PredictoMobile™ Service Terms

Summary
The following summary is not intended to express all of Your rights or obligations under these Service Terms, together with the PredictoMobile™ Privacy Policy and Website Terms and Conditions (collectively, "Member Terms"). This summary is intended only to present certain important aspects of Your relationship with PredictoMobile, LLC ("PredictoMobile"). For complete details, please review the remainder of the Member Terms.

By Accepting the PredictoMobile premium membership ("Premium Membership"), You ("Premium Member") acknowledge and agree that You are enrolling in a subscription service that is billed at Nine Dollars and Ninety Nine-Cents ($9.99) per month to Your mobile phone bill, and You affirm that You have read, understood and agree to the complete Member Terms. Other carrier usage charges, SMS messaging charges and connectivity fees may also apply. You must have the consent of the mobile phone account holder to enroll. Florida residents under the age of eighteen (18) are not eligible for membership;. If You are between the ages of thirteen (13) and eighteen (18) years old and not a Florida resident, You must have a parent’s consent who must subscribe on Your behalf. You may unsubscribe from the service at any time by texting "STOP" to 654654. You may obtain customer service at www.predicto.com/support or by texting "HELP" to 654654.

The PredictoMobile service basic membership ("Basic Membership") is free of charge, and if You become a basic member ("Basic Member" and, together with the Premium Members, the "Members"), You will not be billed for the Basic Membership.

Cell Phone Safety
PredictoMobile urges You to never use Your Cell Phone to access the Service or to otherwise send text or SMS messages while operating a car or other motorized vehicle or in any other situation where accessing the Service and/or sending text messages is unsafe and You expressly agree, as a condition of your subscription to the Service, that You will not do so. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREDICTOMOBILE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES OR ANY OTHER LOSS YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE IS UNSAFE TO YOU OR ANY THIRD PARTY.

Service Terms
The Member Terms govern Your use of the PredictoMobile mobile interactive service, and the associated website located at www.predicto.com ("Website") (collectively, the "Service"), as either a Premium Member or Basic Member. By Your submission of a PredictoMobile Member application for either Premium Membership or Basic Membership (collectively, "Application") and Your continued use of the Service and/or Website, You indicate that You have reviewed and accepted the Member Terms in their entirety with the intent of being bound legally thereby ("Accept" the Service). In the Member Terms, "You" and "Your" refers to the person who submits an Application, email address or cell phone number ("Cell Phone") and/or associated security PIN ("PIN Number") and/or the person with legal responsibility for the email or Cell Phone account through which the Service is primarily accessed, as applicable. Please review the Member Terms carefully. If You do not consent to the Member Terms in their entirety, You are not authorized to use the Service and/or Website in any manner or form.

We may amend the Member Terms from time to time in our sole discretion, without specific notice to You. Your continued use of the Service and/or Website constitutes Your agreement to any and all changes to the Member Terms in effect at that time. The latest Member Terms will be posted on the Website. Therefore, You should regularly check the Website for any updates and/or changes.

Your Account
In consideration for access to the PredictoMobile Service, and to establish an Account (as defined below), You must provide us with certain information in connection with Your Application ("Registration Information"). Some of the Registration Information may be collected via Your Cell Phone during registration in connection with Premium Membership and other Registration Information may be collected by and through the Website. You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If we determine, in our sole discretion, that the Registration Information that You provided is untrue, inaccurate, not current or incomplete, then we reserve the right to suspend or terminate Your Account.

Upon our approval of Your Application, and the establishment of Your PredictoMobile Account, PredictoMobile grants You a non-exclusive, revocable, non-transferable, non-assignable, personal and limited license to receive (for Your own personal use), and respond to, Content. PredictoMobile shall deliver Content: (a) through SMS messaging and/or the Website for Premium Members and; (b) through the Website for Basic Members.

