Effective Jun 6, 2008

Thanks for using MAKE SOME NOIZE! This agreement ("Agreement") is a contract between you and MAKE SOME NOIZE, Inc. ("MAKE SOME NOIZE"). By visiting or using the MAKE SOME NOIZE web site (www.MAKE SOME NOIZE.com), the MAKE SOME NOIZE Widgets, or by completing the registration process to use the MAKE SOME NOIZE Download or Subscription services (collectively, the "Services" or "MAKE SOME NOIZE Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").

You must be at least thirteen (13) years of age to use the MAKE SOME NOIZE Services. By providing information to MAKE SOME NOIZE through the account registration page for new customers or any other part of the MAKE SOME NOIZE site, you represent to MAKE SOME NOIZE that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to download content to your cell phone.

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. MAKE SOME NOIZE reserves the right to deny registration of any individual to the MAKE SOME NOIZE Services and to deny access to this website to any individual.

1. THE MAKE SOME NOIZE SERVICE & BILLING INFORMATION
MAKE SOME NOIZE's current rates:
MAKE SOME NOIZE Share Service - Free
MAKE SOME NOIZE Subscription Service – $9.99/mo. for 10 credits
MAKE SOME NOIZE Transactional Service – from $1.99 to $5.99 per content item
Text Message Subscription Services – $9.99/mo. for daily text messages

The MAKE SOME NOIZE Website includes downloadable mobile entertainment, such as ringtones, graphics, Text Message Services, applications and games (collectively, the "Downloads"). You may purchase the Downloads through the MAKE SOME NOIZE Subscription Service where you will receive multiple Downloads according to a specified schedule ("Subscriptions"). You may also purchase some Downloads individually. Once fully registered and after making payment or being subscribed to the Service, you will be permitted to download to compatible devices the Downloads you requested.

You must have an internet-enabled cell phone or device in order to access the MAKE SOME NOIZE services, including subscription and transactional services. Normal carrier charges and taxes may apply to any content you obtain from MAKE SOME NOIZE. MAKE SOME NOIZE is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the MAKE SOME NOIZE website or services. MAKE SOME NOIZE Share Service is not currently available to Alltel or Suncom users. Additional Text Message Subscription Services ("Text Services") are available on the MAKE SOME NOIZE Website. The Text Services include Pop Gossip, Hip Hop Gossip, Horoscope, Joke of the Day, Daily Insults, On this Day, Superstitions, Bible Quotes, Daily Inspiration, Romance Tips, and Booze Tips which you will be delivered to your phone on a daily basis. These Text Services are provided to MAKE SOME NOIZE account holders by Distributive Networks Inc. and are billed independently of the MAKE SOME NOIZE Subscription Service. Normal carrier charges (WAP, MMS, GPRS, SMS) and taxes may apply for subscriptions, newsletters and account related text messages.

The Subscription Services – By registering for a Subscription Service or Text Services you authorize MAKE SOME NOIZE to bill your mobile telephone invoice. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, MAKE SOME NOIZE will not refund any of your fees. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your telephone bill will be charged on the first day of each Billing Cycle. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply. Unused Credits do not roll-over to the next month. You agree that if any attempt to bill you for your subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, MAKE SOME NOIZE reserves the right to re-bill you for any outstanding fees.

Text Message Communications – You expressly agree that, as part of the service provided by MAKE SOME NOIZE, you will receive communications from MAKE SOME NOIZE by text message (SMS), including our promotional newsletters. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to un@MAKE SOME NOIZE.com, or following the opt-out instructions in the text message. You may not opt out of service-related text messages. You may receive your password confirmation text message multiple times until you complete the sign-up process. If you would like to stop receiving the password confirmation text messages, please email us at passwordsms@MAKE SOME NOIZE.com. Email Communications – You also agree to receive promotional and account related email communications from MAKE SOME NOIZE. You may unsubscribe from promotional email communications by unsubscribing here.

Purchasing Downloads Individually – You may purchase the Downloads individually. By completing the registration process, you authorize MAKE SOME NOIZE to charge the appropriate fees to the mobile phone number you provide to MAKE SOME NOIZE during the registration process. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply. Right to Change Fees – All fees are subject to change upon notice from MAKE SOME NOIZE. MAKE SOME NOIZE will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription. Taxes – MAKE SOME NOIZE reserves the right to collect applicable taxes for certain features of the Service. Expiration of License – MAKE SOME NOIZE's rights to make available certain Downloads to you may expire. In such event, MAKE SOME NOIZE will cease delivering a playback license to you after the end of the period in which such rights expire. MAKE SOME NOIZE will not refund any portion of your fees, but you may contact customer support at support@MAKE SOME NOIZE.com to receive replacement credit.

