Last Updated: August 29th, 2013

1. Agreement.

(a) Acceptance. Welcome to Mobizzo, a web, WAP and mobile interactive service (the "Service") owned and operated by Jesta Digital, LLC, a Delaware limited liability company ("Company," "we" or "us"). The Service includes the website located at www.mobizzo.com and the WAP site located at m.mobizzo.com (collectively, the "Site"). These Terms and Conditions govern the use of the Service. By using the Service, you unconditionally agree to these Terms and Conditions, including, that as part of the service, your agreement to receive communications from Mobizzo via text message (SMS). The Service is only for your own personal use. You may not use the Service for commercial purposes, or in any way that harms Company or any other person or entity, as determined by Company in its sole discretion. For the sake of completeness, the Mobizzo Privacy Policy located at http://www.mobizzo.com/privacy.page and the Mobizzo Sweepstakes Official Rules at http://www.mobizzo.com/sweepstakes-rules.page are incorporated herein by this reference.

(b) Modification. Company may modify these Terms and Conditions, including, but not limited to, the methods through which "Tickets" (as defined herein) can be earned, how Tickets can be used, the types or "classes" of Tickets available, and the conditions under which Tickets may be expired or forfeited, at any time, with or without prior notice, even though such changes may affect your ability to use the Tickets you have already earned. If Company amends these Terms and Conditions, it will revise the "last updated" date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that Company considers to be material, Company will place a notice on the Site by revising the link on the home page to read substantially as "Updated Mobizzo Terms and Conditions" for a reasonable amount of time which may be up to sixty (60) days. If you continue to use the Service by taking Quizzes, earning Tickets, redeeming Tickets, logging into your "Account" (as defined herein) or in any other way after these Terms and Conditions have been changed with respect to any non-price terms, you will be deemed to have read, understood and unconditionally agreed to such changes. If you do not agree to be bound by (or cannot comply with) the Terms as amended, you agree that your sole remedy is to cease using the Service by texting "STOP" to 66249, or otherwise contacting Company to discontinue the Service as described in section 2(g), below. For purposes of clarification, your subscription price will not be changed absent your express consent. The most current version of these Terms and Conditions will be available on the Site and will supersede all previous versions of these Terms and Conditions.

(c) Termination of the Service. The Service has no predetermined termination date and may continue until such time as Company decides to terminate the Service. Company may terminate the Service at any time, with notice on the Site and/or via email or SMS to the email/mobile phone number currently on file with the applicable "Member" "Account" (as such terms are defined herein). You will have a period of time selected by Company within which to use your remaining Tickets. Company makes no representation or warranty about the number or type of "Rewards" (as described below) that may be made available after Service termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Service termination has been announced. Any Tickets remaining in your Account at the time of termination will be forfeited and no compensation will be provided.

2. Membership.

(a) Subscription; Registration Information. The Service offers a premium mobile subscription membership that gives you access to "Quizzes" (as defined below), Sweepstakes (as defined below), "Text Alerts" (as defined below) and other content for $9.99 per month ("Membership"). You must register for Membership by providing true, accurate, current and complete information about yourself as requested in the Service registration forms on the Site (the "Registration Information"). We may collect some of the Registration Information via your mobile phone. You agree to update the Registration Information to keep it current and accurate. If we determine that your Registration Information is untrue, inaccurate, not current or incomplete, then we may suspend or terminate your Membership.

(b) Age; Residency. The Service is only open to legal residents of the United States who are at least 13 years old at the time of registration. If you reside in Florida or Maine, you must be at least 18 years old at the time of registration to register for Membership. Subject to the foregoing restriction in Florida and Maine, if you are between the ages of 13 and 18, a parent or legal guardian may register for Membership on your behalf. The Service is intended for use only in the U.S. by legal residents of the U.S. You agree that you will not access the Site or use the Service outside the U.S. The Site is hosted in the U.S. and is intended to be compliant only with U.S. laws and regulations.

(c) Account Holder; Minors. By registering for membership, you represent that you are the mobile phone account holder or have the account holder's permission to register. If you are a parent permitting a person under the age of majority in his or her home state (a "Minor") to use the Site and/or Service, you agree to: (i) exercise supervision over the minor's use of Site and/or Service; (ii) assume all risks associated with the Minor’s use of content received through the Site and/or Service, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the Minor’s use of Service, including payment obligations associated with Membership; and (iv) ensure the accuracy and truthfulness of all Registration Information submitted by the Minor.