For Premium Memberships, upon the submission of Your Application, and upon approval of same by PredictoMobile, PredictoMobile will send a confirmation PIN Number to the Cell Phone number provided in connection with Your Application. By submitting the confirmation PIN Number that was sent to Your Cell Phone, or by replying "YES" via text message to the confirmation message that was sent to Your Cell Phone, You acknowledge and agree that: (i) You will be enrolled in a subscription-based Service ("Premium Account") that will be billed to You at the rate of Nine Dollars and Ninety Nine-Cents ($9.99) per month ("Monthly Fee"); (ii) the Monthly Fee will be billed to Your Cell Phone account and will appear on Your monthly Cell Phone bill as "PredictoMobile" (may vary depending on Your cell phone carrier); and (iii) You affirm that You have read, understood and agree to the Member Terms in their entirety . For Basic Memberships, upon the submission of Your Application, and upon approval of same by PredictoMobile, PredictoMobile will email You a unique confirmation link or URL ("Confirmation Link"). By activating the Confirmation Link, You acknowledge and agree that: (A) You will be enrolled in a free, ad-supported, Internet-based Service ("Basic Account" and, together with the Premium Account, an "Account") without mobile access privileges; (B) advertising messages will be integrated in with the presentation of the Website to You; (C) You will receive delivery of email-based advertising content as an integral part of Your Basic Membership; and (D) You have read, understood, and agree to the Member Terms in their entirety.

If You utilize the Service in a manner inconsistent with the Member Terms, as determined by PredictoMobile in its sole discretion, PredictoMobile may terminate Your access to the Service, block Your future access to the Service and/or seek such additional and further relief available at law and in equity. For Premium Members, other carrier usage charges, SMS messaging charges, and connectivity fees may also apply and shall be billed to You (or debited from Your Account), as applicable, in addition to the Monthly Fees. Premium Members should refer to their agreements with their carriers for associated details. Premium Members must either be the Cell Phone account holder, or have the consent of the Cell Phone account holder, in order to submit an Application to enroll in the Service as Premium Members. The Website and/or Service is/are not for use by non-legal residents of the United States, those not able to enter into legally binding contracts, residents of Florida under the age of eighteen (18) and residents of all other states under thirteen (13) years of age; provided, however, that if You are over the age of thirteen (13) but under eighteen (18) years of age and are not a Florida resident, You may use the Website and/or Service, but only where you have a parent’s consent and where such parent applies for the Service on Your behalf.

All Members will be granted access to the Website by means of a user ID ("User ID") and password ("Password") that will be assigned to such Members. You are responsible for maintaining the confidentiality of Your User ID, Password and Account number. You agree that You will not authorize and/or permit others to use Your Account and PredictoMobile shall not be responsible for any unauthorized use of Your Account. You will be fully responsible for all activities, charges and/or liabilities that occur by and through Your Account, whether or not authorized by You. Although PredictoMobile has no obligations arising therefrom, You will immediately notify PredictoMobile through our customer service contact information in the event of any unauthorized use of Your User ID, Password and/or Account. You may use Your User ID, Password and/or Account only for so long as You remain a Member in good standing. You agree that You continue to be responsible to PredictoMobile for any and all charges resulting from the use of Your User ID, Password and/or Account, even after Your Account is terminated.

You grant us the perpetual, global, irrevocable right to use Your User ID, first name, last name, home city, home state and, should You submit them, Your image, likeness and any quotations or comments in connection with publishing the statistics and scores of our top performing Survey (as defined below) participants as well as the winners of any applicable Contests, should You qualify, all without further consideration or compensation.

If You are a parent permitting a minor to use the Website and/or Service, You agree to: (1) exercise supervision over the minor's use of Website and/or Service and access to the Internet; (2) assume all risks associated with the minor’s use of content received through the Website and/or Service, as well as the minor’s transmission of materials, content or other information to another person via the Internet; (3) assume any and all liabilities resulting from the minor’s use of Service, including any and all payment obligations associated with his/her Account; and (4) ensure, to the fullest extent possible, the accuracy and truthfulness of all information submitted by, or on behalf of, the minor in response to applicable Application forms. Premium Members may unsubscribe from the Service at any time by texting "STOP" to 654654. Premium Members may obtain customer service at www.predicto.com/support or by texting "HELP" to 654654. Basic Members may obtain customer service by submitting a written request on the Website customer support page located at www.predicto.com/support.

Billing and Payment
Premium Members agree to be bound by the pricing and billing practices of PredictoMobile in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed to Premium Members by PredictoMobile will appear on the applicable Cell Phone bill as "PredictoMobile" (may vary depending on your cell phone carrier). However, please be advised that PredictoMobile and Your Cell Phone carrier are not affiliated. You agree that all such fees may be automatically applied to Your Cell Phone bill and that You have the authority to authorize such billing. There are no charges associated with Basic Membership. You are responsible for paying any sales, use or other taxes related to Your receipt or use of the Service, or any prizes awarded to You in connection with the Contests (as defined below).

