Thumbplay Music Store

THUMBPLAY MUSIC STORE™ TERMS AND CONDITIONS

Effective August 26, 2009

Thanks for using Thumbplay Music Store™! This agreement ("Agreement") is a contract between you and Thumbplay, Inc. ("THUMBPLAY" or "Thumbplay"). The Thumbplay Music Store™ media purchase and management software application, together with any and all enhancements, upgrades, and updates that may be provided to you in the future by Thumbplay, is referred to in this Agreement as the "Software." By downloading, installing, opening or using the Software or by completing the registration process to download or use the Software, you agree to be bound by this Agreement. You also agree to accept this Agreement by so indicating at the appropriate screen, prior to using the Software for the first time.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE USE OF THE SOFTWARE.

You must be at least eighteen (18) years of age to use the Software, and you represent to THUMBPLAY that you are 18 years of age or older. If you are not at least 18 years of age, you must discontinue use of the Software.

1. BILLING INFORMATION

You may download the Software without charge (other than any third party fees, such as any data charges assessed by mobile network operators, the cost to access the Internet or mobile network, etc.). The Software permits you to download mobile entertainment content (the "Downloads") such as music to compatible devices, including cell phones and personal computers. You may only purchase Downloads individually using the Software. You must create an account and provide a valid credit card number or other billing method accepted by THUMBPLAY in order to purchase Downloads, provided that in some cases Downloads may be provided without a charge from THUMBPLAY. Thumbplay does not issue refunds for Download purchases, provided that you may contact THUMBPLAY customer service at support@thumbplay.com in the event you experience technical problems with Downloads or the Software.

By completing the account registration process to purchase Downloads, you authorize THUMBPLAY to charge the price for each individual Download (currently ranging from $0.69 to $1.29 per Download) indicated by the Software to the credit card or other billing method you provide to THUMBPLAY during such registration process. Your payment method will be saved for the next purchase you make using the account you create using the Software.

You must have an internet-enabled cell phone or device in order to access the Software. Normal carrier charges and taxes may apply to any content you obtain from THUMBPLAY. THUMBPLAY is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Software. Note that in the event you do not have a data plan with your carrier, you will likely be charged extra data charges by your carrier in accordance with the rates set forth in your agreement with your carrier. Thumbplay recommends that all THUMBPLAY users sign up for unlimited data plans.

Right to Change Fees – All fees are subject to change upon notice from THUMBPLAY. THUMBPLAY will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently in the Software. If you do not agree to the new fees, you may no longer use the Software.

Taxes – THUMBPLAY reserves the right to collect applicable taxes for certain features of the Software.

2. CANCELLATION & TERMINATION

Termination – THUMBPLAY reserves the right, at its sole discretion, to terminate your permission to access the Software and/or use the account you create using the Software for any reason at any time without notice, including in the event that THUMBPLAY reasonably believes that you have breached or acted inconsistently with any provision of this Agreement. You acknowledge and agree that THUMBPLAY shall have no liability or responsibility to you for termination or suspension of your access or use, and that no portion of your fees will be refunded. You may terminate the licenses granted in this Agreement with respect to the Software at any time by destroying the Software and any accompanying documentation, together with any and all copies thereof. The licenses granted in this Agreement will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and Thumbplay. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to Thumbplay.

Disputes – Your sole right and remedy with respect to any dispute with THUMBPLAY is to discontinue using the Software. Disputes may include, but are not limited to, disputes related to or arising out of: this Agreement or any policy or practice of THUMBPLAY, including its Privacy Policy, the Terms and Conditions of Use for the THUMBPLAY website or THUMBPLAY's enforcement or application of the same; the Software; and the THUMBPLAY billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

Expiration of License – THUMBPLAY's rights to make available certain Downloads to you may expire. In such event, THUMBPLAY will cease delivering a playback license to you after the end of the period in which such rights expire. THUMBPLAY will not refund any portion of your fees.

3. ACCEPTABLE USE OF THE SOFTWARE

By downloading and/or using the THUMBPLAY Software, you agree that THUMBPLAY grants you a non-exclusive, non-transferable, revocable right to use the THUMBPLAY Software and Downloads on your compatible device for your own personal, non-commercial use only. Your use of the THUMBPLAY Software means you also agree to the following acceptable use policies:

Personal, Non-Commercial Use Only – The Software and Downloads are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Software or Downloads. For example, you may not copy or distribute the Downloads or Software in any manner not expressly authorized by Thumbplay. If you want to make commercial use of the THUMBPLAY Software or Downloads, you must enter into an agreement with THUMBPLAY to do so in advance. Please contact us for more information. Use of Downloads as a musical "ringer" is strictly prohibited, unless Downloads are provided specifically for such purpose (i.e., ringtones). In any event, you understand and acknowledge that your rights with respect to the Downloads or Software will be limited by copyright law and other applicable laws.