Help – Text 'HELP' to 48000 for text information on your MAKE SOME NOIZE Subscription Service. Text 'HELP' to 21453 for text information on your MAKE SOME NOIZE Transactional Service. MAKE SOME NOIZE Widgets – From time to time, MAKE SOME NOIZE offers applications , including applications that may access certain information from the MAKE SOME NOIZE Service or facilitate the transmission of content to or from mobile devices, including for use on other platforms, such as the Facebook® Platform, (such applications and any accessible information, the "Widgets").

2. CANCELLATION & TERMINATION
Cancellation – You can cancel your MAKE SOME NOIZE Subscription Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 48000.

You may cancel the Daily Pop Gossip Text Service at any time by sending a text message with the word STOP, END, or QUIT to the shortcode 71073.

You may cancel the Horoscope Text Service at any time by sending a text message with the word STOP, END, or QUIT to the shortcode 66075.

To cancel all other Text Services, send a text message with the word 'STOP', 'END', or 'QUIT' to the shortcode 40443.

Text Services can also be cancelled by submitting a request to MAKE SOME NOIZE at http://www.MAKE SOME NOIZE.com/go/cancel-textservices.

Cancellation for subscribers will take effect immediately and all unredeemed credits will be forfeited. Services are not pro-rated for mid-month cancellations. MAKE SOME NOIZE will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at support@MAKE SOME NOIZE.com.

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, MAKE SOME NOIZE will not refund any fees.

Termination – MAKE SOME NOIZE reserves the right, at its sole discretion, to terminate your permission to access and use your MAKE SOME NOIZE account and/or the MAKE SOME NOIZE website for any reason at any time without notice, including in the event that MAKE SOME NOIZE reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that MAKE SOME NOIZE shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.

Disputes – Your sole right and remedy with respect to any dispute with MAKE SOME NOIZE is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: these Terms and Conditions or any policy or practice of MAKE SOME NOIZE, including its Privacy Policy, or MAKE SOME NOIZE's enforcement or application of the same; the Downloads, Subscriptions, or Widgets; Your use or access to the Service or Subscriptions; and the MAKE SOME NOIZE billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

3. ACCEPTABLE USE OF MAKE SOME NOIZE
By downloading and/or using the MAKE SOME NOIZE Downloads, Subscription Services and/or Widgets, you agree that MAKE SOME NOIZE grants you a non-exclusive, non-transferable, revocable right to use the Downloads, Services, or Widgets on your compatible device for your own personal, non-commercial use only. Your use of the MAKE SOME NOIZE Services means you also agree to the following acceptable use policies:

Personal, Non-Commercial Use Only – The MAKE SOME NOIZE Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads, Subscriptions or Widgets. For example, you may not copy or distribute the Service, the Downloads, the Subscriptions, or the Widgets in any manner not expressly authorized by the Service. If you want to make commercial use of the MAKE SOME NOIZE Services, you must enter into an agreement with MAKE SOME NOIZE to do so in advance. Please contact us for more information.

Registration and your Personal Information – In order to use certain features of MAKE SOME NOIZE, you must register and provide personal information such as your name and wireless device number to MAKE SOME NOIZE ("Personal Information"). MAKE SOME NOIZE will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service. For additional information regarding MAKE SOME NOIZE's collection, use and disclosure of your personal information, please refer to MAKE SOME NOIZE's Privacy Policy, a copy of which is available at Privacy Policy.

Objectionable or Explicit Content – MAKE SOME NOIZE may contain content or materials that you may find objectionable. MAKE SOME NOIZE does not warrant, and makes no guarantee or representation, that you will not find all or part of any Download or Subscription to be objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.

International Use – MAKE SOME NOIZE is hosted in the United States and is intended only for use in the United States. You agree that you will use the Service only in the United States. At this time, MAKE SOME NOIZE's services are not available to overseas visitors.

Intellectual Property Rights – The Downloads,the Text Services, and the Widgets made available as part of the Service are owned by MAKE SOME NOIZE, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the MAKE SOME NOIZE Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Downloads, Text Services, the Widgets except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads, Text Services or Widgets.

"Bots", Hacking and Other Unauthorized Use – Users of MAKE SOME NOIZE may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any MAKE SOME NOIZE Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads, Widgets and the Subscriptions. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the MAKE SOME NOIZE Services. You agree to advise MAKE SOME NOIZE promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.