(d) Registration. To register for Membership, in addition to providing the Registration Information, you must enter your mobile phone number at the Site and hit the "Submit" button on the Membership sign-up page. You can also register via text message by texting "JOIN" to 66249. If your application is approved, we will either send a confirmation PIN Number to the mobile phone number that you provided or send a confirmation text message requesting that you respond "Y" by text message. By entering the confirmation PIN Number on the PIN submission page on the Site or replying "Y" via text message to the confirmation text message that we send to your mobile phone, you acknowledge and agree that: (i) you have registered for Membership at $9.99 per month unless otherwise specified on the Site (the "Monthly Fee"), which will be billed to your designated mobile phone account or deducted from your prepaid account; (ii) the Monthly Fee will appear on your monthly mobile phone bill as "Mobizzo subscription" (this may vary depending on your mobile phone carrier; please be advised that Mobizzo and your mobile phone carrier are not affiliated); (iii) you have read, understood and agree to the Mobizzo Privacy Policy and these Terms and Conditions; and (iv) if we are unable to successfully bill the Monthly Fee, you will not be able to access the Service.

(e) Account. Upon completion of your Membership registration, you become a "Member" and have an "Account" on the Site. You will be granted access to your Account by means of your phone number and PIN. You are responsible for maintaining the confidentiality of your Account information and controlling access to your Account. You may not permit others to use your Account. You should not give your PIN to any other person. You will be responsible for all use of your Account, whether or not authorized by you. You must immediately notify customer service of any unauthorized use of your mobile phone number, PIN, or Account by texting "HELP" to 66249, by visiting www.mobizzo.com/help.page or by calling 800-218-7629. You cannot have more than one Account per mobile phone number. If you attempt to obtain more than one Account per mobile phone number, Company may terminate your Membership and all Tickets in your Account(s) may be forfeited. Corporations, associations, or other groups may not participate in the Service or claim Rewards. It is fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Tickets for combined use, unless such use is expressly permitted by Company.

(f) Monthly Fee; Billing. The Monthly Fee will appear on your mobile phone bill or be deducted from your prepaid mobile phone account. We reserve the right to reject any mobile phone account in our sole discretion. The Service and/or Membership may not be available on all carriers. As message and data rates may apply to your use of the Service (including, without limitation, regular text messages which we may send you and error messages), we strongly recommend mobile phone plans which provide unlimited data and/or unlimited text messaging for a fixed monthly fee. If you travel internationally, 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. Subject to the provisions of section 1(b), above, we reserve the right to change the Monthly Fee and/or billing practices at any time. For purposes of clarification, your subscription price will not be changed absent your express consent. Failure to use your Membership does not constitute a basis for refusing to pay any of the Monthly Fee. You are responsible for paying any sales, use or other taxes related to the Service.

(g) Cancellation. Your Membership continues until it is cancelled. You can cancel your Membership at any time by texting "STOP" to 66249 or by calling 800-218-7629. If you cancel your Membership, we will not refund any Monthly Fees paid prior to the date of cancellation, and you will remain liable for any unpaid charges billed to your mobile phone bill or deducted from your prepaid account. A Member's sole recourse with respect to any dispute with us is to cancel their Membership. If you send us a "STOP" message pursuant to this section, we may send you a confirmation message confirming your election. Additionally, if you do not have Membership and you send us a "STOP" message, each time you do so, we may be send you a text message advising that you are not a Member and do not have a subscription to the Mobizzo Service and that no further messages will be sent. For help send us a "HELP" message to 66249 or call 800-218-7629.

3. Service.

(a) Quizzes; Tickets. Members may request and receive daily quizzes (each, a "Quiz") by texting "QUIZ" to 66249 or via the Site. One Quiz per day will be available from 12:01 AM Pacific Time ("PT") to 11:59 PM PT. Each Quiz will consist of five (5) progressively more difficult questions. Members are granted "Tickets" for correct answers to Quiz questions. The minimum number of Tickets awarded for a daily Quiz is five (5); the maximum is one hundred (100). The number of Tickets actually awarded depend on the number of Quiz questions the Member answers correctly, as follows:

Questions answered correctly Tickets Rewarded
0 5
1 10
2 25
3 45
4 70
5 100

If a Member answers a question incorrectly, the Quiz is finished and the Member is awarded Tickets based on the number of questions answered correctly prior to the incorrect answer (if any). For example, if a Member answers three questions correctly and the fourth question incorrectly, the Member is awarded forty-five (45) Tickets for the applicable daily Quiz. All answers to Quizzes must be submitted by texting the letter corresponding with the selected answer to 66249 (for Quizzes taken via SMS) or by entering the letter corresponding with the selected answer in the Site (for quizzes taken via the Site) before 11:59 PM ET on the day of the applicable Quiz. Submissions after the applicable deadline for any day will be void and no Tickets will be awarded. Members understand and agree that Company assumes no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Quiz answers provided by Members. All Quizzes on the Service are intended for entertainment purposes only and Company assumes no responsibility for the accuracy of the Quizzes or any answers thereto. Only answers that are in a form and substance recognized by Company as the correct answer will qualify to earn Tickets.

