Jamster provides mobile entertainment content, such as ringtones, games, graphics, news, text games and other information data via the Internet, SMS, MMS, WAP, BREW, IVR and other means of mobile content delivery to certain compatible mobile devices (the "Service" or the "Jamster Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download or registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s). Please note that the Jamster Service is not compatible with all mobile devices.  Please check our Web Site for details concerning content availability for certain devices.

(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Jamster makes the Service available (e.g. a prepaid plan) as well as any carrier services necessary to download content (access to your carrier's data plan), and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Jamster's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

Text Message Communications. You expressly agree that, as part of the Jamster Service, you will, from time to time, receive communications from Jamster via text message (SMS), including our promotional newsletters or other information about the Service. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to info@jamster.com, or following the opt-out instructions in the text message. If you choose to opt out from receiving promotional messages, you may not opt out of service-related text messages. Please note that you may receive your password confirmation text message multiple times until you complete the sign-up process. If you send us a “STOP” message pursuant to section 8 below, we may send you a confirmation message confirming your election.  Additionally, if you are not a subscriber to the Jamster Service and you send us a “STOP” message, each time you do so, we may be send you a text message advising that you do not have a subscription to the Jamster Service and that no further messages will be sent.

Email Communications.  If you provide us with an email address, you agree to receive  promotional and account related email communications from Jamster. You may unsubscribe from promotional email communications by unsubscribing here or by sending an email to info@jamster.com.

(b) Subscription Plans and Individual Downloads.  When you sign up for a Subscription Plan, purchase Individual Downloads or use the Service in any way, message and data rates may apply along and the terms and conditions of your carrier service agreement. Please note that the Service and/or Individual Downloads may not be available for use on all mobile devices.  Check with your carrier service provider for details. If you Download an item of content that is not supported for use on your mobile handset, Jamster will offer such content in a comparable format.

(i) Subscription Plans. Company is offering through its Service a bundle of credits for a defined number of individual Downloads on a renewable subscription basis depending on the Jamster plan you choose (the "Subscription Plan(s)"). To view the Subscription Plans Company offers,  please review the Jamster Plans & Pricing page or contact 866-856-5267. The details of the plans (the number of credits or Downloads available as part of a particular Subscription Plan, the renewal period of a particular Subscription Plan, etc.) are incorporated into this Agreement by this reference and form part of the terms of this Agreement.  All terms and conditions of this Agreement shall govern the Subscription Plans.  After you have signed up for a Subscription Plan(s), you may view the details of your plan under "My plans" at My Jamster after you input your cell phone number and your password, or contact 866-856-5267.

The Subscription Plan between you and Company shall begin when Company, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that Company deems sufficient for your identification such as your mobile telephone number). Access to the Service can be provided by delivering to you mobile entertainment content of the content category you subscribed to (e.g., by delivering a ringtone or an info news - SMS message) or by enabling you to download the product (e.g., by delivering a WAP-Push link or a PIN for download of the mobile entertainment content on Company website) or by providing access to the mobile entertainment content (e.g., by enabling MSISDN for this product). The subscription period for each plan is set forth in the Jamster Plans & Pricing page. The Subscription Plan and subscription period will be renewed each month and a new subscription fee shall become due for the concerned subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or Company according to Section 8 of this Agreement.

The Jamster Subscription Plans include a certain defined number of credits that entitle you to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a periodic flat fee. After entering into your Subscription Plan, every month Company will transfer download credits to your account. The type and number of credits you are entitled to is dependent on the type of Subscription Plan you choose. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The periodic flat fee shall become due for every Subscription period  irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the periodic flat fee shall solely be the periodic provision of the right to download, receive and/or access mobile entertainment content, in other words the making available of the respective download and SMS credits. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, in other words the download of mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of mobile entertainment content items you are entitled to download, receive and/or access during that particular subscription period. Depending on the type of your subscription, if you do not use/redeem all your credits within the subscription period (1 month), the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your subscription plan or (b) will expire at the end of the respective subscription period. If you download mobile entertainment content in excess of the amount allowed by your selected plan, then you will be prompted to purchase an additional Subscription Plan and be responsible for the additional applicable periodic plan fee or purchase Individuals Downloads, as applicable.

(ii) Individual Downloads. Company may offer through its service individual Downloads for one-time non-recurring charges ("Individual Downloads").  The price by content type for Individual Downloads, if any, will be listed on the Jamster Plans & Pricing page.  The details of the Individual Downloads are incorporated into this Agreement by this reference and form a part of this Agreement.  All terms and conditions of this Agreement shall govern any Individual Downloads.

