Last Modified: October 22, 2008

1. GENERAL

JAGTAG (JAGTAG or Service) is a website (located at www.jagtag.com and other URLs designated by us from time to time) and service owned and operated by JAGTAG, Inc. Through JAGTAG, end users can engage two-dimensional codes, images, hyperlinks and other tags (collectively, "Tags") through their mobile devices or through other forms of media and, in return, receive digital content ("Content") back to their mobile devices. Please note that we act solely as service providers to enable and deliver the Content and that all Content is created by the advertisers, agencies, brands and other companies ("Content Providers") who use JAGTAG.

Please review the following terms ("Terms of Use") that govern your use of JAGTAG. These Terms of Use constitute a legal agreement between you and us. By accessing, browsing and/or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms of Use, any modifications to the Terms of Use and the JAGTAG Privacy Policy, which is incorporated by reference into these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Service. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Service.

Please note that your use of, access to or participation in certain JAGTAG content and features may be subject to additional terms. For example, if you enter a sweepstakes offered through the Service, you will be bound by and subject to the official rules for such sweepstakes. By using, accessing or participating in such JAGTAG content and features, you also agree to be bound by such additional terms.

Please return to our website and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the website.

You must be 13 or older to use JAGTAG. We do not allow children under the age of 13 to participate in the Service. If you are between 13 and 17, you agree that you received your parent or legal guardian's consent to use JAGTAG and authorize Content to be delivered to your mobile device.

2. ACCESS TO JAGTAG

You acknowledge and agree that you are solely responsible at your cost and expense for providing all hardware, software, wireless and/or data subscription plans and other items necessary for you to access and use the Service, including, without limitation, a mobile handset or another mobile access device that is in working order and suitable for use in connection with JAGTAG.

Accessing the Service requires at a minimum a SMS and MMS enabled mobile device (certain features may also require a WAP-enabled mobile device) and a mobile communications subscription with a participating wireless carrier. Your carrier's standard messaging rates will apply to all SMS and MMS messaging. Additionally, other charges, including data plans for your use of WAP and Internet browsers, may apply. All charges are billed by and payable to your wireless carrier. Please contact your wireless carrier for complete pricing details.

You acknowledge that messaging and Content will be transmitted over and through JAGTAG in an unencrypted format. To the extent permitted by law, we may intercept and disclose any messaging and Content transmitted over or through JAGTAG to the extent reasonably necessary to protect our rights or property, including without limitation, to protect the operation of the Service, or to comply with any legal, regulatory, governmental, or carrier inquiries or requirements.

3. CONTENT

Unless otherwise noted, all messaging, materials, images, illustrations, designs, icons, photographs, video clips, data, information and written and other materials that appear as part of the Service, including, without limitation, Tags (collectively, the "Content"), constitute copyrighted content, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us and our licensors. In addition, patents, copyrights, trademarks and other intellectual property rights owned and controlled by our licensors and us, as a whole and in part, protect the Service.

Authorized users of the Service intend the Content and Service solely for personal, noncommercial use. You may view, use, download and copy the Content for your personal, noncommercial use only. In certain cases, you are also permitted to forward Content to another JAGTAG user; provided that there are certain pieces of Content that are meant solely for your own personal use and may not be forwarded, shared, distributed or sent to another (for example redemption codes, coupons or other promotional offers). However, no right, title or interest is transferred to you as a result of any of the preceding activities. Our licensors and JAGTAG reserve all rights not expressly granted in these Terms of Use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content and Service.

You acknowledge that we do not have any obligation to review Content, that we are not in any manner responsible for Content, that we do not guarantee the accuracy, integrity or quality of Content, and that we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on or in connection with the Service. You acknowledge that by providing you with the ability to access and view Content through the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities of Content Providers. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any Content are not ours, but those of the Content Provider.

