Terms of Service

Rockit Media, Inc. (VoiceTouch Individual Subscriber Terms and Conditions) Welcome to VoiceTouch. VoiceTouch is a Voice Messaging service offered by Rockit Media Inc. (“VoiceTouch”) provides voice messaging services (“Services”). This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions of your use of the Services and, if you register for a full VoiceTouch account with Web privileges, the VoiceTouch software (“Software”) as a registered VoiceTouch subscriber (“Subscriber,” or “you”) and your use of the VoiceTouch website as a visitor. This Agreement incorporates by reference Rockit Media Inc.’s privacy Policy and any terms and conditions published by Rockit Media Inc. that are applicable to the use of additional features utilized by you. “BY CLICKING THE “ACCEPT” CHECKBOX BELOW AND THEN CLICKING “NEXT” YOU AGREE TO AUTHORIZE ROCKIT MEDIA INC. TO ACT AS YOUR AUTHORIZED AGENT IN EXTENDING YOUR “EXPRESS WRITTEN CONSENT” TO SELECT BUSINESS SUBSCRIBERS TO ROCKIT MEDIA INC.’S ONLINE MARKETING SERVICE PORTALS. THESE “SELECT” BUSINESSES WILL BE IDENTIFIED AS THOSE YOU HAVE CHOSEN TO ADD TO YOUR LIST OF “FAVORITE BUSINESSES”; AS FURTHER DEFINED IN THE CONTEXT OF THE VOICETOUCH ONLINE SERVICE AND OTHER SERVICES OFFERED BY ROCKIT MEDIA INC. BY SELECTING A BUSINESS AS “FAVORITE BUSINESS” IN THE VOICETOUCH ECOSYSTEM, YOU CONFIRM TO ROCKITMEDIA INC. THAT YOU HAVE EITHER AN ESTABLISHED AND ACTIVE BUSINESS RELATIONSHIP WITH THE BUSINESS YOU HAVE SELECTED; OR YOU ARE, BY YOUR ACTIONS USING ROCKIT MEDIA’S ONLINE SERVICES, ESTABLISHING A NEW AND ACTIVE BUSINESS RELATIONSHIP WITH THE SELECTED BUSINESS. YOUR CONSENT TO BE CONTACTED THROUGH ROCKIT MEDIA INC.’S ONLINE COMMUNICATION SERVICES WILL BE EXTENDED ONLY TO THOSE BUSINESSES THAT YOU HAVE ADDED TO YOUR LIST OF “FAVORITE BUSINESSES”. THIS “EXPRESS WRITTEN CONSENT” OFFERED BY YOU, VIA ROCKIT MEDIA INC. ACTING AS YOUR AUTHORIZED AGENT, REPRESENTS YOUR AGREEMENT FOR YOUR “FAVORITE BUSINESSES” TO SEND YOU AUTOMATED NOTIFICATION MESSAGES, BY TELEPHONE, EMAIL, SMS, OR MMS, ABOUT THEIR PRODUCTS AND SERVICES. THEY WILL CONTINUE TO RETAIN YOUR AUTHORIZATION, REGARDLESS OF THE AMOUNT OF INTERACTION THEY HAVE WITH YOU OVER TIME, IN AN ONGOING FASHION UNTIL SUCH TIME AS YOU USE A ROCKIT MEDIA INC. WEB PORTAL, OR OTHER AUTHORIZED COMMUNICATION MECHANISM, TO END YOUR RELATIONSHIP WITH THE CLIENT BUSINESS. Rockit Media Inc. may modify this Agreement from time to time and change the features made available through the Services. Any such modifications and/or changes will become effective immediately upon notice. Modified versions of this Agreement shall be effective upon posting by Rockit Media Inc. following notification to you. Notice may be made by any available means, including but not limited to posting on the VoiceTouch website at www.myvoicetouch.com, the VoiceTouch mobile website at m.myvoicetouch.com, email notice, and/or SMS notification. You agree to be bound to any changes to this Agreement by using the Services or accessing the VoiceTouch website. Accordingly, you must review this Agreement regularly to ensure you are updated as to the then-current terms and conditions applicable to the Services and Software. You can determine when this Agreement is changed by examining the “Last Update” date at the end of this Agreement. If you do not agree to this Agreement or any changes or modifications to it, you may not use the Software or the Services. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN INFORMATION PROVIDED BY YOU WILL BE MADE PUBLICLY AVAILABLE BY ROCKIT MEDIA INC., AS FURTHER PROVIDED IN THE “PUBLIC CONTENT” SECTION BELOW. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU MAY INCUR CHARGES AND/OR FEES FROM YOUR WIRELESS CARRIER, DEPENDING UPON YOUR WIRELESS PLAN, SINCE THE USE OF THE SERVICES INVOLVES USE OF MOBILE VOICE AND DATA FEATURES WHICH INCLUDE SMS AND/OR MMS NOTIFICATIONS SENT TO YOU AND BY YOU AS PART OF THE SERVICES AND THE RETRIEVAL AND SENDING OF VOICE MESSAGES THROUGH YOUR MOBILE PHONE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH CHARGES AND FEES. