WILD POCKETS TERMS AND CONDITIONS OF USE
Last revised: February 20, 2009

Welcome to Wild Pockets, a Web site offered by Sim Ops Studios, Inc. (“Wild Pockets”, “we” or “us”). Wild Pockets provides services (the "Services") available to you ("you" or "User") at this Web site (this "Site") located at the domain http://www.wildpockets.com.
The following terms and conditions of use (the “Terms of Use”), along with any other policies or guidelines posted on this Site, shall govern your use of this Site. By using this Site, the Services, and any service, application, plug-in, component, functionality, or program created by Wild Pockets, you are agreeing to the following terms and conditions. Please read them carefully before using this Site.
Portions of the Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the Wild Pockets Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the Services with respect to the subject matter covered by such privacy policy.

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use. Wild Pockets is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.

A. MODIFICATIONS TO THESE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. You can find the most recent version of these Terms of Use at http://www.wildpockets.com/terms, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit this Site to check if they have been updated. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our Site, please contact us at: legal [at] wildpockets [dot] com

B. DESCRIPTION OF THE SERVICES
Wild Pockets offers a website and downloadable software to let you create and upload and share your own games, play games created by others, and share and modify game content that is created by other users.

C. YOUR REGISTRATION OBLIGATIONS.
We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with Wild Pockets.
To obtain and use many of the Services, you will be required to register with Wild Pockets by completing a registration form and designating a user ID and password. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When registering with Wild Pockets you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may at any time and without prior notice to you suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Wild Pockets of any unauthorized use of your user ID or password or any other breach of security. Wild Pockets cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

D. CONSENT TO ELECTRONIC COMMUNICATIONS, TRANSMISSIONS, STORAGE AND SOLICITATION.
By registering with Wild Pockets, you understand that we may send you communications or data from Wild Pockets regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Wild Pockets' products and services, via electronic mail. We give you the opportunity to opt-out of receiving certain electronic mail from us by following the opt-out instructions provided in the message.
In order to use the Services, you hereby grant permission for Wild Pockets and its software to utilize the processor, hard disk and bandwidth of your computer and network to provide Wild Pockets with certain information about your usage patterns, the games you are creating and playing and other information about your gaming experience. Wild Pockets will use this information as described in the Privacy Policy.

E. USER CONDUCT / ACCEPTABLE USE POLICY / USER OBLIGATIONS FOR USER CONTENT.
You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property, proprietary, or other rights of Wild Pockets or others.
To the extent that the Services provide Users an opportunity to upload, store and exchange information, materials, data, files, programs, ideas and opinions ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any such User Content. You, and not Wild Pockets, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. Wild Pockets has the right in its sole discretion to edit or remove any User Content or other material sent via, stored via, submitted to, or uploaded to the Services. Without limiting the foregoing, Wild Pockets has the right, but not the obligation, to edit or remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, or for any other reason. You acknowledge and agree that Wild Pockets shall not assume or have any liability for any action or inaction by Wild Pockets with respect to any User Content.
User Content that you upload, post, email, transmit or otherwise make available via the Services may also be subject to the Wild Pockets Submission Agreement.

Except as explicitly set forth below, you may access and use User Content that is uploaded to the Site by other users only:

for your information and personal use;
as intended through the normal functionality of the Services;
for Streaming, where “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Services to a user’s device in such a manner that the date is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
In addition, with respect to Audio Content, Video Content or Scripts that are uploaded to the Site by another user and are designated as Free by such other user at the time of uploading, Wild Pockets grants you a limited sublicense to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Audio Content, Video Content, and/or Scripts (or portions of any of the foregoing) solely in connection with and as part of your creation of new User Content that you submit to the Site pursuant to the Wild Pockets Submission Agreement.

Wild Pockets is currently in the open beta phase, and, notwithstanding anything in these Terms of Use or the Submission Agreement, all Audio Content, Video Content and Scripts will be automatically designated as Free at the time of uploading. In the future, Wild Pockets intends (but will have no obligation) to enable users to designate as either Free or Private new Audio Content, Video Content and Scripts uploaded after the completion of the open beta.