Registration and your Personal Information – In order to use certain features of THUMBPLAY, you must register and provide personal information such as your name and wireless device number to THUMBPLAY ("Personal Information"). THUMBPLAY will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the Software installation process or attempt to use any part of the Software. For additional information regarding THUMBPLAY's collection, use and disclosure of your personal information, please refer to THUMBPLAY's Privacy Policy, a copy of which is available at Privacy Policy. As part of the registration process, you will create a unique user ID and password (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Software under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Software using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Software. You agree to immediately notify THUMBPLAY of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Software cannot be guaranteed.

Objectionable or Explicit Content – THUMBPLAY may contain content or materials that you may find objectionable. THUMBPLAY does not warrant, and makes no guarantee or representation, that you will not find all or part of any Download or the Software to be objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to use or access the Software.

International Use – THUMBPLAY is hosted in the United States and is intended only for use in the United States. You agree that you will use the Software only in the United States. At this time, use of the Software is not available to overseas visitors.

Intellectual Property Rights – The Downloads and Software are made available as part of the services owned by THUMBPLAY, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Downloads, Software or any accompanying documentation. By using the THUMBPLAY Software you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Software or Downloads except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree not to make any use of the Software or Downloads that would infringe the copyright therein. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads or Software. All rights not expressly granted to you under this Agreement are reserved by Thumbplay.

"Bots", Hacking and Other Unauthorized Use – You will not use the Downloads, Software or other THUMBPLAY services to engage in or allow others to engage in any illegal activity. Users of the THUMBPLAY Software may not attempt (or authorize, encourage or support others' attempts) to (i) gain unauthorized access to any THUMBPLAY services (including the Software, Downloads and THUMBPLAY website or infrastructure), user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decompile, decrypt, break, disassemble, derive the source code of, modify, or create derivative works from; or (ii) unlawfully use, copy, modify, alter, or transfer, electronically or otherwise, the Software or Downloads; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Downloads or Software, whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement; (iv) decrypt, break or otherwise alter or interfere with the Downloads (or any security component of the Downloads) or Software. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the THUMBPLAY website, Software or Downloads. You agree to advise THUMBPLAY promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Software or THUMBPLAY website or the networks or services connected to the Software or THUMBPLAY website, or act in a manner that negatively affects the ability of other users to use the Software or THUMBPLAY website.

You will not use the Software or Downloads to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

You will not transfer the Software, or utilize the Software in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties.

Content Guidelines – All information, text, audio/video materials, messages, tags, or other materials submitted to THUMBPLAY (collectively, 'Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person originating the Content. You acknowledge and agree that you are solely responsible for any and all Content that you upload, transmit, post, or otherwise make available on the THUMBPLAY website or through the THUMBPLAY Software. THUMBPLAY does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. You acknowledge and agree that by accessing the THUMBPLAY website, you may be exposed to Content that you find offensive, indecent, or otherwise objectionable. THUMBPLAY shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content included in the Software. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.

You acknowledge and agree that THUMBPLAY may or may not pre-screen Content, and that THUMBPLAY shall have the right, but not the obligation, to pre-screen, refuse, move, or remove any Content available by or through the Software or THUMBPLAY website, at its sole discretion.

You agree that you will not use the Thumbplay Software to:

  1. upload, transmit, post, or otherwise make available any Content that contains nudity or profanity, depicts drug use, is unlawful, harmful, abusive, defamatory, tortious, harassing, obscene, libelous, hateful, invasive of another's privacy, or that contains hate speech or otherwise objectionable materials;
  2. upload, transmit, post, or otherwise make available any Content that you do not have a right to make available under federal, state, or local law, or under contractual or fiduciary relationships, such as proprietary or confidential information;
  3. upload, transmit, post, or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity;
  4. upload, transmit, post, or otherwise make available any Content containing unauthorized or unsolicited advertising, spam, promotional materials, chain letters, pyramid schemes or other forms of solicitation;
  5. upload, transmit, post, or otherwise make available any materials, such as viruses, trojans, malware, designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;
  6. harm minors in any way; and/or
  7. interfere with or disrupt THUMBPLAY's service, hardware, or telecommunications equipment.

4. CUSTOMER SUPPORT; COMMUNICATIONS

Customer Support – Please direct any questions concerning the Software or any other THUMBPLAY-related issue to a THUMBPLAY customer service representative by e-mail at: support@thumbplay.com.