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE, AND THAT ROCKIT MEDIA INC. MAY SEND TO YOU, MESSAGES THROUGH THE SERVICES EVEN IF YOU HAVE REGISTERED YOUR MOBILE PHONE NUMBER ON A DO-NOT-CALL LIST, SUCH AS THE NATIONAL DO NOT CALL (DNC) REGISTRY IN THE UNITED STATES. Your License to Use the Services and Software To use the Services, you must set up an account. If you set up a VoiceTouch account other than through www.myvoicetouch.com or m.myvoicetouch.com (for example, through a VoiceTouch Widget), then you may not have access to all VoiceTouch features. To obtain all account features, you must create a full access account by registering through m.myvoicetouch.com or www.myvoicetouch.com or through direct registration methods made available by Rockit Media Inc. Unless you register for a full access account, (a) you will not receive all rights and licenses granted in this Agreement (for example, you will not have rights to use Software) and Rockit Media Inc. will only provide you with certain features of the Services in its sole discretion notwithstanding anything to the contrary in this Agreement; and (b) all rights and remedies afforded to Rockit Media Inc. in this Agreement shall apply. You agree that Rockit Media Inc. may validate your mobile phone number and, upon Rockit Media Inc.’s request, you will provide sufficient proof of your identity for validation by Rockit Media Inc. Some features require the use of Software. Subject to the terms and restrictions set forth in this Agreement, Rockit Media Inc. grants you a non-exclusive, non-transferable license when you set up a full access account, to: (a) download and install Rockit Media Inc. developed Software on multiple computers and devices; and (b) use the Software for the sole purpose of using and accessing the Services. You may not use, copy, modify, or transfer the Software, in whole or in part, or reverse engineer, disassemble, decompile, modify or translate the Software, or otherwise attempt to derive the source code of the Software (collectively, “Software Limitations”), or use the Services except as expressly provided in this Agreement. You may use the Software and Services only for your personal use and may not share your account with a third party. The Software is licensed, not sold, to you for use only under the terms of this Agreement, and Rockit Media Inc. reserves all rights not expressly granted to you. Except for the foregoing license grant, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other rights in respect to the Software or Services. You are responsible for complying with any local laws in its jurisdiction, which might impact your right to import, export or use the Software and/or Services. You represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable. You must be at least 13 to subscribe to, use and access the Services and Software. Requirements to Use the Services To take full advantage of the Services, you need to have a computer with Internet access and a mobile phone and wireless services with necessary wireless data features. You are solely responsible for all equipment and services (and related costs and expenses, such as wireless data fees) necessary for you to use and access the Services. You represent and agree that you: (a) are of legal age to form a binding contract; (b) will comply with all applicable laws and regulations; and (c) will provide and maintain true, accurate, current, and complete information about yourself when setting up an account. You also understand and agree that the Services may include certain communications from Rockit Media Inc., such as service announcements and administrative messages, and that these communications are considered part of your account and you will not be able to opt out of receiving them. Further, you agree that the Services may involve textual, graphic, and/or audio advertisements throughout all features of the Services, including but not limited to advertisements within SMS and/or MMS messages, and that these advertisements are a necessary part of the Services and that you may not opt out of receiving them. You hereby authorize Rockit Media Inc. to import contact list data designated by you into your account and, to the extent that you import or authorize the importation of any such data from a third party, you represent and warrant that you have the right to provide such data to Rockit Media Inc. without violating any third party rights or agreements and that importation of such data is at your express