(b) Single Purchase Quizzes. In additional to the daily Quizzes available for the Monthly Fee, Members may purchase an additional Quiz at any time for ninety-nine cents ($0.99) by texting "BONUS" to 66249. Single purchase bonus Quiz fees will appear on your monthly mobile phone bill as "Mobizzo bonus quiz." Members may also purchase a Quiz worth triple points at any time for $1.99 by texting "MEGA" to 66249. Single purchase mega Quiz fees will appear on your monthly mobile phone bill as "Mobizzo mega quiz." Subject to applicable carrier restrictions, there is no limit to the number of BONUS or MEGA Quizzes a Member may purchase. All fees for such Quizzes are in addition to the Monthly Fee and will appear on your mobile phone bill or be deducted from your prepaid account. BONUS or MEGA Quizzes are for Members only and may only be requested and played by text message. If you have questions about MEGA and BONUS Quizzes, text "HELP" to 66249, visit www.mobizzo.com/help.page or call 800-218-7629. BONUS and MEGA Quizzes not available for T-Mobile subscribers.

(c) Ticket Redemption. Members may redeem Tickets for "Reward(s)" and/or Sweepstakes entry(ies) as further described below ("Ticket Redemption") and as disclosed at the time the Ticket earning opportunity is presented. The Service may award more than one type or "class" of Tickets. Tickets are not redeemable for cash and have no cash value and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Tickets used or obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Tickets must be redeemed in accordance with these Terms and Conditions. Tickets will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Tickets cannot be used in combination with any other discount, coupon or offer unless specifically permitted by the terms of a specific promotion. Tickets are non-transferable to other Members, other Accounts, or otherwise. Any Tickets awarded to you remain in your Account until (i) you redeem them for a Reward(s) and/or Sweepstakes entry(ies), (ii) your Account is cancelled or terminated, or (iii) we discontinue Ticket Redemption. When a Member redeems Tickets for a Reward or Sweepstakes entry, we will deduct the corresponding number of Tickets from that Member’s Account. We may terminate the Ticket Redemption at any time for any reason for any Member upon thirty (30) days advance notice via text message to the mobile phone number that the Member provided during registration. Members’ Ticket balances will be displayed on their Account pages on the Site. Company's accounting of a Member’s then-current Ticket balance is definitive and final; provided, however, that we may make adjustments if we conclude that there is an error. Any dispute with respect to the number of Tickets earned and/or redeemed by a Member will be resolved by Company in its sole and absolute discretion.

(d) Rewards. Members may redeem Tickets for Rewards selected from a catalog made available at www.mobizzo.com/prizes/overview.page (the "Rewards Catalog"). Rewards featured in the Rewards Catalog, or in any advertisement or marketing material for the Service ("Advertisement"), are subject to availability as determined by Company in its sole discretion. Company may change, modify, amend or remove a Reward or change the number of Tickets required to redeem a Reward at any time, without notice, in its sole and absolute discretion. Members may not rely on continued Reward availability. Any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Company or its designee or the third party business partner supplying the Reward. Rewards will be sent to the redeeming Member within the time specified in the Rewards Catalog, or if no such time is designated, within eight (8) to twelve (12) weeks after redemption. We reserve the right in our sole discretion to substitute out-of-stock, discontinued or otherwise unavailable Rewards with items of comparable or greater value, or to offer a cash equivalent. For additional details about available Rewards, see the Reward Catalog Page at www.mobizzo.com/prizes/overview.page. Rewards pictured in promotional materials, online, television and print advertising, promotional packaging, and other Service materials are for illustrative purposes only. Actual Rewards may vary from those pictured.

