TERMS OF USE

Revision A05 update 01/13/2011

1. INTRODUCTION.

   This “Terms of Use” (referred to below as these “Terms”) has been written to describe the conditions under which we make the play140 service (the “Service”) available to you. In these Terms, “we” and “us” mean play140 Inc. and “you” means the person using the Service. These Terms discuss important limitations about the way you may use and rely upon materials you find on the Service. Read these Terms carefully. By using the Service, you will be deemed to have accepted them. If you do not accept these Terms, you may not use the Service!

2. USE OF SERVICE.

   We authorize you to use the Service only for your personal, non-commercial use.

3. PRIVACY POLICY.

   We collect personally identifiable information from the users of the Service. Please refer to our privacy policy at http://www.play140.com/privacy-policy/ for information on how we treat the information we gather about you.

4. CONTENT.

   We retain all copyright and other proprietary rights contained in the original materials on any copies of the materials available through the service. You may not modify the materials of the Service in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any commercial purpose. The materials of the Service are copyrighted and any unauthorized use of any materials of the Service may violate copyright, trademark, and other laws. We make no claim of ownership of materials you submit to us using the Service (your “Content”), but in submitting Content to us with the Service you grant us the non-exclusive worldwide perpetual irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on or using the Service, and you represent to us that you have the right to do so and agree to indemnify and defend us against any claim to the contrary.

5. DISCLAIMERS AND LIMITATION OF LIABILITY.

   THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6. CHANGES IN THESE TERMS; MODIFICATION; TERMINATION.

   We may revise these Terms at any time by updating this posting and notifying you upon sign-in to the Service that revised terms are available. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular parts of the Service. We may, at any time, modify the Service, or stop (permanently or temporarily) providing the Service (or any features within the Service) to you at our sole discretion and for any reason, without liability to you or any person, including without limitation if you breach any provision of this Agreement; or if the provision of the Service to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of Section 4 through 7 shall continue in effect; termination shall not relieve you for liability for breach occurring prior to termination.

7. GENERAL.

   We administer the Service from our offices in the Commonwealth of Massachusetts USA. We make no representation that materials or services at the Service are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Service or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.

8. CONTACTING US.

   If you have any questions about these Terms, our privacy practices, or the Service you may contact support@play140.com.