GetBack Terms of Use

Last Updated: March 1, 2008

GetBack Media Inc., its subsidiaries, affiliates, partners and licensors (collectively "GetBack") welcomes you. GetBack provides users with access to a rich collection of resources including, without limitation, communications tools, widgets, applications, gadgets, forums, shopping services, search services, personalized content, User Content (defined below) branded programming, Third Party Content (defined below) and GetBack Content (defined below), while at the same time allowing users to enjoy an enriching social networking experience through its website, GetBack.com (the "GetBack Site"), which may be accessed through various platforms and devices (the "Service"). Your access to the Service is subject to these Terms of Use ("TOU") and the GetBack Privacy Policy ("Privacy Policy"), located at http://www.getback.com/privacypolicy.html. GetBack reserves the right, in its sole discretion, to change, modify, add, or delete portions of this TOU and the Privacy Policy at any time without notice, and GetBack will post any such revisions on the GetBack Site. Your continued use of the Service is subject to all such revisions.

User Registration

To use the Service, you may be required to setup a account with GetBack ("User Account"). When you create your User Account, you shall:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form while creating your User Account and prior to using the Services (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that GetBack reasonably believes to be untrue, inaccurate, not current or incomplete GetBack may suspend or terminate your User Account remove your access to the Service (or any portion thereof). GetBack is concerned about the safety and privacy of all its users. The Service is designed to appeal to a broad audience; accordingly, it is your responsibility to determine whether any of the Service areas and/or Content (defined below) are appropriate for you.

You will create a password for your User Account when completing the Service's registration process and providing Registration Data. You are responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password or User Account. You will immediately notify GetBack of any unauthorized use of your password or User Account or any other breach of security.

Age Restriction

Minors under the age of eighteen (18) are not authorized by GetBack to use the Service, even if they set up a User Account with GetBack or accept the terms of this TOU. Parents or legal guardians may authorize a minor between the ages of thirteen and seventeen (13 and 17) to use the Service, provided they assume all responsibility and legal liability for the conduct of the minor including, without limitation, monitoring their access and use of the Service. Minors under the age of thirteen (13) may not create a User Account and are prohibited from using the Service. GetBack may terminate a User Account of any minor if there is a failure to comply with this Section.

User Content

GetBack does not claim ownership of audio and video materials uploaded to or made available within the Service by you including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "User Content"). With regards to User Content, the Service is a passive conduit and GetBack is not responsible for the:

(a) selection, acquisition, distribution and licensing of Content via the Service; and

(b) acquisition and payment of any third party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use Content in the manner authorized by you. GetBack has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any User Content submitted, uploaded, distributed or retrieved in connection with the use of the Service. Furthermore, GetBack assumes no responsibility for protecting or enforcing third party rights with respect to User Content, including, without limitation, monitoring the User Content, determining whether User Content is lawful, appropriate or permitted by third parties, for libel, falsehoods, errors or omissions contained in User Content or compliant with FCC or other governmental regulations, or for taking legal action against actual or suspected infringers of User Content.

Your User Content may be displayed in two areas of the Service; private and public. "Private Areas" are those areas of the Service that are only accessible by members of Service who have created a User Account (e.g. GetBack Mail or GetBack Profiles). "Public Areas" are those areas of the Service (e.g. that are intended by GetBack to be available to the general public (e.g. GetBack Message Boards and portions of GetBack, Photos and Profiles that are accessible via hypertext or other links but are not hosted or served by GetBack).

License

By using the Service you grant GetBack royalty-free, sublicensable, worldwide license to use, distribute, modify, adapt, store, publicly perform, publicly display, reproduce, host, cache, reformat, translate and encode User Content uploaded or otherwise made available by you to the Service in perpetuity. This license will terminate if:

(a) you remove your User Content from the Service; or

(b) if GetBack removes your User Content or terminates your User Account pursuant to this TOU.

