Shake Me Babies

USER AGREEMENT

IMPORTANT! PLEASE READ THIS AGREEMENT CAREFULLY

EFFECTIVE DATE: January 1, 2009

THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS "AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH SHAKEMEBABES.COM (the "WEB SITE") AND BLINGLET INC ("PROVIDER"), OFFERS YOU ("YOU") A SERVICE BY ALLOWING YOU TO DOWNLOAD MOBILE CONTENT TO A MOBILE DEVICE (the "SERVICE"). Your right to use the Service is governed by this User Agreement and our Privacy Policy (collectively, "Terms") and You should take the time to review both carefully before You use the Service. By using the Service or Web Site in any way, You are agreeing to comply with these Terms.

You understand that Provider may, in its discretion, from time to time change, add, or remove certain features of the Service, change the pricing, or change the Terms, without notice periodically, including changes that reflect revisions to the Web Site or changes in law. If there is a material change to a feature of the Service, Provider shall use commercially reasonable efforts to inform you of the change via e-mail to the e-mail address You provide to Provider via the Web Site or via SMS to your phone, and that, if you are dissatisfied with any such changes to the Service, You may cancel your account by providing written notice to Provider within fourteen (14) days from the date of such notice. In addition, Provider reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such changes will be effective when posted on the Web Site or if the change is material to the Service, when sent. You agree to review the Terms regularly, and your continued access or use of the Service or Web Site means that You agree to any such changes.

1. Eligible Subscribers. By accepting these Terms, You confirm that You are 18 years of age or older (and are not considered to be a minor in your state of residence) and have subscribed to a participating mobile communications carrier such that You can use the Service.

2. Fees and Payment Authorization. NOTE: THIS SECTION 2 APPLIES ONLY IF YOU HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE. Your wireless service provider or pager company may charge You (a) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager, (b) airtime or other connection fees in connection with your downloading or information or messages from or uploading of information or messages to the Service, and/or (c) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and all other costs, including applicable taxes, for any hardware or service provided by your wireless service provider or pager company. The charge for this Service contained herein will be charged on your mobile telephone invoice. If You download the Service, You hereby authorize Provider to bill for the Service.

3. Use of Service; Privacy.

to impersonate or harass any other person;
to send any information of adult nature;
to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that You do not have the right to post or disclose); that violates any persons rights of privacy or publicity; or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, antidiscrimination or false advertising laws, and without limiting the foregoing, You specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which You reside);
to intercept any communications not intended for You;
to release, post, distribute or execute any viruses or other harmful computer code; or
to engage in "spamming" or similar conduct.

3.2 Provider does not control the data, information or other postings provided by other users, which is made available through the Service. You may find other user's information to be offensive, harmful, inaccurate, or deceptive or otherwise violate the Terms. Please use caution and common sense when using the Service or relying on any data, information or other postings provided through the Service. You agree to report any illegal activities promptly after You become aware of such activities which violate the Terms set forth on the Web Site.

3.3 You may not use the Service in any way that adversely affects our infrastructure (as determined by Provider in light of the purposes for which You are using the Service and other users generally) or that would harm, breach or otherwise impair our arrangements with any of our service providers.

3.4 Provider recognizes that our users have concerns about privacy. By accepting the Terms, You expressly consent to uses and disclosures of your personal information as enumerated in Provider's then-current Privacy Policy, which is incorporated herein by reference. Our current Privacy Policy is available at http://www.shakemebabies.com/privacy.

3.5 Users who use our Service agree to accept our SMS messages as part of the Service. Provider only uses these communications to alert users to the application and to inform users of any material changes to the Service or problems with the Web Site. You can elect not to receive our messages and remove yourself from our mailing list, by replying to any message with STOP.

4. Content.

4.1 The contents of the Service including the Web Site are intended for the personal, noncommercial use of its users. All materials published on the Web Site (including, photographs, images, illustrations, product descriptions, audio clips, video clips, or other content contained on the Web Site (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Provider or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.

4.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as expressly allowed herein, You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Web Site or Service in whole or in part.

4.3 You agree that any data, information, feedback, questions, comments, suggestions and/or submissions to the Web Site or through the Service will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property; provided that You will own any personal user information or other registration information that you have given us as part of the registration process (your "Registration Information"). With respect to your Registration Information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use your Registration Information in any media now known or not currently known; provided that such use will be in accordance with Provider’s Privacy Policy then in effect.

5. Representations and Warranties/Indemnity/Disclaimer.

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted by You or Provider's use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this User Agreement, as well as contracts for use of the Service.

5.2 You hereby indemnify, defend and hold Provider and its officers, directors, owners, agents, information providers, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all losses, liabilities, damages, costs and expenses (including legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Terms or the foregoing representations, warranties and covenants. You shall cooperate as required by Provider in the defense of any claim. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of Provider without Provider’s prior written consent.

5.3 The software available for downloading through the Service is provided by third party software suppliers pursuant to license agreements or other arrangements between Provider and such suppliers. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE, WEB SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO PROVDER OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. PROVIDER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, CONTENT OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE OR ANY RESULTING DAMAGE TO YOUR MOBILE DEVICE.

6. Limitations of Provider Liability. NEITHER PROVIDER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES INCLUDING, LOST DATA, BUSINESS INTERRUPTION, OR LOST PROFITS OF ANY NATURE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR WEBSITE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO PROVIDER IN THE PRECEDING TWELVE MONTHS FROM THE DATE THE LIABILITY AROSE.

7. Termination. Provider may in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Web Site or Service for any or no reason, including, breach of the Terms.

8. Miscellaneous. This User Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this User Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this User Agreement will remain in full force and effect. As used in this Agreement, "including" means "including but not limited to." This document and the pages referred to herein represent the entire agreement governing your use of the Service and supersede any prior or contemporaneous written or oral statements by Provider or its representatives, suppliers or resellers.

9. Contacting Us. The Services hereunder are offered by Blinglet Inc, located at 5976 W. Las Positas Blvd, Suite 200 Pleasanton, CA 94588. If You are a California resident, You may have this User Agreement e-mailed to You by sending a letter to the foregoing address with your e-mail address and a request for this User Agreement. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.