Accessing or using other user’s User Content for any purpose or in any manner other than as set forth above is expressly prohibited.

Except as set forth in the Wild Pockets Submission Agreement, User Content or communications posted to the Services are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the Services. Always use caution when posting personal information especially when posting information that could personally identify you.

You acknowledge that Wild Pockets may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other User Content will be retained by the Service, the maximum number of messages or items that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Wild Pockets intends to use reasonable precautions to protect against any unintended loss of data submitted as User Content, however, you agree that Wild Pockets 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. You acknowledge that Wild Pockets reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wild Pockets reserves the right to modify these general practices and limits from time to time.

You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Wild Pockets 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.

Each contributor to the Services of data, text, images, sounds, video, software and User Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution. As such, Wild Pockets is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any User Content. You will not hold Wild Pockets responsible for any other user's actions or inactions, including things they post, send through or otherwise make available via the Services, even if such data, or portions thereof, is stored on, or sent by, your computer.

You understand that the technical processing and transmission of the Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and you accept and agree to these uses. As a result, and also as a result of Wild Pockets' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

Without limitation, Wild Pockets reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines for user conduct:
You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Site, computer systems or network, or the Services.
You may not attempt to interfere with any other person's use of the Services.
You may not misrepresent your identity or impersonate any person.
You may not attempt to gain access to any account, computers or networks related to the Services without authorization. You may not use the Services with any third party software not provided or authorized by Wild Pockets, and may not reroute the Services or any portion thereof through any third party software.
You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
You may not attempt to charge others to use the Services either directly or indirectly, except through a payment mechanism established by Wild Pockets.
You may not use the Services to participate in pyramid schemes or chain letters.
You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
You may not use the Services to send or otherwise make available, any material protected by intellectual property laws (including patent, trademark, trade secret, copyright or other proprietary rights) unless you own or control the rights to such material or have received all necessary consents.
You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
You may not use the Services to download any material sent by another user of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
You may not use the Services to harvest or otherwise collect information about others, including e-mail addresses.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Wild Pockets in connection with the Wild Pockets Site or Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Wild Pockets.

F. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
All contents of the Wild Pockets' Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are Copyright 2009 Sim Ops Studios, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. Wild Pockets grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Content on no more than one computer concurrently. Except as explicitly set forth in the license grants below, content on the Site or otherwise provided through the Services may not be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of Wild Pockets and/or it suppliers, affiliates, or licensors. All rights reserved.
Wild Pockets, Wild Pockets.com, Sim Ops Studios, and the Wild Pockets logo are either trademarks, service marks or registered trademarks and service marks of Wild Pockets, and may not be copied, imitated, or used, in whole or in part, without Wild Pockets' prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Wild Pockets may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these Terms of Use, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
All Wild Pockets software (including without limitation the Wild Pockets Embeddable Pocket plug-in and the Wild Pockets 3D Model Import Tool application) that is made available to view and/or download in connection with the Services (collectively the "Software") is owned by and is the copyrighted work of Wild Pockets and/or its suppliers and is licensed, not sold. Your use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Your license to use the Software with the Services terminates when you terminate your use of the Services.
Unless Wild Pockets otherwise agrees in writing, if you use the Wild Pockets Embeddable Pocket plug in on your Web site, you must include a prominent link back to the Wild Pockets website on the pages containing the Embeddable Pocket plug in, and you may not modify, build upon, or block any portion of the Embeddable Pocket plug in any way.

If you use the Wild Pockets Embeddable Pocket plug in, you agree that it may automatically download and install updates from time to time from Wild Pockets. These updates are designed to improve, enhance and further develop the Embeddable Pocket plug in and may take the form of bug fixes, enhanced functions, new software modules and new versions. You agree to receive such updates automatically (and to permit Wild Pockets to deliver such updates to you), as part of your use of the Embeddable Pocket plug in.