(i) Downloadable Rewards. "Downloadable Rewards" may include ringtones, wallpapers, graphics and games. Not all carriers or mobile phone models support Downloadable Rewards. We will use commercially reasonable efforts to let you know whether your mobile phone can receive Downloadable Rewards. If you elect to receive a Downloadable Reward and it does not load on your mobile phone, please contact Customer Service by texting "HELP" to 66249 or by visiting www.mobizzo.com/help.page.

(ii) Physical Rewards. "Physical Rewards" may include movie vouchers, gift certificates, and electronics items. We will pay all shipping and handling fees associated with Physical Rewards. However, once a Physical Reward is shipped, we are not responsible for any risk of loss or damage to such Physical Reward. Physical Rewards will only be shipped to addresses within the U.S. You will be asked to provide a shipping address and other contact information when you redeem Tickets for a Physical Reward.

(iii) Rewards Disclaimer. Rewards featured in the Rewards Catalog, in the in any advertising or promotional materials, on the Site and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty and/or guarantee claims, requests for technical or customer support, and returns for malfunction or damage to Rewards are not our responsibility and should be communicated to the applicable Reward Manufacturer, not to Company. All details of the Rewards not specified at the time of redemption will be determined by Company in its sole discretion. Members shall be solely responsible for all federal, state local taxes, including without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Company in its sole discretion, Company reserves the right to collect, withhold and remit to the appropriate taxing authorities the amount of any taxes due. Any trademarks associated with the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate the Service, the Site or Company is sponsored or endorsed by or otherwise affiliated with such trademark owners.

(e) Sweepstakes. Company may offer "Sweepstakes" from time to time in its sole and absolute discretion. Members may redeem Tickets for Sweepstakes entries from a list of Sweepstakes made available at www.mobizzo.com/prizes/overview.page. All participation in a Sweepstakes is governed by the Mobizzo Sweepstakes Official Rules (the "Sweepstakes Rules") available at www.mobizzo.com/prizes/overview.page. Members (and anyone else meeting the eligibility requirements provided in the Sweepstakes Rules) are also eligible to participate in all open Sweepstakes at no cost through the mail-in mechanism described in the Sweepstakes Rules. Please refer to the Sweepstakes Rules and the individual Sweepstakes details for eligibility restrictions, entry instructions, no cost alternative means of entry and other details regarding Sweepstakes. To the extent there is a conflict between these Terms and Conditions and the terms contained in the Sweepstakes Rules, those contained in the Sweepstakes Rules shall govern and control with respect to the Sweepstakes matters, but solely to the extent of such conflict.

(f) Text Alert Factoids. Members may request and receive daily factoids via text alert from the Service (each, a "Text Alert"). To receive Text Alerts, log on to the Site (web or WAP) and click the "Daily Factoids" promotional banner on the Site homepage. You will then be directed to your "Account Info" page. Note you can also click directly on the "Account Info" link on the Site homepage. Once on your Account Info page, you can opt to receive Text Alerts from categories such as entertainment, sports and general knowledge. Select from the available categories and confirm your selections. You will receive one (1) Text Alert per day per category selected. You can manage your Text Alerts (i.e. activate or cancel Text Alerts, select or de-select categories) at any time from your Account Info page. Text Alert service is included in the Monthly Fee, but standard carrier message and data rates apply. All Text Alerts (and the factoids contained therein) are intended for entertainment purposes only, and Company assumes no responsibility or liability for the truth, veracity or accuracy of any text Alert.

(g) License Grant; Acceptable Use. As a visitor to the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, and as a Member, the Service (including Quizzes, Sweepstakes and Text Alerts) in accordance with these Terms and Conditions. We may terminate this license at any time for any reason, whatsoever. You may use the Site, Service, Quizzes, Sweepstakes and/or Text Alerts for your own personal, non-commercial use. No part of the Site, Service, Quizzes, Sweepstakes and/or Text Alerts may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Service, Quizzes or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site, Service, Quizzes except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms and Conditions. The Site, Service and Quizzes and the copyrights, trademarks, service marks, tradenames, patents, and programming codes contained therein (the "Site Content") are owned by Company and/or its licensors and content providers, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Site Content. You agree not to use the Site Content for any unlawful purposes. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Service, Quizzes, Sweepstakes and/or Text Alerts. Any use of the Site Content other than as permitted by these Terms and Conditions will constitute a violation of these Terms and Conditions and may constitute copyright and/or patent infringement. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Site visitor, your license is provided solely for access to the Site in order to obtain information about the Service and/or Quizzes and to register for a Membership. Site visitors are not authorized to access any content and/or data available to Members. You agree not to interfere (or permit the use of your Membership or Account by a third party to interfere) with the normal processes or use of the Service by other Members, including without limitation by attempting to log in to the Accounts of other Members, attempting to access administrative areas of the Site, attempting to systematically extract Quizzes from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of these Terms and Conditions by others that you become aware of by calling us at 800-218-7629.

