Terms of Use

TASTELIVE, LLC TERMS AND CONDITIONS OF USE AGREEMENT
Effective April 13, 2009
IMPORTANT: IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION, YOU AGREE WITH THE TERMS AND CONDITIONS AS STATED BELOW AND ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. PLEASE CONTACT CUSTOMER SERVICE WITH ANY QUESTIONS. THANK YOU. NOTICE

TASTELIVE, LLC (Tastelive) may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.Tastelive.com. You must be at least twenty-one (21) years of age to use the Tastelive Services. By providing information to Tastelive through the account registration page for new customers or any other part of the Tastelive Sites, you represent to Tastelive that you are 21 years of age or older. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. Tastelive reserves the right to deny registration of any individual to the Tastelive Services and to deny access to any Site.

DESCRIPTION OF SERVICES
The Services are available at websites on the world wide web owned and/or operated by Tastelive or its affiliates (the "Sites"') and includes everything on the Sites that may exist from time to time, including, without limitation, downloadable entertainment, content and applications (collectively, the "Downloads"') as well as participating in an online social networking website (collectively, the "Services"'). Once properly registered and after making proper payment, if applicable, you will be permitted to download to compatible devices and other compatible devices certain Downloads through the Service. Through the Service, you will also be able to create buddy lists, sample streaming versions of certain Downloads and send messages, content and information to other members, subscribers and third parties through one or more means (the "Messaging Systems"'). We make no representation as to compatibility of your computer or other device with our Sites.

YOUR REGISTRATION OBLIGATIONS
In order to use the Service, you must register and provide certain information to Tastelive ("Registration Data"'). You agree that you will use the Service only in the country, state, territory and/or province where you currently reside. You agree to provide current, complete and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account"' area of the Tastelive Website. Tastelive will use your Registration Data in accordance with its Privacy Policy, which you should review at www.Tastelive.com. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service. All terms and conditions provided in the Privacy Policy and hereby recited and incorporated into this Agreement. All capitalized terms not defined herein shall have the meanings ascribed to them in the Privacy Policy. You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold harmless Tastelive, its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc. as applicable, for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account.

MARKETING INFORMATION
We will not share or use any Registration Date with anyone outside of Tastelive or its affiliates.

USE OF SERVICE
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The Service is for your personal and non-commercial use. You understand and acknowledge that the Downloads made available as part of the Service are owned by Tastelive, its business partners, affiliates and/or licensors, etc. as applicable, and are protected by intellectual property laws. Tastelive grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of downloads. When you buy a product or service from Tastelive, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion. Tastelive's rights to make certain Downloads available to you may expire. In such event, Tastelive will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire. If Tastelive ceases making any such rights available, Tastelive, will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.

OBJECTIONABLE OR EXPLICIT CONTENT
Tastelive is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content. You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not Tastelive, are entirely responsible and liable for all activities conducted through your Account. Tastelive does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Tastelive be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in Tastelive terminating your Account. You agree not to do any of the following while using the Service: Harass, "stalk"', threaten, embarrass or cause distress or discomfort upon another Tastelive participant, user, or other individual or entity; Upload, post, email, SMS, or otherwise transmit via the Service any Content that Tastelive considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment; Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights"') of any party; Cause any screen in the Service to "scroll"' faster than other users are able to type to it or any action to a similar disruptive effect; Impersonate in the Service any person, including but not limited to, a Tastelive official, forum leader, guide or host; Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service; Collect or store personal data about other users; Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner; Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service. Provide or send any content which may be harmful or detrimental to Tastelive or its business associates, or which violates any restriction or policy established by Tastelive or its business associates. Tastelive is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content.

CONTENT SUBMITTED BY USERS
Tastelive claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant Tastelive a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or Tastelive removes) such Content from the Service. You understand and agree, however, that Tastelive may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the Tastelive Website is perpetual and irrevocable. Tastelive may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion. Please choose carefully the information you post on Tastelive.com and that you provide to other Users. Your Tastelive.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Tastelive.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Tastelive.com assumes no responsibility or liability for this material. If you become aware of misuse of the Tastelive Services by any person, please contact customer supports at Tastelive.com immediately. Tastelive.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Tastelive Services at any time, for any or no reason, with or without prior notice, and without liability.Ê Tastelive expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Tastelive Services if Tastelive determines, in its sole discretion, that you pose a threat to Tastelive and/or its Users.

PROHIBITED ACTIVITY/CONTENT
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tastelive Services. Tastelive reserves the right to investigate and take appropriate legal action against anyone who, in Tastelive's sole discretion, violates this provision, including without limitation, removing the offending communication from the Tastelive Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tastelive: is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 21; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail,"' "chain letters,"' or unsolicited mass mailing, instant messaging, "spimming,"' or "spamming"'; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person's consent. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the Tastelive Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Tastelive Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent; covering or obscuring the banner advertisements on your personal profile page, or any Tastelive page via HTML/CSS or any other means; any automated use of the system; interfering with, disrupting, or creating an undue burden on the Tastelive Services; attempting to impersonate another person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Tastelive Services; or using the Tastelive Services in a manner inconsistent with any and all applicable laws and regulations.

