End User Terms and Condition

Date of Last Revision: February 13, 2008

General Provisions   
  
SMSJOCK.COM (the "Service") is a wireless service provided by Feedtext Inc. ("Feedtext"), These Terms and Conditions, including the End User License on Exhibit A, (the "Terms") will apply to all sales of mobile content ("Products") made to you the customer via the Service.  
  
Please review these terms and conditions carefully before you start using this service. Use of the Service is conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of the Service indicates your agreement to all such terms, conditions and notices. If you do not agree to the Terms, you may not use the Service. Feedtext reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the Service. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Service indicates your knowledge and acceptance of the agreement and any subsequent modifications.  
  
Contact Information:  
Email Inquiries: legal-counsel [ a t ] smsjock [ d o t ] com  
US Mail Inquiries:  
     Feedtext, Inc.  
     268 Bush Street, #4600 San Francisco, California 94104-3503, USA

Use of Service  
  
You must be at least 18 years of age to use this Service.  
  
This Service may contain and deliver mobile content, including ringtones, graphic logos, bulletin board services, and other message or communication services. Feedtext has no obligation to monitor these services. Feedtext reserves the right to review and remove communication materials in its sole discretion.  
  
You assume total responsibility and risk for your use of this Service. To the extent permitted by law, Feedtext provides all Services, Products and Information on an "AS IS" basis and does not make any warranties, express or implied, representations or endorsements with regard to the Service, merchants, information, or products offered on this Service.  
  
Feedtext does not claim ownership of the materials you provide to Feedtext (including messages, requests, poll, contest, nickname registration, feedback and suggestions) or post, send, text, upload, input or submit to this Service for review by the general public, or by the members of any public or private community. However, by posting, sending, texting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Feedtext permission to use your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. Feedtext is under no obligation to post or use any Submission you may provide and Feedtext may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  
  
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or network connected to the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service, through any means. Feedtext reserves the right at all times to disclose any information as Feedtext deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.  
  
Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Service.  
  
The Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Feedtext and Feedtext makes no warranties or representations with regard to the Linked Sites and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Feedtext is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Feedtext responsible if the Linked Site is not working appropriately. Feedtext is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Feedtext of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Feedtext Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Feedtext shall not be responsible or liable for any part of any such dealings or promotions.  
  
Feedtext reserves the right to terminate your access to the Service at any time, without notice.

Member Subscription: This Service requires you to subscribe to a service via a double opt-in process using your mobile phone. You are entirely responsible for any and all activities that occur under your mobile phone account. You agree to notify Feedtext immediately of any unauthorized use of your mobile phone account or any other breach of security. Feedtext will not be liable for any loss that you may incur as a result of someone else using your mobile phone account, either with or without your knowledge. However, you could be held liable for losses incurred by Feedtext or another party due to someone else using your mobile phone account. The Service subscription is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your mobile phone account may result in cancellation of your subscription without refund and in additional charges based upon unauthorized use. 

Fees. Product fees vary and are identified as part of the individual product description. When submitting a message, request, poll, register nickname and other services provided by Feedtext you will be charged by Reverse billed Premium Rate SMS. The amount will be deducted from your cellular account. Important Notice: Your wireless-service provider (your “Carrier”) may charge you for each text message you send and receive. These charges are in addition to the text messaging entry method fee. Please consult your Carrier regarding their pricing plans. By subscribing for alerts or clubs via the Service, you agree to receive periodic text messages from CORPORATIONs. If you no longer wish to receive future promotional text messages, reply "STOP <KEYWORD>" to a text message sent to you.

Right to Change Prices. Prices are subject to change at any time.

Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received.

No Guarantee. Feedtext makes no guarantee regarding the number of messages and requests received by the Service and the timing and the number of delivered alerts under this Terms. Feedtext also makes no guarantee that your wireless carrier supports the service. All programs undergo a certification process and Feedtext may only activate a client or partners program or mobile marketing campaign upon approval of the carriers.

Privacy Policy   
The information provided by you to Feedtext is subject to our Privacy Policy . Your use of the Service indicates your agreement to be bound by our Privacy Policy. Feedtext and its agents or associates may, in their discretion, use your name and the cellular telephone number provided at the time of purchase to market additional products and services. If you do not wish to receive additional offers, please contact us.

Miscellaneous   
This agreement is governed by the laws of the State of California , U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Santa Clara County , California , U.S.A. in all disputes arising out of or relating to the use of the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Feedtext as a result of this agreement or use of the Service. You agree to indemnify and hold Feedtext, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. Feedtext reserves the right to disclose any personal information about you or your use of the Service, including its contents, without your prior permission if Feedtext has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Feedtext or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Feedtext 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Feedtext 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Feedtext with respect to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Feedtext with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Feedtext with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  
  
SUBJECT TO CHANGE WITHOUT NOTICE   
  
EXHIBIT A  
End User License Agreement  
  
FEEDTEXT END USER CONTENT LICENSE AGREEMENT FOR HAND HELD COMPUTER AND MOBILE DEVICE USE ONLY.  
     
1.0 Definitions  
  
1.1 "Feedtext " means Feedtext, Inc., and its licensors, if any.  
  
1.2 "Content" means the SMSJOCK.COM content. Alerts/Club (Announcements, Events, Quotes, News) Messages, Requests, Poll, Register Nickname and Contest in each case, supplied by Feedtext. and its partner CORPORATIONs.  
  