PredictoMobile reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. PredictoMobile will submit all such material changes to Premium Members for their review and approval. Each Premium Member will have ten (10) days to cancel his/her Account where he/she does not consent to any billing or pricing change. Failure to use the Service does not constitute a basis for any Premium Member’s refusal to pay the Monthly Fee, or any portion thereof. So long as a Premium Member’s Account is open, that Premium Member will be billed, and that Premium Member will be responsible to pay, all applicable charges. If a Premium Member cancels his/her Account, PredictoMobile will not refund any fees that such Premium Member has already paid.

Service Description
Upon establishing an Account, PredictoMobile shall post survey questions (each, a "Survey") related to current events and other topics to: (a) Your Cell Phone via SMS for Premium Members; and (b) via the Website for Basic Members and Premium Members. Premium Members may vote on any Survey that they receive by following the instructions contained within the applicable SMS message. We may also send to Premium Members optional premium Survey questions that are billed individually and separately from such Premium Members’ then-current Account plan (each, a "Premium Survey"). We will clearly identify Premium Survey questions, for which there is a separate charge as set forth therein, and Premium Members will have the option not to participate and thereby not be charged for the Premium Survey. In addition, Premium Members will receive selected news updates associated with topics that such Premium Members have previously voted on or otherwise expressed an interest in ("Updates" and together with the Surveys and Premium Surveys, the "Content"). Each Premium Member can control how often we communicate with him/her, and certain other aspects of the Service, through SMS commands and/or the Website control panel located at www.predicto.com. With each vote on a Survey or Premium Survey, such Premium Member will be automatically entered into each then-current drawing or sweepstakes ("Contests") for which the Premium Member is eligible. All Contests are offered in our exclusive discretion, from time to time. Members’ participation in such Contests shall be governed by the applicable rules published on the Website. You understand and agree that PredictoMobile assumes no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Content. Basic Members are eligible to participate in all Contests at no additional cost through the write-in mechanism described in the applicable Contest rules.

Gift Credit System
PredictoMobile may reward Members by granting gift points ("Gift Credits"), which may be redeemed for gifts ("Gifts") selected by such Members from a catalog made available on the Website ("Catalog"). Gift Credits shall be awarded to Members for voting on Surveys and other activities as specified on the Website’s "Frequently Asked Questions" page, and/or as otherwise initiated by PredictoMobile from time to time, in PredictoMobile’s sole discretion. In addition, PredictoMobile may award Members Gift Credits and/or specific Gifts, from time to time, for taking specific actions like signing up, referring a friend, etc. The award of Gifts and Gift Credits, the process of redeeming Gift Credits for specific Gifts, and the delivery of those Gifts to Members, comprises the "Gift Credit System."

The Gift Credit System may be terminated by PredictoMobile at any time: (a) for Premium Members, upon thirty (30) day’s advance notice via SMS text message to the mobile phone number that such Premium Members provided during registration; and (b) for Basic Members, by posting a notice on the "Gift Catalog" page of the Website thirty (30) days prior to any such termination. Gift Points expire five hundred and fifty (550) days (approximately 18 months) after the last date on which You receive a Gift Point. After expiration, such Gift Point balances will be deducted from Your Account and will not be available for redemption for Gifts.

Members’ Gift Credit balances shall be displayed on the "MyProfile" page of the Website, as well as on the Gift Catalog page when a Member is logged in to his/her Account. PredictoMobile’s accounting of a Member’s then-current Gift Credit balance is definitive and final; provided, however, that such Gift Credit balance is subject to correction up or down in the event of actual error, as determined by PredictoMobile in its sole discretion.

Gifts featured in the Catalog, or in any advertisement or marketing material ("Advertisement"), are subject to availability and may be changed or removed at any time without notice, in PredictoMobile’s sole discretion. The number of Credits required to redeem a particular Gift is also subject to change without notice, in PredictoMobile’s sole discretion. PredictoMobile reserves the right to substitute out-of-stock, discontinued or otherwise unavailable Gifts with articles of equal or greater value, in PredictoMobile’s sole discretion.