(h) Submissions. Company is pleased to hear from its Users and welcomes your comments regarding Company services and products. Nevertheless, Company’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Company’s or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show concepts/treatments, stories or character ideas, screenplays, or original artwork.

If you send or post certain specific submissions at our request or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Site or Company, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or Company shall be the sole property of Company and will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make to the Site or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Company’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Company’s actual or alleged exploitation or use of any material you submit to the Site and/or Company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall Company’s liability exceed $5,000.

If you submit a Submission, you agree not to: (i) submit libelous or defamatory Submissions; (ii) violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, "stalk" or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Site or other Members whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Site’s functions, the Service and/or the servers or networks connected to the Site; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, content designed to initiate "denial of service" attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site.

(i) Copyright Notice. If you are a copyright owner and believe that any materials appearing on the Site has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • The exact URL or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent, Mobizzo c/o Jesta Digital, LLC, 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048.

Upon receipt of the written notification as outlined above, Company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, Company seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.

(j) Content. We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Quizzes, Sweepstakes, Text Alerts or Submissions by other Members, or links to other content or services that may be distributed as Quizzes or otherwise on or through the Site. The Quizzes, Sweepstakes and Text Alerts contain information and material provided by our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions, Quizzes, Sweepstakes or Text Alerts. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, Quizzes, Rewards, Sweepstakes and/or Text Alerts. We do not represent or warrant that the Quizzes, Sweepstakes Text Alerts and/or Submissions posted on the Site and/or sent to you via text message, as applicable, is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service and/or Quizzes, Rewards, Sweepstakes and/or Text Alerts, or for any dispute between you and other Members or other third parties.

(k) Necessary Equipment. Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages for which a charge appears on your mobile phone bill. The Service is not available on certain mobile phone service provider platforms, and certain areas of the site may not be applicable to all carriers. Use of other aspects of the Service requires access to the Internet and the Site through which your Service is configured, customized and controlled.

4. Service Malfunctions and Content.

The officers, directors and employees of Company and its parent, subsidiary and affiliated companies (collectively, the "Mobizzo Entities") are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Service (in whole or in part) is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Service, Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the affected part of the Service or otherwise respond to the circumstances as Company deems appropriate. In the event Company is prevented from continuing with the Service as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Company's control (each a "Force Majeure" event or occurrence), Company shall have the right to modify, suspend, or terminate the Service, in whole or in part.

Any attempts by any Member to access the Site via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Service. Company, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Service or the Site; (ii) acting in violation of these Terms and Conditions (iii) acting in an unethical or disruptive manner (iv) acting with intent to annoy, abuse, threaten or harass Company its representatives or any other Member in any manner related to the Service, or (v) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Tickets. In the event a Member's Account is terminated in accordance with this paragraph, any Tickets and/or Rewards (if any) that Member may otherwise have been entitled to shall be void and/or forfeited and any Tickets and/or Rewards representative of value already received by member shall be subject to disgorgement and/or recoupment by Company.

5. General Provisions.

(a) Termination by Company. Company may cancel your Membership, cancel accumulated Tickets, reduce the amount of Tickets in your Account or suspend your Membership at anytime with immediate effect if Company determines in its sole discretion that you: (a) have failed to or refused to pay for the Service, (b) are seeking a refund for Monthly Fees previously paid, (c) have acted in a manner inconsistent with applicable laws or ordinances; (d) acted in a fraudulent or abusive manner; (e) breached any of these Terms and Conditions; (f) engaged in any fraud or abuse in earning or using Tickets; or (g) engaged in any conduct or act that otherwise causes Company to terminate or suspend your access to the Site. Company may also take appropriate administrative or legal action if any of the items listed above occurs. We further reserve the right to terminate any Membership, at any time, for any reason, by refunding any pre-paid Monthly Fees for the then-current month and/or by not renewing a Membership after the then-current billing period. Additionally, if a Member transfers their mobile phone number to a different wireless carrier, regulations require us to terminate the applicable Membership. In the event of termination, a Member's Tickets will expire immediately, the Member's Service history will be deleted, Member will no longer be able to log on to the Site, and any licenses to use the Service and Site will immediately be revoked. Nothing contained in these Terms and Conditions shall limit Company in its exercise of any legal or equitable rights or remedies.