authorization. Public Content IF YOU SIGN UP FOR THE SERVICES ON OR AFTER OCTOBER 30, 2008, YOU ACKNOWLEDGE AND AGREE THAT CERTAIN INFORMATION PROVIDED BY YOU WILL BE MADE PUBLICLY AVAILABLE THROUGH THE SERVICES, SOME OF WHICH YOU CAN REMOVE FROM PUBLIC VIEW BY CHANGING YOUR PRIVACY SETTINGS THROUGH THE SERVICES, AND SOME INFORMATION WHICH WILL REMAIN PUBLICLY AVAILABLE, AS FURTHER PROVIDED BELOW. INFORMATION THAT IS MADE PUBLICLY AVAILABLE THROUGH THE VOICETOUCH SERVICES IS CALLED “PUBLIC CONTENT.” YOU ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE SMS, MMS, AND/OR EMAIL MESSAGES FROM THIRD PARTIES WHO ACCESS YOUR PUBLIC CONTENT AND THAT ROCKIT MEDIA INC. SHALL NOT HAVE ANY LIABILITY TO YOU WITH RESPECT TO SUCH MESSAGES OR THE COSTS ASSOCIATED WITH THOSE MESSAGES. Information that is never made publicly available includes the following: birth date zip code Information that is made publicly available and cannot be removed from public availability while you remain a VoiceTouch subscriber (“Static Public Content”) includes the following: first name (or data provided in name field) picture age city Information that is made publicly available but which may be removed from public view includes the following: phone type voice intro gender relationship status looking for status interests tagline Information that is not currently made publicly available but which may or may not be made publicly available by you in the future includes the following: email address You hereby grant Rockit Media Inc. and its successors and assigns an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, modify, translate, excerpt (in whole or in part) and distribute all Public Content for any purpose on or in connection with the Services or the promotion thereof (including commercial, advertising, or other purposes) to prepare derivative works of, or incorporate into other works, such Public Content, and to grant and authorize sublicenses of the foregoing (b) you represent and warrant that you have all rights in and to such Public Content to grant the foregoing rights and have obtained all releases, consents, licenses and permissions necessary to make Public Content publicly available without violating the legal rights of any third party. You can remove Public Content when you like (except for Static Public Content), in which case the license you granted above terminates; provided, however, that after you elect to discontinue public availability of your Public Content, Rockit Media Inc. may (i) retain copies of Public Content for backup and archival purposes; and (ii) to the extent commercially necessary, exercise the license granted by you to Rockit Media Inc. Limitations on Use Depending on your geographic location and wireless carrier, the Services may not be available to you. For example, if you are located outside the U.S., the mobile features of the Service may not be available to you. You are responsible for determining whether the Services are available in your area and through your wireless carrier. You acknowledge and agree that: (a) you will use the Software and Services in only in compliance with applicable laws, rules and regulations; (b) Rockit Media Inc. may limit the storage capacity for your account and the size and number of messages stored and/or transmitted; (c) any data, information, text or other communication, etc., which you upload, post, share, store, receive or transmit using the Services may be accessed or intercepted, albeit without authorization from you or Rockit Media Inc., and that Rockit Media Inc. is not liable for such unauthorized access; (d) you may not create a VoiceTouch account other than for yourself or create a VoiceTouch account which uses a false identity or impersonates any person or entity; (e) you may not use any automated system to use, access, or interact with the Services; and (f) you will only use the Service and/or Software for the sending, storing, and receiving messages in accordance with the terms hereof, and will not use the same in any manner which may degrade the performance or availability of the Services provided to subscribers generally. You shall not use the services: (a) to solicit personal information from anyone under 18; (b) to provide false or misleading information; (c) to conduct, promote, or