When a Member redeems a Gift, PredictoMobile will deduct the corresponding number of Gift Credits from that Member’s Account. If a Member redeems a Gift for which they have a Gift-specific Gift Credit, any applicable Gift-specific Gift Credit will be used first (i.e., where the Member has 3 Gift Credits plus 2 ringtone Gift Credits, and that Member elects to obtain 2 ringtones, the 2 ringtone Gift Credits will be redeemed first). Gifts may be: (a) downloadable directly to the Member’s Cell Phone ("Downloadable Gifts"); (b) in the form of codes sent to the Member’s email account ("Email Gift Codes"); or (c) physical goods ("Physical Gifts").

Downloadable Gifts: Not all carriers or cell phone models support our Downloadable Gifts. In case of incompatibility between a carrier or cell phone model and a Downloadable Gift, no substitute Downloadable Gift, or other Gift, shall be available.

Email Gift Codes: Members should ensure the accuracy of their email address on file at all times, as misdirected Email Gift Codes will not be replaced. Members are responsible for ensuring that they are able to receive emails from PredictoMobile at the email address provided by the Member on the MyProfile page. PredictoMobile assumes no responsibility for properly directed emails containing Email Gift Codes that are not received by Members due to email filtering or restriction by a Member’s Internet Service Provider, email provider, email software, spam filter software or other software, hardware or service outside the control of PredictoMobile. PredictoMobile provides a tool on the MyProfile page by which Members can send test emails to themselves from PredictoMobile.

Physical Gifts: PredictoMobile shall pay all shipping and handling fees associated with Physical Gifts. Physical Gifts are shipped to the mailing address provided by the Member on the Member’s MyProfile page.

The Gifts featured in the Catalog, the Advertisements, the Website and otherwise by PredictoMobile: (a) are provided by the applicable Gift manufacturer, distributor or retailer ("Gift Manufacturer"); and (b) contain descriptions that are provided directly by such Gift Manufacturer. As a result, PredictoMobile has no control over: (i) the quality, safety or legality of the Gifts; and/or (ii) the truth or accuracy of the Gift listings. PredictoMobile does not represent or warrant that the descriptions of the Gifts are accurate or complete. Do not assume that the offer, sale, purchase, export or import of any Gift is valid and legal simply because it is featured in the Catalog, the Advertisements, the Website or otherwise by PredictoMobile. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Gifts must be communicated to the applicable Gift Manufacturer and not to PredictoMobile.

Trademarks associated with any Gifts that may be offered by or in connection with PredictoMobile are the intellectual property of their respective owners, and mention or display of same does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with PredictoMobile or any PredictoMobile promotion.

You understand and agree that PredictoMobile is not responsible or liable in any manner whatsoever for Your inability to use the Gift Credit System, the Gifts and/or for any dispute between You and the Gift Manufacturers. PredictoMobile shall not be liable to You or any third party for any claim in connection with the Gift Credit System, Gifts and/or Gift Manufacturers.

Termination
Premium Members: Each Premium Member may cancel his/her Account at any time by texting "STOP" to 654654, by contacting us through the applicable sections of our Website located at www.predicto.com or by calling, toll free, 1-800-360-0518. Premium Members shall incur no charges for terminating their Account. Where a Premium Member terminates his/her Account, his/her Premium Membership will automatically be converted into a Basic Membership Account, through which such former Premium Member may access and redeem his/her accumulated Gift Credits until they expire. Upon such conversion, the Member will no longer be able to access the PredictoMobile Service by means of his/her Cell Phone, even if such Member has prepaid his/her Premium Membership Account for the then-current month. If a Premium Member cancels his/her Account, such Premium Member will not incur any future charges to his/her Cell Phone bill in connection with the PredictoMobile Service unless he/she re-subscribes, upgrades his/her Basic Membership to a Premium Membership or otherwise chooses to participate in future Premium Member Service offerings. However, PredictoMobile will not refund Monthly Fees paid prior to the date of a Premium Member’s cancellation and such Premium Member shall remain liable for any and all unpaid charges billed by PredictoMobile to such Premium Member’s Cell Phone bill.