(c) Jamster Guardian. The Jamster Guardian allows you to block your phone or a family member’s phone from receiving our mobile content services. Any requested services using a number that has been entered into Jamster Guardian will automatically be blocked and can be deactivated by calling the customer support hotline 866-856-5267. By engaging in the Jamster Guardian you agree that you have authority to take such action for the blocked phone.

(d) Registration Data. If you opt to register for the Service, you do so on our Site. If you register for the Service, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and our Services and you may not opt-out of your receipt of service related messages. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.

(e) Username and Password. If you opt to  register for the Service on our Site, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will Company be liable for the unauthorized use or misuse of your username and/or password. Company may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary.

(f) Access without Registration. Company may provide you with access to some Services without you registering as a user, such as sign-up via SMS or via Individual Download purchases. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

(g) License to Download(s). You acknowledge and agree that the Download(s) and other content items  made available as part of the Service are owned by Company, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile  content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device.

This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.

(h) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.

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

See Jamster’s Privacy Policy for an explanation of our collection and use of personal information under this Agreement.

You agree to release, indemnify, defend and hold harmless Jamster, its parent companies, subsidiaries, and affiliates, together with their respective officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of the Site and its Service; (b) your failure to use the Site; (c) your breach or alleged breach of this Agreement; (d) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties , and (e) the breach by you of your representations and warranties set forth herein.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

(a) The amount of the periodic fees for the Subscription Plan to the Service are identified and available as described above in Section 2(b). You agree to pay your mobile device operator the periodic fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be billed to your account with and shall appear on the bill from your participating mobile communications carrier or will be deducted from your pre-paid balance. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. If your mobile communications carrier is Verizon Wireless, if you do not accept the new fees (which will be applicable on a prospective basis only), within fourteen (14) days from the date of such notice, your subscription plan and/or your account will be cancelled effective at the end of the calendar month and you will not be charged. For all mobile communications carriers other than Verizon Wireless, if you do not accept the new fees (which will be applicable on a prospective basis only), you will have fourteen (14) days from the date of such notice to cancel your subscription plan and/or your account effective at the end of the calendar month All fees are due immediately and are non-refundable, except as otherwise expressly noted.

Modifications to Terms. Company may from time to time amend, supplement or modify these Terms and will post a copy of such amended Terms on this website. 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 75555 , or otherwise contacting Company to discontinue the Service as described in section 8, below. Your continued use of the Service constitutes your knowledge and acceptance of this Agreement and any modifications or amendments to any non-price terms of the Agreement, and you expressly consent and agree to be bound by the amended Agreement. For purposes of clarification, your subscription price will not be changed absent your express consent.

To cancel your Subscription Plan, send a text message with the text "STOP" to 75555, or such other number as may be designated on our Site, or go to "My plans" under My Jamster after you input your cell phone number and password on the Website, send an e-mail to info@jamster.com or contact 866-856-5267. The termination shall become effective immediately but you will still be liable for any new fees that were not cancelled within the time period specified in Section 7 of this Agreement.

You agree that Company, at its sole discretion, may at any time terminate your use of the Service and Subscription Plan(s) or individual services provided via the Service, if Company believes that you have violated or acted inconsistently with this Agreement.  You further agree that Company has the right to immediately terminate your use of, or access to, this Site at any time if Company decides at its sole discretion that you have breached any term or condition of this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Jamster considers to be inappropriate or unacceptable.

You agree that upon termination of your access to the Service under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.

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.

(a) Notices And Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Jamster
c/o Jesta Digital, LLC
6420 Wilshire Boulevard, Suite 600
Los Angeles, CA 90048
Attention: Website Administrator

Our customer service department can be reached at 866-856-5267 or info@jamster.com.

Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) 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.

Jamster Copyright Agent,
c/o Jesta Digital , LLC
6420 Wilshire Boulevard, Suite 600
Los Angeles, CA 90048
Email copyrightagent@jamster.com

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.

(b) 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.

(c) Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

(d) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

(e) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(f) Governing Law; Venue; Class Actions. This Agreement is governed in all respects by and construed in accordance with the laws of the State of California without given effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California, County of Los Angeles or, if appropriate, the United States District Court for the Central District of California for any resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and, to the extent permitted by law, you further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief.


(g) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(h) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(i) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(d), 2(f), 4, 5, 6 and 9 and 10 of this Agreement shall survive such expiration or termination.

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, (866) 856-5267. 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.