General Practices Regarding Use and Storage

GetBack may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded User Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by a User Account on the Service, the maximum size of any e-mail message that may be sent from or received by a User Account on the Service, the maximum disk space that will be allotted on GetBack's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. GetBack has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. GetBack reserves the right to log off User Accounts that are inactive for an extended period of time.

Member Contact

User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. This means that you, and not GetBack, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. GetBack does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You may be exposed to User Content or Third Party Content that is offensive, indecent or objectionable. Under no circumstances will GetBack be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.

Use Restrictions

You may not use the Service to:

a) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b) impersonate any person or entity, including, but not limited to, a GetBack official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

d)upload, post, email, transmit or otherwise make available any User Content that: (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy.);

f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g)act in a manner that negatively affects other users' ability to engage in real time exchanges;

h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

i) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;

j) advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;

k) "stalk", harass or otherwise advocate the stalking or harassing of another person; or

l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.

Additionally, you understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GetBack and/or User Content providers who provide User Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Third-Party Content

GetBack may provide various audio and visual materials through Service including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials from third parties (collectively, "Third Party Content"). GetBack provides this Third Party Content to enhance your experience using the Service. All Third Party Content is displayed under license and the applicable third party retains all rights. Regardless of your use of Third Party Content, you shall not acquire any right, title or interest in any Third Party Content or derivate works thereof.

GetBack Content

GetBack may provide various audio and visual materials through Service including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "GetBack Content"). GetBack provides the GetBack Content to enhance your experience using the Service. All GetBack Content is owned by GetBack and retains all right title and interest. Nothing in this TOU shall be construed to grant you any right, title or interest in or to any GetBack Content.

Mobile Services

The Service may include certain features available via a mobile device. GetBack does not charge a fee for Services made available via a mobile device, however, your mobile device carrier fees may still apply. Further, downloading, installing, or using certain portions of the Service may be prohibited or restricted by your mobile device carrier, and not all features of the Service may function properly with all carriers, devices or software. GetBack recommends that you check with your mobile device carrier to find out what restrictions, if any, may be applicable to your use of the Service.

Applications

GetBack may provide a set of APIs and documentation to enable third-party developers ("Developers") to create applications for the Service that you will be able to use through the Service ("Applications"). Such Applications may retrieve data made available by GetBack and its users, or may retrieve data from third-party sites for use in conjunction with the Service.

Developers may only use the Service in accordance with the terms and conditions set forth in an agreement entered into between GetBack and the Developer.

Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their Applications. GetBack does not endorse or review Applications and GetBack is not responsible for your use of or inability to use any Application. Your use of any Application is done at your own risk. Prior to installing any Application, you should review any terms and conditions and privacy polices provided by the developer.

Links

The Service may contain links to other World Wide Web sites or resources as well as Third Party Content, Applications or other software originating from third parties. GetBack does not monitor or check the accuracy of such third party materials and accordingly, GetBack has no control over such third party sites and resources. GetBack is:

a) not responsible for the availability of such external sites or resources; and

b) does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Service.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. GetBack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Contributions to GetBack

GetBack does not accept unsolicited feedback, ideas, documents, suggestions or other information ("Contributions") about GetBack, the Service, or any other GetBack products and services. GetBack shall be free to use any Contributions provided by you to GetBack for any purpose, such as improving its products and services (including the Service) and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.

From time to time, GetBack may solicit Contributions from you through Contribution websites specifically created for that purpose. By submitting Contributions through such websites, you agree:

a) the Contributions do not contain confidential or proprietary information;

b) that GetBack shall not be under any obligation of confidentiality (express or implied);

c) GetBack may have something similar to the Contributions already under consideration or in development;

d) your Contributions are provided voluntarily, free, and shall become the property of GetBack; and

e) you are not entitled to any form of compensation or reimbursement for such Contributions or any derivative technologies or services based upon the Contributions.