(b) Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Site, Service, Quizzes, Sweepstakes and/or Text Alerts are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Site, Service, Quizzes, Sweepstakes and/or Text Alerts is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Site, Service, Quizzes, Sweepstakes and/or Text Alerts. Our posting of information and/or material at the Site, Service, Quizzes, Sweepstakes and/or Text Alerts does not constitute a waiver of any right in such information and/or materials.

(c) Indemnification. By using the Service, you agree to indemnify, defend and hold the Mobizzo Entities from and against any and all third party claims, alleged claims, causes of action, losses, liabilities, expenses (including, without limitation, attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever or arising out of or in connection with: (i) your use of the Site, Service, Sweepstakes, Submissions, Text Alerts or Quizzes; (ii) violation of these Terms and Conditions or any law; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws; (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions (vi) information or material posted or transmitted through your computer or Account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person (vii) any misrepresentation made by you; and/or (viii) Company's use of your information. You will cooperate as fully and as reasonably required in Company's defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the consent of Company. ACCRUED TICKETS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE SERVICE. COMPANY MAY REVOKE TICKETS AT ANY TIME AS SET FORTH HEREIN. TICKETS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. Any attempt by any person to undermine the legitimate operation of the Service may be a violation of criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company's failure to enforce any of these Terms and Conditions shall not constitute a waiver of that the affected provision, or any other, provision. All questions or disputes regarding an individual's eligibility for the Service, the earning, crediting or use of Tickets, or a Member's compliance with these Terms and Conditions will be resolved by Company in its sole discretion. Users can use the Contact Us button on the Site to raise issues relating to the Service, except for DMCA notices (which must follow the protocol set forth in paragraph 3(h) above), and Company will endeavor to respond to such communications.

(d) DISCLAIMER. THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, QUIZZES AND TEXT ALERTS ARE PROVIDED TO YOU ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, GUARANTIES AND REPRESENTATION OF ANY KIND, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE MEMBER TERMS. THE WEBSITE, SERVICE AND/OR QUIZZES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.

(e) LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MOBIZZO ENTITIES 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 ARISING OUT OF THE SERVICE, (EVEN IF THE MOBIZZO ENTITIES 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 THESE TERMS AND CONDITIONS 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 QUIZZES 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 5(e). 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 SITE, SERVICE, QUIZZES, TICKET REDEMPTION, REWARDS, SWEEPSTAKES, SUBMISSIONS, TEXT ALERTS AND QUIZZES 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 (EACH A "MOBIZZO AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY MOBIZZO AFFILIATE FOR OUR NON-PERFORMANCE.

(f) Mobile Phone Safety. Company urges you to never use your mobile phone to access the Service/Site or to otherwise send text message messages while operating a car or other motorized vehicle or in any other situation where accessing the Service/Site and/or sending text messages is unsafe, and you expressly agree, as a condition of your use of the Service/Site, 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/SITE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE/SITE IS UNSAFE TO YOU OR ANY THIRD PARTY.

(g) Choice of Law; Arbitration of Disputes; Class Actions. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Except as hereinafter provided, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity) arising from or relating to the Agreement or the relationships which result from this Agreement, including the existence of the Agreement as between You and Company or the validity or enforceability of this arbitration provision, any part thereof or the entire Agreement ("Claim"), shall be decided by binding arbitration in Los Angeles, California in accordance with the provisions of the Federal Arbitration Act, 9 U.S.C. §§1-16, as amended (the "Federal Arbitration Act"), to the exclusion of state laws inconsistent therewith. It is the intent of You and Company to require Claims to be submitted to arbitration on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures ("Rules"), except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Company's access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of this Agreement or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator. The statute of limitations applicable under California law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, Company may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

(h) Miscellaneous. These Terms and Conditions constitute the entire agreement between the parties regarding the use of the Service and the Site and supersedes all prior or contemporaneous communications between the user and us with respect to the Site and the Service. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, the remaining provisions of the Terms and Conditions will remain in full force and effect. Any aspect of the Service is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of these Terms and Conditions. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of these Terms and conditions. These Terms and Conditions shall not be construed against either party by reason of their drafting. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Site is Jesta Digital, LLC located at 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048, 800-218-7629. To file a complaint regarding the Site or to receive further information regarding use of the Site send a letter to the attention of the Legal Affairs Department at the above address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Effective Date: August 29th, 2013.

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