Customer Support – Please direct any questions concerning the Service or any other MAKE SOME NOIZE-related issue, to a MAKE SOME NOIZE customer service representative by e-mail at: support@MAKE SOME NOIZE.com.
Share – MAKE SOME NOIZE offers a Share, where users can create profiles, share photos and videos, participate in discussions, and much more. By using the Share facilities, you understand that all information, text, audio/video materials, messages, tags, or other materials (collectively, 'Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person originating the Content. You acknowledge and agree that you are solely responsible for any and all Content that you upload, transmit, post, or otherwise make available on the MAKE SOME NOIZE website or through the MAKE SOME NOIZE service.

MAKE SOME NOIZE does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. You acknowledge and agree that by accessing the Share, you may be exposed to Content that you find offensive, indecent, or otherwise objectionable. MAKE SOME NOIZE shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content on the service. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.

You acknowledge and agree that MAKE SOME NOIZE may or may not pre-screen Content, and that MAKE SOME NOIZE shall have the right, but not the obligation, to pre-screen, refuse, move, or remove any Content available by or through the service, at its sole discretion.

You agree that you will not use the MAKE SOME NOIZE Services to:
upload, transmit, post, or otherwise make available any Content that contains nudity or profanity, depicts drug use, is unlawful, harmful, abusive, defamatory, tortious, harassing, obscene, libelous, hateful, invasive of another's privacy, or that contains hate speech or otherwise objectionable materials;
upload, transmit, post, or otherwise make available any Content that you do not have a right to make available under federal, state, or local law, or under contractual or fiduciary relationships, such as proprietary or confidential information;
upload, transmit, post, or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity;
upload, transmit, post, or otherwise make available any Content containing unauthorized or unsolicited advertising, spam, promotional materials, chain letters, pyramid schemes or other forms of solicitation;
upload, transmit, post, or otherwise make available any materials, such as viruses, trojans, malware, designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;
harm minors in any way; and/or interfere with or disrupt MAKE SOME NOIZE's service, hardware, or telecommunications equipment.

4. THIRD PARTY CONTENT APPEARING ON THE MAKE SOME NOIZE SITE
Links and Advertisements – The MAKE SOME NOIZE website contains links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, MAKE SOME NOIZE cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that MAKE SOME NOIZE and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.

MAKE SOME NOIZE Promotions – From time to time MAKE SOME NOIZE may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any MAKE SOME NOIZE promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither MAKE SOME NOIZE nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.

5. REFERRAL PROGRAMS
We may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to MAKE SOME NOIZE ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from MAKE SOME NOIZE, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:
Rewards are limited to one per user.

You may not submit multiple email addresses in an attempt to earn a reward or an additional reward.

You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.

Your eligibility to earn a reward will be based on your ability to make referrals that result in new MAKE SOME NOIZE subscribers. Referrals to existing MAKE SOME NOIZE subscribers will not count towards your eligibility to earn a reward.

Credit for referrals can only be given out for those referrals who participate using their unique referral link.

You agree that you will not use unsolicited bulk email to obtain referrals. You further agree that you will not induce people you do not know to sign up through use of unsolicited email, advertisement, message board solicitation, or any other means.

You agree that you will not obtain referrals or rewards through any fraudulent means.
You acknowledge and agree that MAKE SOME NOIZE may deny reward for referrals for any reason, including if it believes, at its sole discretion, that the referrals were obtained in violation of these terms.

You may not barter, sell or trade for referrals or offer completions.

Rewards and other credits are non-transferable, and any attempt to transfer a reward or credit shall render the reward or credit void.

MAKE SOME NOIZE does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.

We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the MAKE SOME NOIZE privacy policy which can be found at http://www.MAKE SOME NOIZE.com/go/privacypolicy.

6. MAKE SOME NOIZE PROPRIETARY RIGHTS
General – Your use of the Service, Downloads, Subscriptions, and Widgets is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the MAKE SOME NOIZE website, such as the Downloads, Subscriptions, Widgets, text, graphics, logos, button icons, images, data compilations, and software, is the property of MAKE SOME NOIZE or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of MAKE SOME NOIZE and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

Trademark Information – All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of MAKE SOME NOIZE and/or its affiliates, licensors and/or licensees. Without MAKE SOME NOIZE's prior permission, you agree not to display or use in any manner the MAKE SOME NOIZE' marks.