No Resale of Service

You shall not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your User Account)

Modifications to Service

GetBack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For clarity, GetBack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

GetBack may terminate your User Account, any associated e-mail address, and your access to the Service without prior notice:

1) for breaches or violations of any term of condition of this TOU;

2) by request of law enforcement or other government agencies;

3) by your request; and

4) for any reason, or no reason, at any time in its sole discretion, with or without notice. Termination of your User Account includes, with limitation:

(i) removal of access to all offerings within the Service including: GetBack Mail, Profiles, Chat, Domains, Shopping, Message Boards, Alerts and Games;

(ii) deletion of your password and all related information, files and content associated with or inside your User Account (or any part thereof); and

(iii) barring further use of the Service.

Proprietary Rights

The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable laws and statutes. Further, Third Party Content and contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GetBack or advertisers, you may not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

GetBack grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, nor to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Service.

Notices

GetBack may provide you with notices, including notices regarding changes to this TOU, by but not limited to e-mail, regular U.S. mail, SMS, MMS, text messages, postings on the Service, or other reasonable means now known or hereinafter developed. The Service may include certain communications from GetBack, such as service announcements, administrative messages and the GetBack Newsletter, and that these communications are considered part of GetBack membership and you will not be able to opt out of receiving them.

Beta Release

GetBack may make the Service available in pre-release forms or formats ("Beta Versions"). The Beta Versions may contain different features than the final version that GetBack intends to distribute commercially. GetBack reserves the right at any time not to release commercial versions of the Beta Versions, or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. The Beta Versions may not be suitable for production or commercial use and may contain bugs or errors affecting their proper operation. No Beta Versions should be used to support "mission critical" applications or in environments requiring fail safe or error free performance.

Trademark Information

GetBack, GetBack logo, GetBack (in Chinese characters), RetroMinute logo, The Hype logo, Production Notes logo, GetBack Profiles logo, Replay logo, Wakin' Up The Memories, Then & Now logos, and GetBack Conversations are trademarks owned and operated by GetBack (collectively, the "GetBack Marks"). In no event shall any GetBack Marks be deemed sold or assigned to you as a result of your acceptance of this TOU or by your use of the Service. Any and all rights not expressly granted herein are reserved.

Claims of Copyright or Intellectual Property Infringement

Copyright Infringement Notification

GetBack respects the intellectual property rights of others and we ask our users to do the same. GetBack may, in appropriate circumstances and at its sole discretion, disable and/or terminate the User Account of a user who may be an infringer. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, GetBack will promptly respond to claims of potential copyright infringement committed using the Services. Copyright owners or a party authorized to act on behalf of an owner, should report potential copyright infringement by completing the following DMCA notice and delivering it to the GetBack Designated Copyright Agent. Upon receipt, GetBack will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's User Account.

Please send either an email to copyright@getback.com (Subject: DMCA Notification), a facsimile to: (310) 442-5051 (Attn: DMCA Notification), or letter to the address provided below with all of the following information:

a) Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

b)Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material. Providing URLs in the body of an email is the best way to help GetBack locate Content quickly.

c) Provide Information reasonably sufficient to permit GetBack to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

d)A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. As an example, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent."

e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. As an example, "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."/

f) Provide your full legal name and your electronic or physical signature.

Such written notice should be sent to GetBack's designated agent as follows:

Media, Inc.
DMCA Notification
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
(310) 442-5051
By email: copyright@getback.com

Copyright Infringement Counter-Notification

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with GetBack, a written communication that sets forth the items specified below must be provided. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. GetBack will terminate any User Account who is a repeat infringer. Accordingly, if you are not sure whether certain material infringes the copyright of others, you should contact an attorney.

To file a Counter-Notification, please send either an email to copyright@getback.com (Subject: DMCA Counter-Notification), a facsimile to: (310) 442-5051, Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information:

a) Identify the specific URLs of material that GetBack has removed or to which GetBack has disabled access.

b)Provide your full name, address, telephone number, and email address, and the username of the User Account.

c) Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

d)Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

e) Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Such written notice should be sent to GetBack's designated agent as follows:

GetBack Media, Inc.
DMCA Counter-Notification
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
(310) 442-5051
By email: copyright@getback.com

What happens next?