2.0 License Grants  
  
2.1 Feedtext grants you a non-exclusive, non-transferable right to install and use the Content on a single hand held computer or mobile device. You may not reproduce, copy or distribute by any means, method or process whatsoever, any of the Content licensed by this Agreement, including, but not limited to, transferring or downloading any such Content to a computer hard drive, or otherwise copying the Content onto any other storage medium.  
  
2.2 You agree that Feedtext may audit your use of the Content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Content by you other than in full compliance with the terms of this Agreement, you shall reimburse Feedtext for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.  
  
2.3 Certain rights are not granted under this Agreement, but may be available under a separate Agreement. If you would like to enter into a distribution Agreement or learn of other licensing strategies, please contact us at: information [ a t ] smsjock [ d o t ] com   
3.0 License Restrictions  
  
3.1 You may not make or distribute copies of the Content, or transfer the Content from one hand held computer or mobile device to another. You may not alter, merge, modify, or adapt the Content.  
  
3.2 You may not sell, rent, lease, or sublicense the Content.  
  
3.3 You may not modify the Content or create derivative works based upon the Content.  
  
3.4 If you fail to comply with this Agreement, Feedtext may terminate the license and you must destroy all copies of the Content (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).  
  
4.0 Ownership  
  
4.1 The foregoing license gives you limited license to use the Content. Feedtext and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this Agreement including Federal and International Copyrights, are reserved by Feedtext and its suppliers.  
  
5.0 WARRANTY DISCLAIMER  
  
5.1 THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS. FEEDTEXT PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT.  
  
5.2 FEEDTEXT, YOUR CARRIER, THE CORPORATIONS, THEIR SPONSORS AND ALL OF THEIR RESPECTIVE PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, AND SUBSIDIARIES; THE SERVICE AGENCIES AND INDEPENDENT CONTRACTORS OF ANY OF THE ABOVE ORGANIZATIONS; THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES); AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS SERVICE FROM ANY AND ALL LIABILITY WITH RESPECT TO OR IN ANY WAY ARISING FROM THIS SERVICE (COLLECTIVELY “PARTNERS”), DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT OF TITLE OR QUIET ENJOYMENT. FEEDTEXT DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. FEEDTEXT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.  
  
5.3 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.  
  
5.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BYFEEDTEXT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.  
  
5.5 ( USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 
  
6.0 LIMITATION OF LIABILITY  

6.1 YOU AGREE TO HOLD HARMLESS FEEDTEXT, YOUR CARRIER, THE CORPORATIONS, THEIR SPONSORS AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, AND SUBSIDIARIES; THE SERVICE AGENCIES AND INDEPENDENT CONTRACTORS OF ANY OF THE ABOVE ORGANIZATIONS; THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES); AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SERVICE FROM ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR IN ANY WAY ARISING FROM THE SERVICE INCLUDING BUT NOT LIMITED TO POLLS, CONTEST, PROMO, REQUESTS, ALERTS AND MESSAGES SENT TO A CORPORATION; PARTICIPATION IN ANY SERVICE-RELATED ACTIVITY; AND/OR DELIVERY/MISDELIVERY, FAILURE IN DELIVERY, ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR PERSONAL INJURY, BODILY INJURY (INCLUDING WRONGFUL DEATH OR DISABILITY), DAMAGE TO PROPERTY, AND DAMAGE OR LOSS OF ANY OTHER KIND. FEEDTEXT IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE SERVICE, OR BY ANY TECHNICAL OR HUMAN ERROR THAT MIGHT OCCUR IN THE PROCESSING OF SUBMISSIONS IN THE APPLICATION. FEEDTEXT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS-LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES. FEEDTEXT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES; PROVIDERS; COMPUTER EQUIPMENT; OR COMPUTER SOFTWARE OR FOR FAILURE OF TEXT ENTRY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION, INCLUDING INJURY OR DAMAGE TO THE PARTICIPANT'S OR TO ANY PERSON'S WIRELESS PHONE RELATED TO OR RESULTING FROM PARTICIPATING IN OR DOWNLOADING MATERIALS FOR OR FROM THIS APPLICATION. FEEDTEXT IS NOT RESPONSIBLE FOR USER CHEATING OR FRAUD BY ANY ENTRANTS. ANY ACTIVITIES INTENDED TO DISRUPT OR INTERFERE WITH THE PROPER PLAY OF THE APPLICATION OR TO DEFRAUD ANY CORPORATION OR ITS SPONSORS OR FEEDTEXT IN ANY WAY WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. IF YOU ENGAGE IN ANY OF THE FOREGOING ACTIVITIES YOU WILL BE TERMINATED FROM THE SERVICE AND DISQUALIFIED FROM FUTURE PARTICIPATION. IF, FOR ANY REASON, THE SERVICE IS NOT CAPABLE OF RUNNING AS PLANNED DUE TO, BUT WITHOUT LIMITATION, TAMPERING; UNAUTHORIZED INTERVENTION; FRAUD; TECHNICAL FAILURES; OR ANY OTHER CAUSES BEYOND THE CONTROL OF FEEDTEXT, CORPORATIONS OR THEIR SPONSOR THAT, IN THE SOLE OPINION OF FEEDTEXT, CORPORATIONS OR THEIR SPONSORS, COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THE SERVICE, FEEDTEXT, CORPORATIONS OR THEIR SPONSORS RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CANCEL, TERMINATE, MODIFY, OR SUSPEND THE USE OF THE SERVICE.
  
6.2 FEEDTEXT'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO FEEDTEXT IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.
  
6.3 (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.  
  
6.4 THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.