We reserve the right to cancel any Premium Member’s Account at any time by refunding any pre-paid Monthly Fees for the then-current month. Further, we may, without further obligation, elect not to renew any Premium Member’s Account after the then-current billing period.

Basic Members: Each Basic Member may cancel his/her Account ("Final Termination") at any time by clicking the "Cancel My Account" link on the applicable MyProfile page, or by calling, toll free, 1-800-360-0518. Where a Basic Member terminates his/her Basic Account, such Basic Member’s Gift Points will expire immediately, and such Basic Member will no longer have access to the Website or be able to redeem his/her Gift Points. Upon Final Termination or Termination for Cause, Basic Members’ Gift Points will expire immediately and such Basic Members’ license to use the Service and Website as set forth herein shall immediately terminate.

If we have reasonable cause to believe that any Member is violating the Member Terms, we may terminate such Member’s Account without notice and without further obligation to such Member ("Termination For Cause").

Each Member’s sole recourse with respect to any dispute with PredictoMobile is to cancel such Member’s Account, except that with respect to any Contests, the applicable Contest rules shall prevail.

Acceptable Use
You agree not to interfere with or to permit the use of Your Account by another to interfere with the normal processes of the PredictoMobile Service or use of the Service by other Members, including, without limitation, by attempting to log in to the accounts of other Members, attempting to access administrative areas of the Website, attempting to systematically extract Content from the Service beyond patterns consistent with personal use or by submitting SMS commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of our Service. You agree to report any violation of the Member Terms by others that You become aware of by contacting us at: abuse@Predicto.com.

If You submit any material or content to the Service, either through our Website or via SMS (collectively, "Submissions"), You agree not to: (a) submit libelous or defamatory Submissions; (b) submit any Submissions that violate any local, state or federal law; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (d) submit any audio files, text, photographs, videos or other images containing confidential information; (e) submit any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in Your community, as defined under applicable law; (f) impersonate any person or entity; (g) "stalk" or otherwise harass any person via the Website or SMS; (h) transmit any chain letters, spam or junk text or e-mail; (i) express or imply that any statements that You make are endorsed by PredictoMobile, without our specific prior written consent; (j) harvest or collect personal information of visitors to the Website or other account holders whether or not for commercial purposes, without their express consent; (k) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (l) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (m) interfere with or disrupt any of the Website’s functions, services and/or the servers or networks connected to the Website; (n) post, offer for download, text, e-mail 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; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; and/or (p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website. You hereby grant us a perpetual, global, irrevocable right to use any Submissions provided by You without further consideration or compensation to You. By submitting any photograph(s) to PredictoMobile , you represent and warrant that: q) you have the exclusive Copyright to the photograph(s); r) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by PM; and s) PM may use the photograph, in its original or any edited, revised, or retouched form, in any and all media without further compensation to you.

You agree not to use the Service or Content for illegal purposes, and agree to comply with all applicable local, state and federal laws in connection with Your use of the Website, Service and Content.

The Website is hosted in the United States of America, is intended to be compliant only with US laws and regulations, and is intended for use only in the US. You agree that You will not use the Service outside the US.

Access to Service
Use of certain aspects of the Service requires a Cell Phone capable of sending and receiving SMS messages, and a Cell Phone service plan that permits receiving Premium SMS messages for which a charge appears on Your Cell Phone bill. Use of other aspects of the Service requires access to the Internet and our Website, through which Your service is configured, customized and controlled.

Premium Members may obtain support at any time through our Website at www.predicto.com/support, via email at support@Predicto.com, or by calling, toll free, 1-800-360-0518. Premium Members may also text "HELP" to 654654 at any time to receive summary information about their Accounts and instructions on how to access customer service. Basic Members may obtain support at any time through our Website at www.predicto.com/support.

If at any time any Premium Member fails to or refuses to pay for the Service, or seeks or obtains a refund for Service previously rendered, then we have the right to terminate such Premium Member’s Account in our sole discretion and without prejudice to our other rights.

Any requests for refunds of Monthly Fees paid by a Premium Member with respect to our Service must be submitted to us, and shall be granted in our sole discretion. If any Premium Member obtains a refund related to our Service from both his/her Cell Phone carrier and from us for the same period of Service, then such Premium Member agrees to reimburse us for the duplicate refund by repaying to us the amount of any refund that such Premium Member obtained from us that is in addition to a refund that such Premium Member obtained from such Premium Member’s Cell Phone carrier.