Text Message Communications – You expressly agree that, as part of the service provided by THUMBPLAY, you will receive communications from THUMBPLAY by text message (SMS), including our promotional newsletters from time to time. You may stop receiving promotional text messages by clicking here , or following the opt-out instructions in the text message.

Email Communications – You also agree to receive promotional and account related email communications from Thumbplay. You may unsubscribe from promotional email communications by contacting us at support@thumbplay.com.

5. THIRD PARTY CONTENT APPEARING IN THE THUMBPLAY SOFTWARE AND WEBSITE

Adobe AIR – The Software includes Adobe AIR which was developed by Adobe Systems Incorporated ("Adobe"). The Adobe AIR portion of the Software is owned by Adobe and such portion of the Software is licensed to you under the Adobe Integrated Runtime (AIR) End User License Agreement accompanying the Software and viewable at the following URL: http://labs.adobe.com/technologies/eula/air.html. Copies of the Software are provided to you only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the Software or any accompanying documentation, or any portion thereof.

Links and Advertisements – The Software may contain links to and advertisements for websites or other software owned or operated by third parties. While Thumbplay endeavors to associate only with reputable third parties, THUMBPLAY cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites and software. Your business dealings with any third-party advertisers through the Software, 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 THUMBPLAY and its affiliates are not responsible, 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, goods or services available through third party sites or software. Please contact those sites directly if you have any concerns about their availability, content or practices.

Thumbplay Promotions – From time to time THUMBPLAY may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any THUMBPLAY promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither THUMBPLAY nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the THUMBPLAY website or the Software.

6. LICENSE; THUMBPLAY PROPRIETARY RIGHTS

License – Subject to the terms and conditions set out in this Agreement, Thumbplay grants you a revocable, limited, nonexclusive, and non-sublicensable right to use the Software solely in accordance with the following terms and conditions:

  1. Use of the Software. You may download and use the Software from Thumbplay on multiple devices owned, leased or rented by you; however, you are the only individual with the right to use your licensed copy(ies) of the Software. All copies of the Software must include Thumbplay's copyright notice.
  2. Distribution Prohibited. You may not distribute copies of the Software for use by any individual other than you. Distribution of the Software by you to third parties is hereby expressly prohibited.
  3. Fees. The Software is provided at no cost to you, but you may incur charges in connection with the purchase of Downloads or other services accessed using the Software in accordance with this Agreement.
  4. Support. Thumbplay will not be required to provide you with support services related to the Software, but may, at its sole discretion, provide support services to you from time to time.
  5. Upgrades. Thumbplay may provide you with free upgrades to the Software. Such upgrades will include any upgrades for the Software that are released by Thumbplay for general distribution to Software licensees. Thumbplay has no obligation to provide you with any upgrades, including (and especially) those that are not released for general distribution to Thumbplay's other licensees. Nothing in this Agreement shall be construed to obligate Thumbplay to provide upgrades to you under any circumstances.

Ownership – Your use of the Software is under license; you will not obtain any ownership interest in any of the Software or Downloads through this Agreement or otherwise. All content in the Software or on the THUMBPLAY website, such as the Downloads, text, graphics, logos, button icons, images, data compilations, and software, is the property of THUMBPLAY or its content suppliers and protected by United States and international copyright and other intellectual property laws. The Software, the compilation of all content in the Software and on the THUMBPLAY website is the exclusive property of THUMBPLAY and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

Trademark Information – All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Software are the property of THUMBPLAY and/or its affiliates, licensors and/or licensees. Without THUMBPLAY's prior permission, you agree not to display or use the THUMBPLAY marks in any manner, including but not limited to handbills or posters. You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, Downloads, or any accompanying documentation.

Full-Track Music Downloads – Thumbplay provides full-track music downloads to mobile and PC. Full-track downloads to PC are in the MP3 format with a minimum bit rate of 192 kbps. The format and quality for mobile full-track downloads varies depending on your handset model, and are a minimum bit rate of 64 kbps.

7. EXPORTING THE SOFTWARE

The Software may contain encryption and is subject to United States export control laws and regulations and may be subject to export or import regulations in other countries, including controls on encryption products. You agree that you will not export, re-export or transfer the Software in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export, transfer or import the Software.

In addition to the above, the Software may not be used by, or exported or re-exported to: (i) any U.S. or EU sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) to any person, entity or organization or other party identified on the U.S. Department of Commerce.s Table of Denial Orders or the U.S. Department of Treasury.s lists of "Specially Designated Nationals and Blocked Persons," as published and revised from time to time; (iii) to any party engaged in nuclear, chemical/biological weapons or missile proliferation activities, unless authorized by U.S. and local (as required) law or regulations.

