Terms of Use Overview

The mp3g.com website is a wireless mobile entertainment service owned and operated by Songdog Network, Inc. The mp3g.com website, content and related services are collectively referred to herein as (the “Service”) The Terms and Conditions set forth below, including the End User License Agreement, (the “EULA”) will apply to all sales of mobile content and services (the “Products”) made by you the customer via the Service.

Before using this website, please read the Terms of Use set forth below. By using this website you agree to be bound by the Terms of Use. Songdog Network, Inc., its subsidiaries, websites and affiliates (collectively, SDN) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this website. This website is made available for your personal, non-commercial use only. You may not use this website to sell a product or service, or to increase traffic to your website for commercial purposes, such as but not limited to, advertising sales. You may not take the results from any type of Web or Wap search and reformat and display them, or mirror the Web or Wap site home page or results pages on your Web or Wap site. If you are interested in commercial use of the Web site or Service, you must enter into a separate agreement with the SDN permitting the use in advance. Contact comdev@mp3g.com for more information.

Terms of Use

1. Ownership

All contents of this website are Copyright © 1999-2005 SDN, our affiliates and/or third-party licensors or sub-licensors. All Rights Reserved. All trademarks, service marks, and trade names are proprietary to SDN, our affiliates and/or third-party licensors or sub-licensors. Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other portal, website, or any other computer or network environment is strictly prohibited.

2. EULA (End User License Agreement)

If you download software from this website, the software, including any files, images and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors on a limited, non-exclusive basis for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded and stored, but SDN (or any third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form.

3. No Representations Or Warranties

The services provided on this website and the content, information, documents, graphics and images published at this website could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.

Realtones, Ringtones and Wallpapers work on selected handsets per the handset selection menu and on carrier networks listed in the Help Section of this website. Some handsets do not support certain media types (e.g. some handsets do not support Realtones). Certain factors beyond our control, e.g. changes in handset configurations, carrier networks, etc. may prevent successful download of certain media items.

Some local networks may not support ringtone or wallpaper downloads. Other CDMA network prohibit all independent or third-party ringtone and wallpaper downloads. This website and the Service does not currently allow purchases from Verizon customers. Voicemail messages require voicemail service from your carrier and will work with all

Consequently,

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of this website should not rely upon opinions expressed at this website when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this website or on linked websites.

4. Privacy Policy

The information that SDN obtains through your use of our websites, is subject to our Privacy Policy. That privacy policy contains terms and conditions that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates an agreement to our Privacy Policy.

5. Web Site Links And Third-Party Sites

This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

6. Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

7. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

8. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

9. Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN OKLAHOMA COUNTY, OKLAHOMA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

10. Jurisdiction Issues

We make no representation that materials on this website are appropriate or available for use in any location outside of the jurisdiction of the United States. Those who choose to access the mp3g.com.com website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded and/or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this website and destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to this Website may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must cease use of this Website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

12. General Provisions

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. We may modify these Terms of Use at any time by posting revised Terms of Use on our website and your continuing use of such website and the Services constitutes your agreement to be bound by such modified Terms of Use. These terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Oklahoma City, Oklahoma, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.