The PredictoMobile Service is provided on an as-is, as-available and when-available basis. Uptime, response and the transmission, receipt and/or storage of Content, Submissions and/or other material is not guaranteed. Your interaction with, and ability to use, our Service may depend on the proper functioning of Your Cell Phone and/or computer, as well as the data communication functionality provided by Your Cell Phone carrier, other intermediaries and/or Internet access providers. PredictoMobile is not responsible for failures, unavailability or impairment of hardware, software or communication systems provided by third parties.

Where a Premium Member transfers his/her Cell Phone number to a different carrier, we are required by carrier regulations to treat such Premium Member’s Premium Membership as cancelled and we will convert such Premium Member’s Premium Membership to a Basic Membership. After we receive notice of such Premium Member’s transfer, we will not be able to contact such Premium Member via SMS. Such Member may reinstate his/her Premium Membership without loss of voting history, Gift Credits, or Contest eligibility by upgrading his/her Basic Membership to a Premium Membership at the Website; provided, however, that enrolling as a PredictoMobile Premium Member through any other means may result in a loss of such Member’s voting history and Gift Credit balance.

Content
PredictoMobile is not responsible in any way for, and does not guarantee the suitability, availability or non-infringement of, any Content or Submissions by other Members, or links to other content or services that may be distributed as Content or on our Website. The Content contains information and material provided by third party partners of PredictoMobile, and the Submissions contain material provided by other Members. PredictoMobile undertakes no responsibility to monitor or otherwise police the Submissions of participants in the Service. You agree that PredictoMobile shall have no obligations and incur no liabilities to any party in connection with any such Content or Submissions appearing within the Submissions, Content, Website, Surveys, Premium Surveys and/or Updates. PredictoMobile does not represent or warrant that the Content and/or Submissions posted on the Website and/or sent to You via SMS, as applicable, is/are accurate, complete or appropriate. You understand and agree that PredictoMobile is not responsible or liable in any manner whatsoever for Your inability to use the Service and/or Surveys, Premium Surveys, Updates and/or Contests, or for any dispute between You and other Members or other third parties. You understand and agree that PredictoMobile shall not be liable to You in connection with Your use of the Service, Submissions, Content, Website, Surveys, Premium Surveys and/or Updates.

Proprietary Rights
Your subscription to the PredictoMobile Service does not convey to You any ownership interest in the Content or any software, hardware or copyrights associated with the Content or the delivery of the Service. All Content and Submissions including, without limitation, the Survey and Premium Survey questions, answer sets, Updates, news alerts, user comments, administrative SMS messaging content and web content affiliated with the Service is the exclusive property of PredictoMobile or is licensed by PredictoMobile from its corresponding copyright holder(s) and is protected by US and international copyright and other intellectual property laws. You may not copy, store, publish or distribute for free or for profit any Content, nor may You make derivative works based thereon. Your rights with respect to Your use of the Service and Content are governed by these Member Terms, as well as all applicable laws including, but not limited to, intellectual property laws, and any applicable end-user license agreements.

You agree that any Submissions that You submit to PredictoMobile shall become the exclusive property of PredictoMobile, and that PredictoMobile may use, modify, publish, sell or license such material for its own benefit without further compensation to You.

If You believe that any material available through the Service or Website infringes upon any copyright that You own or control, or that any link in the Content directs users to another website that contains material that You own or control and that is used without license, You may file a notification of such infringement with PredictoMobile’s designated agent. Please refer to www.predicto.com/copyrightpolicy for the applicable contact information and associated procedure.

Privacy and Security
In connection with the Service, PredictoMobile may collect, process and store Your Registration Information and other personal information about You (including, without limitation, name, address, phone number, email address, Survey and Premium Survey voting history and Submissions). We may convey Registration Information and other personal information to the Cell Phone service provider of Premium Members, as necessary, to provide the Service to such Premium Members. By submitting Registration Information and other personal information: (a), Premium Members consent to receive by SMS and email both Content and administrative communications from us; and (b) Basic Members consent to receive advertising material from Us and our marketing partners via email. In addition, use of the Website and/or Service is subject to the PredictoMobile Privacy Policy. We reserve the right, and You authorize us, to use and assign all information regarding Your use of the Website and/or Service and any and all Registration Information and other personal information provided by You in any manner consistent with our Privacy Policy. To view our Privacy Policy, go to www.predictomobile/privacy.