U.S. Government Legends

The Software is commercial in nature and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement.

8. CONTENT SUBMITTED BY USERS

THUMBPLAY claims no ownership of Content you make publicly available via the Software, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Software. With respect to such Content, you grant THUMBPLAY a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or THUMBPLAY removes) such Content from the Software. You understand and agree, however, that THUMBPLAY may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the Software is perpetual and irrevocable.

9. GENERAL TERMS

Applicable Law – This Agreement and your use of the Software, including the Downloads, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You expressly consent that the state or federal courts of New York County, New York shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement or any claim involving THUMBPLAY or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.

Severability of Terms – If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be 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 remainder of this Agreement will continue in full force and effect.

Entire Agreement – This Agreement, which incorporates by reference the Thumbplay Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Software or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by THUMBPLAY. 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.

Assignment – This Agreement may not be assigned by any user of the Software. This Agreement may be assigned by THUMBPLAY and shall inure to the benefit of THUMBPLAY, its successors and assigns.

No Right of Survivorship or Transferability – You agree that your Thumbplay account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

THUMBPLAY's Remedies – You agree that any unauthorized use of the Software or the Downloads would result in irreparable injury to THUMBPLAY and/or its affiliates or licensors for which money damages would be inadequate. In such event THUMBPLAY its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that THUMBPLAY, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement. For the avoidance of doubt, the licensors of content to Thumbplay are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. Such licensors of content reserve all rights under law and in equity.

Indemnity – By using the Software, you agree to indemnify and hold THUMBPLAY, its affiliates, partners employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Software, including the Downloads, your violation of this Agreement, or your violation of any rights of another party.

10. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of warranties – By using the Software you expressly understand and agree that: the Software, and all Downloads, software code, materials, applications, information, products and services included in the Software are provided "as is" with no warranties by THUMBPLAY or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "THUMBPLAY entities"). THUMBPLAY and the THUMBPLAY entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, warranties that software is free of defects, viruses, able to operate on an uninterrupted basis, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No use of the Software is authorized hereunder except under this disclaimer.

THUMBPLAY and the THUMBPLAY entities disclaim any warranties that the Software will meet your requirements, or that your access to the same will be uninterrupted or error-free. THUMBPLAY and/or the THUMBPLAY entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the Software. THUMBPLAY disclaims any responsibility for the deletion or failure to store any content.

You understand and agree that you download or otherwise obtain material or data through the use of the Software at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold THUMBPLAY and/or the THUMBPLAY entities responsible for any damages that result from you using the Software 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 THUMBPLAY and/or the THUMBPLAY entities as applicable. THUMBPLAY and the THUMBPLAY entities disclaim any warranties for services or goods received through or advertised through the Software or received through any links provided by the Software.

Limitation of liability – under no circumstances, shall THUMBPLAY and/or the THUMBPLAY entities as applicable, be liable for any unauthorized use of the Software.

Under no circumstances, including, but not limited to, negligence, shall THUMBPLAY or the THUMBPLAY entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, loss of goodwill, work stoppage, computer failure or malfunction, arising out of the use of, reliance on, or the inability to use, the Software, or from the interruption, non-performance, suspension, or termination of the THUMBPLAY Software (including such damages incurred by third parties), or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages, even if THUMBPLAY and/or the THUMBPLAY entities as applicable, have been advised of the possibility of such damages.

This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised through the Software or received through any links provided in the Software.

Without limiting the foregoing, THUMBPLAY or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

Exclusions and limitations – some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Suggestions – Thumbplay welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to Thumbplay's business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of Thumbplay and may be used for its business purposes in its sole discretion without any payment or accounting to you.

11. PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT

THUMBPLAY respects the intellectual property rights of others. THUMBPLAY may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to THUMBPLAY's Copyright Agent, including the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices can be sent to THUMBPLAY's Copyright Agent at:

Registered Copyright Agent
Thumbplay, Inc.
599 Broadway, 8th Floor
New York, NY 10012
email: copyright@thumbplay.com
fax: 212-651-1796

12. CHANGE IN TERMS AND CONDITIONS AND THE SOFTWARE

THUMBPLAY may modify or terminate access to the Software from time to time, for any reason, and without notice or liability to you, any other user or any third party. THUMBPLAY reserves the right to revise this Agreement by updating this posting. Please review this Agreement from time to time so that you will be apprised of any changes. Use of the Software following a change to the Agreement constitutes agreement to the new Agreement. If you cannot comply with the amended Agreement, your only remedy is to discontinue use of the Software.

Terms & Conditions | Privacy Policy | © 2009 Thumbplay, Inc.