After GetBack receives a counter-notification, GetBack will forward it to the party who submitted the original claim of copyright infringement. Please note that when GetBack forwards the counter-notification, it will include any personal information provided to GetBack and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. GetBack will not forward the counter-notification to any party other than the original claimant. The claimant must then notify GetBack within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the GetBack Properties. If GetBack receives such notification, GetBack will be unable to restore the Content until resolution of any court action. If GetBack does not receive such notification, GetBack may, at its sole discretion, reinstate the Content.

GetBack Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy located at http://www.getback.com/privacypolicy.html.

Member Disputes

You are solely responsible for your interactions with other the Service GetBack Offering users. GetBack reserves the right, but has no obligation, to monitor disputes between you and other users.

Compliance with U.S. Laws

The Service is of U.S. origin. You shall adhere to all applicable state, federal, local and international laws and treaties in all jurisdictions in which you use the Service. For clarity, you, and not GetBack, shall be responsible for ensuring that your use does not constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, regulation or ordinance, including, without limitation, U.S. law, regarding the transmission of copyrighted or trademarked Content.

Indemnity

You represent and warrant that you have full authority to enter into and accept this TOU and grant the rights and licenses to GetBack herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through the Service will violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold GetBack, its subsidiaries, affiliates, officers, agents, employees, partners and licensors (collectively, the "GetBack Entities") harmless against any and all third party claims, damages, costs and expenses (including reasonable attorneys' fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GETBACK ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE GETBACK OFFERING MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND GETBACK IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND GETBACK'S REASONABLE CONTROL.

FURTHER, THE GETBACK ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GETBACK ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, unauthorized use of your password or User Account, breach of USER ACCOUNT SECURITY, TERMINATION OF USER ACCOUNT OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF GETBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND GETBACK'S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO FIVE HUNDRED U.S. DOLLARS ($500.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.

Medical Warning

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Choice of Law; Arbitration

This TOU shall be governed by the laws of the State of California and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary. To the maximum extent permitted by applicable law, any controversy, dispute or claim arising out of or relating to this TOU or breach thereof shall be resolved by binding arbitration, and that any arbitration conducted hereunder shall take place in Los Angeles, California. The exclusive remedy for all disputes and claims relating in any way to, or arising out of, this TOU or your use of the GetBack Offering shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of California. California law, to the extent permitted, shall govern all substantive aspects of the dispute. Notwithstanding the foregoing, to the extent that you have breached or have indicated your intention to breach this TOU in any manner (including, without limitation, any breach that may impact GetBack's intellectual property rights, or a breach by reverse engineering), GetBack may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction and GetBack reserves the right to seek all remedies available at law or in equity for violations of this TOU. For clarity, this TOU shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods.

General

This TOU and the GetBack Privacy Policy located at http://www.getback.com/privacypolicy.html comprise the entire agreement between you and GetBack and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TOU is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. Any services provided herein shall be construed to be on an independent contractor basis. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and GetBack. Any failure to enforce any provision of this TOU shall not constitute a waiver of such rights. Your obligations under this TOU and your User Account may not be assigned, transferred or sold to any third party without prior written consent of GetBack. GetBack has no obligation to allow for a transfer of a User Account upon death of a user, unless requested by the next-of-kin and then only with a valid death certificate. Any amendment or other modification of this TOU shall be effective only if in writing and signed by both parties. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOU, as well as the provisions of this "General" section.

Violations

Please report any violations of the Terms of Use to our Customer Care group.

Contacting GetBack

If you have any questions regarding this Term of Use, please feel free to contact GetBack at:

GetBack Media Inc.
2036 Armacost Ave. 2nd Floor
Los Angeles, CA 90025
Fax: (310) 442-5051
E-mail: registration@getback.com