enable any criminal or illegal activity; (d) to post, share, store, send, create, publish, or distribute any images, sounds, messages or other materials which are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory or libelous, or violate or infringe the rights (including but not limited to rights privacy or copyrights) of third parties; (e) for any activity that may be considered unethical or immoral, or to “spam” or send other such unsolicited mass e-mails, voicemails, or SMS or MMS messages; (f) to post, share, solicit, store, send, create, publish, or distribute any images, sounds, data or other information in violation of applicable law; or (g) to disclose private information of someone else, including but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Unless authorized in writing by an officer of Rockit Media Inc., (a) you will not use the Services or Software for commercial purposes, including but not limited to dissemination of any messages that contain advertising or any messages for political or promotional campaigns; (b) you will not resell or enable or allow the reselling of the Services or VoiceTouch accounts; (c) you will not create or use VoiceTouch accounts for use by third parties; (d) you will not use the services to harvest subscriber contact information for the purposes of sending unsolicited communications; and (e) you will not provide access to the VoiceTouch website or VoiceTouch accounts through any mechanism, including but not limited to framing the VoiceTouch website within another website or creating VoiceTouch accounts associated with other accounts not managed by Rockit Media Inc.. You will be solely liable for your use of the Services and you agree that you are, and shall be, fully responsible for, and shall take all reasonable steps necessary in order to, establish and implement any and all measures needed to limit the control and/or access to your handheld device, your account with the Service, the Software, any related data or communications transmitted or received by you, as well as any related computer systems with which you use to connect to the Services (including, without limitation, the selection of passwords and the like). Rockit Media Inc. reserves the right in its sole discretion to (i) delete, move, block, or edit messages and any content that it, in its sole discretion, deems to violate this Agreement, or (ii) take any other action that it deems necessary relating to use or misuse of the Service, including the right to suspend or terminate your use of the Services. You agree that Rockit Media Inc. shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Services or any suspension or termination of any VoiceTouch account . You hereby grant to Rockit Media Inc. a worldwide, non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute messages and any contact information and/or data you provide to Rockit Media Inc. or authorize Rockit Media Inc. to obtain, in each case for the sole purpose of delivering the Service. Rockit Media Inc. is under no obligation to provide you with maintenance, technical support or updates for the Software or Services. Rockit Media Inc. reserves the right to limit the number and duration of messages which may be sent by you through the Services, the number of recipients of such messages, and the number of contacts imported to, exported from, or stored in your account. YOU ACKNOWLEDGE AND AGREE THAT ROCKIT MEDIA INC. MAY IN ITS SOLE DISCRETION, AND WITHOUT ANY LIABILITY TO YOU, DELETE OR REMOVE SOME OR ALL CONTENT, DATA AND MESSAGES STORED AND/OR MADE AVAILABLE THROUGH THE SERVICES. VoiceTouch Third Party Business Messaging VoiceTouch Services include a feature that enables non-business subscribers to sign up to receive VoiceTouch messages containing targeted and personalized marketing/advertising information from select third party business subscribers to VoiceTouch. If you allow a third party business to send you marketing messages using the VoiceTouch service you agree that; (a) this acceptance represents your express written consent to establish a business relationship with the designated third parties and, in addition to the other obligations set forth in this Agreement, you agree that: (b) you will comply with all laws, rules and regulations with respect to use of