Effective July 2, 2007

The MobileGalleries.com service allows its members to submit and manage a collection of media. The MobileGalleries.com service is offered by MobileGalleries.com (“MobileGalleries.com”) and includes the MobileGalleries.com website (the “Website”) its mobile version, and any other features, functions or content we offer in connection with the Website (collectively, the “Service”). These terms of use (“Terms of Use”) constitute a binding agreement between MobileGalleries.com and you governing your use of the Service. By using the Service, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use the Service to post any of your own materials or to view materials posted by other people. MobileGalleries.com reserves the right to modify the Terms of Use at any time. Your continued use of the Service after MobileGalleries.com modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using the Service immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

You are granted a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes, unless subscribed to a subsciption package that allows such use.

When you join the Service, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold MobileGalleries.com harmless for any damage arising from a third party accessing the Service using a password you disclosed.

MobileGalleries.com's Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on the Service (“Content”) regardless of whether the Content is included in blogs, e-mails, profiles, comments, skins or any other portion or feature of the Service. These rules also apply to any other use you may make of the Service (“Conduct”). Notwithstanding any provision of the Rules of Member Conduct, MobileGalleries.com reserves the right not to post or to remove any Content from the Service at any time, without notice, for any reason or no reason, in MobileGalleries.com's sole discretion. The following is a list of Content and Conduct that violates the Rules of Member Conduct - you may not use the Service to: upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable; - harm minors in any way;
- solicit personal information from anyone under 18;
- impersonate any person or entity, including, but not limited to, a MobileGalleries.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- provide a false birthday or age;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit 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 classifieds) that are designated for such purpose;
- upload, post, email or otherwise transmit 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;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
- upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
- interfere with or disrupt the Service or the servers or networks used to provide or receive the Service or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service;
- intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

MobileGalleries.com has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.
You acknowledge that MobileGalleries.com has no responsibility for monitoring, filtering or pre-screening Content, but that MobileGalleries.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable. You understand that all Content posted to the Website or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that MobileGalleries.com will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service, and you hereby release MobileGalleries.com and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. MobileGalleries.com reserves the right to preserve and disclose Content posted to or transmitted via the Service if reasonably necessary to: -enforce this Agreement
-comply with a legal process
-protect the rights, property, or personal safety of any party.

MobileGalleries.com reserves the right to take appropriate legal action against anyone who uses the Service in violation of the Terms of Use. Whenever MobileGalleries.com learns of any use of the Service in violation of or that may be in violation of any applicable law, MobileGalleries.com may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

You acknowledge that MobileGalleries.com has no control of the communications lines used to access the Service because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Service is not the responsibility of MobileGalleries.com.

(This section refers to Content that you create) You retain all ownership rights to your Content. Except for its ownership of the collection of all content on MobileGalleries.com, as described below, MobileGalleries.com does not claim ownership of any Content you publish in your area of the Website (“Your MobileGalleries.com Site”). When you publish your Content on the Service, you grant MobileGalleries.com a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors. By publishing Content on Your MobileGalleries.com Site you grant MobileGalleries.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation MobileGalleries.com’s co-brand, content and syndication partners - to do the same) solely for the following purposes:
- Displaying, distributing and promoting Your MobileGalleries.com Site
-Promoting and marketing MobileGalleries.com’s products and services and general operation of the MobileGalleries.com Service
-Promoting and marketing the products and services of MobileGalleries.com’s partners and affiliates
-Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on Your MobileGalleries.com Site and only for as long you remain a MobileGalleries.com member, except that you grant MobileGalleries.com a continuing perpetual license and right to maintain a copy of your MobileGalleries.com Site and Content for archival purposes. This archival copy is not posted publicly on the MobileGalleries.com system; it is maintained solely so that MobileGalleries.com may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the MobileGalleries.com service safer. Except for this license for archival use, in the event that you remove the Content from Your MobileGalleries.com Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.


Content created by MobileGalleries.com or its suppliers
All content created by MobileGalleries.com, its partners, or its suppliers and included on the Service, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of MobileGalleries.com, Inc. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Compilations of Content
Notwithstanding the provisions outlined in “Content submitted to MobileGalleries.com” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of MobileGalleries.com and protected by U.S. and international copyright laws. The Content and software on the Service may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Service is strictly prohibited.
*Individual Contributors retain all ownership rights to their Content. MobileGalleries.com does not claim ownership of any Content you publish on Your MobileGalleries.com Site.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. MobileGalleries.com reserves the right to terminate your use of the Service and remove any infringing Content if you infringe the copyright rights of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.

MobileGalleries.com and MobileGalleries.com.COM are registered trademarks of MobileGalleries.com. MobileGalleries.com’s marks may not be used in connection with any product or service that is not MobileGalleries.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MobileGalleries.com.

You hereby certify to MobileGalleries.com that you are at least 13 years old. The Service is intended for people who are at least 13 years old. Children under 13 are not permitted to join the Service or participate in the MobileGalleries.com community, and MobileGalleries.com will delete MobileGalleries.com accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s site.
For purposes of identification, you must provide MobileGalleries.com with accurate, complete, and updated information required by the registration to the Service - namely, a valid email address and date of birth. If you choose to purchase any of MobileGalleries.com’s pay services (such as MobileGalleries.com Premium) or provide information for one of MobileGalleries.com’s age verification services, you must provide MobileGalleries.com with accurate, complete and updated information (e.g. a credit card number and expiration date). MobileGalleries.com may require a copy of a state issued form of identification before making changes to the registration data, age verification status or billing information on a customer’s account. Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on MobileGalleries.com.
Please see our MobileGalleries.com Safety site for information concerning safer ways to participate on MobileGalleries.com and the availability of parental control protections (such as computer hardware, software or filtering services) that may assist parents in limiting access to material that is harmful to minors.


The Service may include links to other websites or resources. MobileGalleries.com has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. MobileGalleries.com does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

You agree to indemnify and hold MobileGalleries.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MobileGalleries.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MobileGalleries.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MobileGalleries.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT MobileGalleries.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOBILEGALLERIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of MobileGalleries.com’s proprietary rights in them.

The laws of the State of Florida will govern the Terms of Use, without giving effect to any principles of conflicts of laws.