtones, text messages, voting, trivia, mobile web, games, videos and graphics (collectively, the “Downloads”) and subscriptions to receive multiple Downloads according to a specified schedule (“Subscriptions”). Once properly registered and after making proper payment, you will be permitted to download to compatible wireless devices and other compatible devices certain Downloads and Subscriptions through the Service.

OUR REGISTRATION OBLIGATIONS
In order to use the Service, you must register or opt-in and provide certain information (e.g., your wireless device number) to Playscreen ("Registration or Opt-In Data"). Playscreen will use your Registration or Opt-In Data in accordance with its privacy policy, which you can review at http://playscreen.com/general.php?inc=piv. Please review this privacy policy before you complete the registration or opt-in process or attempt to use or access any part of the Service.

USE OF SERVICE
Service. You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads and Subscriptions. For example, you may not copy or distribute the Service or the Downloads or the Subscriptions in any manner not expressly authorized by the Service.
You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads and the Subscriptions. You agree to advise Playscreen promptly of any such unauthorized use(s) or attempt(s).

Downloads and Subscriptions. You understand and acknowledge that the Downloads and Subscriptions made available as part of the Service are owned by Playscreen, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. Playscreen grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads and Subscriptions to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads or Subscriptions except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads or Subscriptions used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.

Loss of Rights by Playscreen. Playscreen's rights to make certain Downloads or Subscriptions available to you may expire. In such event, Playscreen will not deliver to you the license necessary to play back any such Downloads or Subscriptions after the end of the period in which such rights expire. If Playscreen ceases making any such rights available, Playscreen will not refund any portion of your fees, but you may contact customer support to receive appropriate replacement rights.

Customer Support. Please direct any questions concerning the Service or any other Playscreen-related issue, to a Playscreen customer service representative by e-mail at: help@playscreen.com.

CHARGES / BILLING
Agreement to Pay. If you select a monthly fee Subscription plan, you authorize the continued billing each month until you cancel such Subscription. If you cancel any Subscription for any reason, Playscreen will not refund any of your fees. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (each, a "Subscription Month"). Your telephone bill will be charged on the first day of each Subscription Month. Standard messaging rates will apply according to your carrier plan.

Right to Change Fees. All fees are subject to change upon notice from Playscreen. Playscreen will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 10 days from such notice to cancel your Subscription.

Taxes. Playscreen reserves its right to collect applicable taxes and impose premium surcharges for certain features of the Service.

OBJECTIONABLE OR EXPLICIT CONTENT
Playscreen is not responsible to you for any content or materials constituting all or part of any Download or Subscription or any other aspect of the Service that you might find objectionable.

PRIVACY
For additional information regarding Playscreen's use of information collected in connection with the Service, please refer to Playscreen's Privacy Policy, a copy of which is available at http://playscreen.com/general.php?inc=piv.

COPYRIGHT INFORMATION
General. The Service, including the Downloads and Subscriptions, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by all the terms and conditions of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. For the avoidance of doubt, your use of the Service and the Downloads and Subscriptions is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise.

TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Playscreen and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

NO RESALE
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Downloads or Subscriptions accessible on or through the Service).

PROMOTIONS AND ADVERTISING
Playscreen and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Playscreen promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither Playscreen nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

LINKS TO THIRD-PARTY SITES
The Service may present links to retailers and/or other third-party websites not owned or operated by Playscreen. These links are provided only as a convenience to you. Neither Playscreen nor its business partners is responsible for the availability of these outside sites or their contents. You understand and agree that neither Playscreen nor its business partners is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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 these third-party sites to those sites' administrators.

MODIFICATIONS TO SERVICE
Playscreen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Playscreen nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to Playscreen and/or its affiliates or licensors for which money damages would be inadequate, and in such event Playscreen its affiliates and/or licensors, 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 Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Playscreen, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

INDEMNIFY
You agree to indemnify and hold harmless Playscreen and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Downloads and the Subscriptions (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

TERMINATION, CANCELLATION AND PLAN CHANGES
Playscreen may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you in the event that you breach (or Playscreen reasonably suspects that you have breached) any provision of this Agreement. If Playscreen terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and Playscreen will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Playscreen. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Playscreen's enforcement or application of the same; (2) any policy or practice of Playscreen, including its Privacy Policy, or Playscreen's enforcement or application of these policies; (3) the Downloads or the Subscriptions; (4) your use of and/or ability to access and use the Service; and (5) 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 subscription by sending a text message from your mobile device containing only the word “STOP” to the shortcode 74415. Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to Playscreen. Playscreen will send you a text message confirming the same. If you are a subscriber who cancels his or her account near the end of the Subscription Month and your phone bill is charged for the next month's fee, please help@playscreen.com to have that charge refunded.
Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, Playscreen will not refund any fees.

DISCLAIMERS
You understand and agree that your use of the Service, the Downloads and the Subscriptions is at your own sole risk. THE SERVICE, THE DOWNLOADS AND THE SUBSCRIPTIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY Playscreen OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "Playscreen ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Playscreen AND THE Playscreen ENTITIES, AS APPLICABLE, 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 NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. Playscreen AND/OR THE Playscreen ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD Playscreen AND/OR THE Playscreen ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTIONS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO Playscreen AND/OR THE Playscreen ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL Playscreen AND/OR THE Playscreen ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTIONS.
UNDER NO CIRCUMSTANCES SHALL Playscreen AND/OR THE Playscreen ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE DOWNLOADS, EVEN IF Playscreen AND/OR THE Playscreen ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Playscreen AND/OR THE Playscreen ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.

LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Playscreen with respect to your use of the Service or any part thereof. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement 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. Playscreen's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service, including the Downloads and the Subscriptions. You expressly agree that the courts in the State of California, Los Angeles County have exclusive jurisdiction over any claim or dispute with Playscreen or relating in any way to your account or your use of the Service, the Downloads or the Subscriptions. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts of Los Angeles County in connection with any such dispute including any claim involving Playscreen or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.