In the event that Wild Pockets makes available to you through the Services any (a) text, graphics, photos, models, or images (“Visual Content”), (b) any sounds and music ( “Audio Content”), or software or scripts (“Scripts”) and such Visual Content, Audio Content or Scripts are explicitly designated by Wild Pockets as stock content available for general use (“Stock Content”), Wild Pockets grants you a worldwide, royalty-free, nonexclusive, nonsublicensable, nontransferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Stock Content solely in connection with your creation of User Content that you submit or make available for inclusion in the Services pursuant to the Wild Pockets Submission Agreement. Any other use of Stock Content is prohibited.
Wild Pockets does not claim ownership of User Content you submit or make available for inclusion on the Services. However, with respect to User Content you submit or make available for inclusion in the Services, you grant Wild Pockets the following perpetual, irrevocable, worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to User Content you submit or make available for inclusion on publicly accessible areas of this Site, the license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such User Content (in whole or in part) on the Services.

2. With respect to User Content other than text, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

You understand and agree that you may not remove or modify User Content once it is submitted, and the licenses set forth above will continue notwithstanding any termination of your registration for the Services. The licenses set forth above are in addition to any licenses that you may have granted to Wild Pockets under the Wild Pockets Submission Agreement.

By submitting ideas, suggestions, documents, bug fixes and/or proposals ("Feedback") to Wild Pockets, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Wild Pockets is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Wild Pockets shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) Wild Pockets may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of Wild Pockets upon submission to Wild Pockets, and you hereby assign (effective as of the time of submission to Wild Pockets) all Feedback and all intellectual property and other rights therein, without any obligation of Wild Pockets to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Wild Pockets resulting from your submission of Feedback or otherwise in any way relating to Feedback.

G. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Wild Pockets respects copyright law and expects users of the Services to do the same. Wild Pockets expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Wild Pockets may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wild Pockets' Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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.
Wild Pockets' Agent can be reached at:

Wild Pockets
Attn: Legal Department
311 East Carson Street
Pittsburgh, PA 15219
email: copyright [at] simopsstudios [dot] com
fax: 302-372-1415

H. THIRD PARTY CONTENT, SITES AND SERVICES.
The Services contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any third party content you access with the Services (including without limitation any User Content submitted by other users), and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. For more information about third party content, please see the Wild Pockets Privacy Policy.

I. PRIVACY.
Wild Pockets has established a Privacy Policy to explain to Users how their information is collected and used, which you can read at Wild Pockets Privacy Policy. Your use of the Services signifies acknowledgment of and agreement to the Wild Pockets Privacy Policy. You further acknowledge and agree that Wild Pockets may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of Wild Pockets, its employees, Users and third parties, and the public, or as otherwise described in the Wild Pockets Privacy Policy.

J. WILD POCKETS MAKES NO WARRANTIES.
Wild Pockets intends for the information contained on this Site and the Services to be accurate and reliable; however, errors sometimes may occur. In addition, Wild Pockets may make changes and improvements to the information provided herein at any time.
WILD POCKETS PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILD POCKETS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "WILD POCKETS PARTY," AND COLLECTIVELY, THE "WILD POCKETS PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE WILD POCKETS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

K. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY WILD POCKETS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, SOFTWARE OR SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY WILD POCKETS PARTY WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

L. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS J AND K, THE WILD POCKETS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS J AND K, WILD POCKETS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

M. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, Wild Pockets, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or due to or arising out of User Content you submit, post, transmit or otherwise make available through the Services. Wild Pockets reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Wild Pockets in asserting any available defenses.
In addition, you agree that Wild Pockets is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Wild Pockets and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Wild Pockets that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Wild Pockets.

N. TERMINATION OF SERVICES.
We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, YOU MAY NO LONGER RETRIEVE ANY DATA YOU HAVE STORED ON WILD POCKETS' SYSTEMS.

O. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Wild Pockets or relating in any way to your use of the Services resides in the courts of San Francisco, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Wild Pockets or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

P. EUROPEAN USERS.
By using the Wild Pockets Services, Users in the European Union understand and consent to the processing of personal information in the United States.

Q. NOTICES TO WILD POCKETS.
You may notify us by e-mail at legal [at] wildpockets [dot] com.

R. OTHER TERMS.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

S. MISCELLANEOUS.
Wild Pockets may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THESE TERMS OF USE OR THE SOFTWARE OR SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Wild Pockets to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.