7. CONTENT SUBMITTED BY USERS
MAKE SOME NOIZE claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant MAKE SOME NOIZE a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or MAKE SOME NOIZE removes) such Content from the Service. You understand and agree, however, that MAKE SOME NOIZE may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the MAKE SOME NOIZE Website is perpetual and irrevocable.

MAKE SOME NOIZE may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion.

8. GENERAL TERMS
Applicable Law – These Terms of Service and your use of the Service, including the Downloads and the Subscriptions, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You expressly consent that the state or federal courts of New York County, New York shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving MAKE SOME NOIZE or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction. Severability of Terms – If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.

Entire Agreement – These Terms, which incorporate by reference the MAKE SOME NOIZE Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MAKE SOME NOIZE. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Assignment of Terms – These Terms may not be assigned by any user of MAKE SOME NOIZE. These Terms may be assigned by MAKE SOME NOIZE and shall inure to the benefit of MAKE SOME NOIZE, its successors and assigns.

No Right of Survivorship or Transferability – You agree that your MAKE SOME NOIZE account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

MAKE SOME NOIZE's Remedies – You agree that any unauthorized use of the Services, the Widgets or the Downloads would result in irreparable injury to MAKE SOME NOIZE and/or its affiliates or licensors for which money damages would be inadequate. In such event MAKE SOME NOIZE its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that MAKE SOME NOIZE, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.

Indemnity – By using the MAKE SOME NOIZE Services, you agree to indemnify and hold MAKE SOME NOIZE, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, including the Downloads, the Widgets, and the Subscriptions, your violation of these Terms, or your violation of any rights of another party.

9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
Disclaimer of warranties – By using the MAKE SOME NOIZE services you expressly understand and agree that: the MAKE SOME NOIZE Services, and all downloads, materials, applications, information, products and services included in the MAKE SOME NOIZE services are provided "as is" with no warranties by MAKE SOME NOIZE or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "MAKE SOME NOIZE entities"). MAKE SOME NOIZE and the MAKE SOME NOIZE entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

MAKE SOME NOIZE and the MAKE SOME NOIZE entities disclaim any warranties that the Services, the Downloads, the Widgets, or the Subscriptions will meet your requirements, or that your access to the same will be uninterrupted or error-free. MAKE SOME NOIZE and/or the MAKE SOME NOIZE entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Services, the Downloads or the Subscriptions with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the MAKE SOME NOIZE Services. MAKE SOME NOIZE disclaims any responsibility for the deletion or failure to store any content.

You understand and agree that you download or otherwise obtain material or data through the use of the MAKE SOME NOIZE services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold MAKE SOME NOIZE and/or the MAKE SOME NOIZE entities responsible for any damages that result from you using the Services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.

No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to MAKE SOME NOIZE and/or the MAKE SOME NOIZE entities as applicable. MAKE SOME NOIZE and the MAKE SOME NOIZE entities disclaim any warranties for services or goods received through or advertised on the MAKE SOME NOIZE Services or received through any links provided by the MAKE SOME NOIZE Services.

Limitation of liability – under no circumstances, shall MAKE SOME NOIZE and/or the MAKE SOME NOIZE entities as applicable, be liable for any unauthorized use of the Services, the Downloads and/or the Subscription. Under no circumstances, including, but not limited to, negligence, shall MAKE SOME NOIZE or the MAKE SOME NOIZE entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use of, reliance on, or the inability to use, the Downloads or Services, or from the interruption, non-performance, suspension, or termination of the MAKE SOME NOIZE Services (including such damages incurred by third parties), even if MAKE SOME NOIZE and/or the MAKE SOME NOIZE entities as applicable, have been advised of the possibility of such damages.

This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised on the MAKE SOME NOIZE Services or received through any links provided in the MAKE SOME NOIZE Services.

Without limiting the foregoing, MAKE SOME NOIZE or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

Exclusions and limitations – some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

10. PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT
MAKE SOME NOIZE respects the intellectual property rights of others. MAKE SOME NOIZE may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to MAKE SOME NOIZE's Copyright Agent, including the following information:
an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices can be sent to MAKE SOME NOIZE's Copyright Agent at:
Registered Copyright Agent
MAKE SOME NOIZE, Inc.

Sales
Phone 866 620 6649
Fax 213 744 1226

MAILING ADDRESS
155 W. Washington Blvd.
Los Angeles Ca. 90015
Suite 407

email: support@msnoize.com

11. CHANGE IN TERMS AND CONDITIONS AND MAKE SOME NOIZE SERVICES
MAKE SOME NOIZE may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your MAKE SOME NOIZE Subscription and/or not use the Services.