Representations and Warranties
You hereby represent and warrant to PredictoMobile as follows: (a) the Member Terms constitute Your legal, valid and binding obligation which is fully enforceable against You in accordance with their terms; (b) Your use of the Service or other participation on the Website will not conflict with or violate: (i) any provision of law, rule or regulation to which You are subject; (ii) any order, judgment or decree applicable to You; or (iii) any agreement or other instrument applicable to You; (c) the Submissions and any and all other information posted by You by and through the Website, if any, will not violate the terms and conditions set forth in the Member Terms; and (d) You will be solely responsible for the Submissions and other information that is posted by You through use of the Service, if any.

Warranty
YOUR USE OF THE WEBSITE, SERVICE, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, CONTENT AND SUBMISSIONS IS AT YOUR SOLE RISK. THE WEBSITE, SERVICE, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, CONTENT AND SUBMISSIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILBLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PREDICTOMOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PREDICTOMOBILE MAKES NO WARRANTY THAT: (A) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (E) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREDICTOMOBILE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PREDICTOMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICE PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION IFORMATION; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SURVEYS, PREMIUM SURVEYS, GIFT CREDIT SYSTEM, GIFTS, CONTESTS, SUBMISSIONS AND SERVICE. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF PREDICTOMOBILE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE PREDICTOMOBILE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PREDICTOMOBILE. THIS WEBSITE AND SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Indemnification
You agree to indemnify and hold PredictoMobile, its directors, officers, members, employees, affiliates, subsidiaries, parents successors and assigns ("Indemnified Parties"), harmless from and against any and all claims, damages and/or demands, including reasonable attorneys' fees, relating to or arising out of Your use of the Service, Website, Surveys, Premium Surveys, Contests, Submissions and Content, Your relationship with our advertisers and third-party content providers, any service providers involved in giving You access to the Website or Cell Phone carriers delivering our Service or the products or services of our advertisers.

General
You agree that any notices sent to You as required by the Member Terms shall be deemed received forty-eight (48) hours after we email them to the email address that You provided in connection with Your Application or five (5) days after we mail notice to the postal address that You provided in connection with Your Application. All notices sent to us under the Member Terms must be mailed to our postal address: PredictoMobile, LLC, One Bridge Plaza, Suite 275, Fort Lee, NJ 07024.

The Member Terms shall be governed by, and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of laws principles. Should a dispute arise concerning the terms and conditions of the Member Terms or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, You agree that You will not bring, join or participate in, any class action lawsuit as to any claim, dispute or controversy that you may have against PredictoMobile and the Indemnified Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney's fees and court costs that PredictoMobile and the Indemnified Parties incur in seeking such relief. The Member Terms shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

The Member Terms may not be modified by You except by a writing signed by an authorized representative of PredictoMobile.

In the event that any provision of the Member Terms is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Member Terms shall remain in full force and effect without said provision, and PredictoMobile shall supply an enforceable substitute provision that most nearly effects our intent in originally drafting the Member Terms.

The waiver or failure of either of us to exercise in any respect any rights provided for in the Member Terms shall not be deemed a waiver of any further right under the Member Terms, nor shall the non-enforcement or waiver of any provision on one occasion constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. No waiver by either party of its rights hereunder shall be binding unless contained in a writing signed by an authorized representative of the one waiving its rights.

The caption headings of the paragraphs of the Member Terms are for the convenience of reference only and are not intended, nor should they be construed as, a part of the Member Terms and such captions shall be given no substantive effect.

The Member Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements or promises, oral or written, concerning the subject matter of the Member Terms. The Member Terms are not transferable or assignable by You, and any attempt by You to rent, lease, sub-license, assign or transfer any of the rights, duties and/or obligations hereunder is void at its inception.

AUTHORIZATION

BY OBTAINING, OR ATTEMPTING TO OBTAIN, A PREMIUM MEMBERSHIP ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO INCUR CHARGES ON THE CELL PHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION TO PURCHASE THE PREMIUM MEMBERSHIP SERVICE.