MESSAGING SYSTEMS
The Service features Messaging Systems that include text message capabilities, so-called web logging or blogging, and may from time to time contain other features that allow you to exchange messages, content and other information with other Tastelive members and subscribers and third parties. Tastelive has the right but not the obligation to monitor and edit or remove any activity or content it finds objectionable in such Messaging Systems. Tastelive takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other subscribers, members or third parties post or send over the Messaging Systems. The Text Message content is for entertainment purposes only. By posting messages, inputting data, or engaging in any other form of communication through the Service, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify and hold harmless Tastelive its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc., as applicable, for all claims resulting from content, messages, materials and the like that you supply. In addition to the above, you acknowledge and agree that Tastelive may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of Tastelive, its business partners, affiliates, and/or licensors, etc., any other Tastelive, subscriber or member, or the general public.

PRIVACY
For additional information regarding Tastelive's use of information collected in connection with the Service, please refer to Tastelive's Privacy Policy, a copy of which is available at www.tastelive.com.

COPYRIGHT INFORMATION
Tastelive respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please immediately send a notice to Tastelive's designated agent to receive notice of possible copyright infringement as listed with the United States Copyright Office.

TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Tastelive and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of Tastelive.

SAFE HARBOR PROVISIONS / DIGITAL MILLENIUM COPYRIGHT ACT
If Tastelive (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates Tastelive, LLC's or others' intellectual property rights, Tastelive may, in its sole discretion, suspend or terminate your account with or without notice to you. If Tastelive suspends or terminates your Tastelive account under this paragraph, it shall have no liability or responsibility to you, and Tastelive will not refund any portion of your fees charged to date.

NO RESALE
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.

PROMOTIONS AND ADVERTISING
Tastelive, LLC and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Tastelive promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers 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 third-party. You agree that neither Tastelive, LLC nor its business partners shall 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 third parties on the Service.

LINKS TO THIRD-PARTY SITES
The Service may present links to retailers and/or other third-party websites not owned or operated by Tastelive. These links are provided only as a convenience to you. Neither Tastelive nor its partners, agents, affiliates, etc. are responsible for the availability of these outside sites or their contents. You understand and agree that neither Tastelive nor its partners, agents, affiliates, etc. are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

MODIFICATIONS TO SERVICE
Tastelive 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 to you. You agree that neither Tastelive nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to Tastelive nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. for which money damages would be inadequate, and in such event Tastelive its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Tastelive nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

INDEMNITY
You agree to indemnify and hold harmless Tastelive and its agents, employees, representatives, licensors, licensees, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Messaging Systems and the Downloads (collectively "Claims"'), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.

TERMINATION, CANCELLATION AND PLAN CHANGES
Tastelive may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If Tastelive terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and Tastelive will not refund any portion of your fees paid to Tastelive. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Tastelive. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Tastelive's enforcement or application of the same; (2) any policy or practice of Tastelive, including its Privacy Policy, or Tastelive's enforcement or application of these policies; (3) the Downloads or the Messaging Systems; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to Tastelive at info@tastelive.com Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to Tastelive.

DISCLAIMERS WARRANTIES AND LIMITATIONS ON LIABILITY

THE TASTELIVE SERVICE, MATERIALS AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH TASTELIVE, ARE PROVIDED ON AN "AS-IS"' BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION. WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT AND ANY THIRD PARTY CONTENT DISTRIBUTED BY US, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. We warrant that: once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the mobile telephone or computer to which the Downloads were delivered; We are entitled to license you to use the Downloads for your personal use on your mobile telephone or computer and that no third party will take action against you in respect of that use. Because you have chosen the Downloads or other products and have had the opportunity to review them prior to purchase, we accept no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose.

IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
Our entire liability for any claim concerning its performance or nonperformance in connection with this Agreement or the conduct of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Downloads. If you have any questions or comments, please let us know by completing our Support Form.

LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Tastelive with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Tastelive's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service, including the Messaging Systems and the Downloads. You expressly agree that the courts in the Commonwealth of Massachusetts have exclusive jurisdiction over any claim or dispute with Tastelive or relating in any way to your account or your use of the Service, the Messaging Systems or the Downloads. You further agree and expressly consent to personal jurisdiction over you in Massachusetts federal and state courts in connection with any such dispute including any claim involving Tastelive or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. Please direct any questions concerning the Service or any other Tastelive related issue, to a Tastelive customer service representative by e-mail at: info@tastelive.com

SUBJECT TO CHANGE WITHOUT NOTICE.

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