the VoiceTouch system in a business to consumer marketing context and further agree; (c) you will not disclose, publish, share, assign or otherwise transfer any information obtained by you from such businesses except under express authorization from such businesses and only if such businesses have pre-approved how such information is used and are otherwise provided with all legal rights available to them related to such information; and (d) you shall not include any advertisement in your SMS or MMS notifications or in related voicemails without the express written authorization from Rockit Media INC. WHILE VOICETOUCH REQUIRES SENDERS TO AGREE TO THIS AGREEMENT, ROCKIT MEDIA INC. DOES NOT VALIDATE THEIR LEGAL IDENTITY OR PRE-SCREEN OR APPROVE MESSAGES. ROCKIT MEDIA INC. DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, AS TO THE IDENTITY OR AUTHENTICITY OF THE SENDER. YOUR SUBSCRIPTION IS MADE AT YOUR SOLE RISK AND ROCKIT MEDIA INC. IS NOT RESPONSIBLE FOR THE USE, COLLECTION AND/OR SHARING OF DATA AND/OR PERSONAL INFORMATION PROVIDED TO ANY THIRD PARTY OR THE CONTENT OF ANY MESSAGES SENT BY ANY THIRD PARTY. THEREFORE YOU SHOULD EXERCISE CAUTION WHEN CONSIDERING TO PROVIDE PERSONAL INFORMATION TO A THIRD PARTY SENDER OR TO CONDUCT ANY TRANSACTIONS RELATED TO THIRD PARTY SENDERS. BY SUBSCRIBING TO RECEIVE MARKETING MESSAGES FROM A THIRD PARTY BUSINESS SUBSCRIBER, YOU HEREBY AUTHORIZE ROCKIT MEDIA INC. TO PROVIDE THE THIRD PARTY BUSINESS SUBSCRIBER THE DATA PROVIDED BY YOU WHEN SUBSCRIBING TO RECEIVE MARKETING MESSAGES FROM THE THIRD PARTY SUBSCRIBER AND YOU CONSENT TO RECEIVE MESSAGES FROM THE THIRD PARTY BUSINESS SUBSCRIBER AS PART OF YOUR SUBSCRIPTION TO THE VOICETOUCH SERVICE. IF YOU SUBSCRIBE TO A THIRD PARTY BUSINESS SUBSCRIBER, YOU: (A) HEREBY AUTHORIZE ROCKIT MEDIA INC. TO PROVIDE THE DATA PROVIDED BY YOU UPON SUBSCRIBING VOICETOUCH; (B) CONSENT TO RECEIVE MESSAGES (SMS, MMS, EMAIL AND RELATED VOICEMAILS) FROM THE THIRD PARTY SENDER AS PART OF YOUR SUBSCRIPTION TO THE VOICETOUCH SERVICE; (C) AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF INFORMATION MADE AVAILABLE TO THE THIRD PARTY SENDER; AND (D) ACKNOWLEDGE AND AGREE THAT ROCKIT MEDIA INC. AND ITS SUCCESSORS WILL NOT HAVE ANY LIABILITY TO YOU FOR THE PROVISION OF SUCH DATA TO THE THIRD PARTY SENDER OR THE USE OR MISUSE OF SUCH INFORMATION BY THE THIRD PARTY SENDER OR ANY OTHER RELATED THIRD PARTY. Feedback You agree that any input or feedback you provide to Rockit Media Inc., including but not limited to usability, bug reports and test results, with respect to the Software and/or Services shall be the property and confidential information of Rockit Media Inc. and may be used by Rockit Media Inc. for any purpose and you hereby assign all right, title and interest therein, including all intellectual property rights therein, to Rockit Media Inc. Rockit Media Inc. provides no assurance that any specific errors or discrepancies in the Software or Services will be corrected. Ownership All right, title, and interest, including all intellectual property rights, in and to the Software and Services are owned by Rockit Media Inc. or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Rockit Media Inc.’s or its suppliers’ ownership of or rights with respect to the Software or Services. Title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by applicable law. The licenses granted under this Agreement do not give you any rights in or to such content other than as expressly set forth in this Agreement. Term and Termination This Agreement is effective until terminated. This Agreement will terminate immediately without notice to you upon the earlier of (i) Rockit Media Inc.’s election to terminate this Agreement with you; or (ii) the effective date of a new version of this Agreement as set forth above, or (iii) your breach or failure to comply with any term or condition of this Agreement. Rockit Media Inc. reserves the right to modify or terminate this Agreement, or any of its services and/or product offerings at any time without notice to you. Upon termination, the license granted herein shall cease, your account and any associated data will be deleted, and you shall promptly destroy the Software or return the Software to Rockit Media Inc. The licensed you’ve granted to Rockit Media Inc., the Software Limitations, the restrictions on your use of content made available through the Services, and the following Sections shall survive termination or expiration of this Agreement: “Limitations on Use,” VoiceTouch Third Party Business Messaging”,” “Feedback,” “Ownership,” “Term and Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General.” Site Content All content that is made available to view and/or download in connection with Rockit Media Inc. websites (collectively, the “Sites”) is the copyrighted work of and is owned by Rockit Media Inc. and/or its licensors, as applicable, and is protected by copyright laws and international treaty provisions. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of Rockit Media Inc. and the copyright owner. The Site may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of Rockit Media Inc. and Rockit Media Inc. is not responsible for the availability, contents, or performance of any Linked Sites. Rockit Media Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rockit Media Inc. of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators. “Rockit Media Inc.”, VoiceTouch and the VoiceTouch logo are trademarks of Rockit Media Inc. and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner. Copyright Policy Rockit Media Inc. respects the intellectual property of others, and we expect our users to do the same. Rockit Media Inc. may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Services, you should provide Rockit Media Inc.’s copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Rockit Media Inc.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Rockit Media Inc., 10714 West 85th Place By phone: (303) 522-5477 By fax: (303) 422-9694 By email: info@rockit.me Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROCKIT MEDIA INC. AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SERVICES AND SITE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROCKIT MEDIA INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR SERVICES AND/OR SITE OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ROCKIT MEDIA INC. OR ANY SUPPLIER, AND EVEN IF ROCKIT MEDIA INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ROCKIT MEDIA INC.’S AGGREGATE LIABILITY TO YOU EXCEED U.S.$1.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ROCKIT MEDIA INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THIS AGREEMENT BY YOU, (II) ANY ACTIVITY RELATED TO ACCESS TO OR USE OF YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING OR USING THE SERVICES THROUGH YOUR ACCOUNT, OR (III) ROCKIT MEDIA INC.’S AUTHORIZED USE OF DATA PROVIDED BY YOU OR DATA OBTAINED AND USED BY ROCKIT MEDIA INC. AS AUTHORIZED BY YOU UNDER THIS AGREEMENT. Licenses to Government Users The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end-users acquire the Software with only those rights set forth herein. Access by Minors Following the requirements of 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information on how to obtain such protections see GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Rockit Media Inc. does not endorse any particular provider or service that enables parental controls. Notice to California Users Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. General This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California. You agree(s) that conflicts of laws principles of such laws and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are hereby excluded in their entirety from application to this Agreement. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to this Agreement. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you in whole or in part without the prior written approval of Rockit Media Inc. Any assignment in derogation of the foregoing shall be null and void. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a valid, legal and enforceable provision that will be as similar as possible in economic and business objectives as were intended by the unenforceable provision. This Agreement sets forth the entire understanding and complete and exclusive statement of the agreement between Rockit Media Inc. and You which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. Copyright ? 2008 Rockit Media Inc., All Rights Reserved.

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