4. SUBMISSIONS

All data, information, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Service or otherwise disclosed, submitted or offered in connection with your use of the website (collectively, "Submissions") are not confidential or proprietary. Submissions include, without limitation, any information you may submit in connection with the Service. By providing Submissions to us, you grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use your Submissions and/or your name, likeness and image in any manner or media now or later known, including, without limitation, the right to sublicense and assign and commercialize your Submissions without any approval, compensation, or notice to you. In addition, when you submit a Submission, you grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Submission with other Content, create derivative works of and publicly perform your Submission for any purpose in any manner or media now or later known.

You agree that no Submissions submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

You acknowledge that we do not have any obligation to review Submissions posted and/or submitted by users accessing the Service, that we are not in any manner responsible for Submissions, that we do not guarantee the accuracy, integrity or quality of Submissions, and that we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on or in connection with the Service. You acknowledge that by providing you with the ability to access and view Submissions through the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Submissions or activities of users of the Service. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any Submissions are not ours, but those of the respective submitting user.

You further acknowledge that we have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms of Use and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. If we receive notification that a Submission allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the Submission, which we reserve the right to do at any time. For clarity, we do not permit copyright infringing activities on the Service, and reserve the right to terminate access to the Service, and remove all Submissions submitted, by any persons who we deem to be infringers.

We reserve the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in our sole discretion. You agree that we will not be liable to you or to any third party for any suspension or discontinuance of acceptance of any Submissions. You agree that we do not have any obligation to use or respond to any Submissions.

5. PRIVACY

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of JAGTAG is subject to the Privacy Policy.

6. THIRD PARTIES AND OTHER WEBSITES AND SERVICES

As an integral part of the Service, you expressly acknowledge that we may share certain information about you with Content Providers and service providers (as more fully described in the Privacy Policy), who are third parties to us, to provide the Content you request. Although we use commercially reasonable measures in connection with such third parties (including contractually binding such third parties to certain restrictions and obligations with respect to such information), we cannot be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such sharing of information with such third parties and/or such third parties use of such information.

You acknowledge that we may provide, or third parties may provide, links to other third party websites, resources and services through the Service. Moreover, you acknowledge that third party websites, resources and services may contain information and content related to the Service. Because we have no control over such websites, resources and services, you acknowledge and agree that we are not responsible for the availability of such third party websites, resources and services, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available through such websites, resources and services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, products, services or other materials on or available through any such website, resource or service.



7. DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY

THE SERVICE (INCLUDING ALL CONTENT AVAILABLE THROUGH THE SERVICE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE MAKE NO WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH THE SERVICE AND DISCLAIM ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, CONTRACTUAL OR STATUTORY, EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE OR USE, TITLE, INTERFERENCE, NONINFRINGEMENT, RELIABILITY, TIMELINESS, OR SECURITY AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE. YOU ACKNOWLEDGE THAT: (I) THE SERVICE HAS NOT BEEN SPECIFICALLY DESIGNED TO MEET YOUR AND/OR ANY SPECIFIC USER'S INDIVIDUAL REQUIREMENTS; AND (II) THE SERVICE WILL NOT BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR THAT ALL MESSAGING WILL BE DELIVERED.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY CONTENT PROVIDER WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT PROVIDED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT WE WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, OR STRICT LIABILITY TO YOU FOR: (I) ANY MESSAGING OR CONTENT DELETED OR NOT DELIVERED, REGARDLESS OF THE REASON FOR DELETION OR NONDELIVERY, INCLUDING, WITHOUT LIMITATION, MESSAGE PROCESSING, TRANSMISSION ERRORS, OR TEXT MESSAGING NETWORKS AND/OR SERVICE FAILURES; (II) THE ACCURACY AND APPROPRIATENESS OF INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICE; OR (III) CAUSES BEYOND OUR REASONABLE CONTROL. YOU AGREE THESE LIMITATIONS ARE REASONABLE WITH DUE REGARD FOR THE BUSINESS RISK ASSOCIATED WITH THE SERVICE WE PROVIDE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IF, DESPITE THE LIMITATIONS ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS OF LIABILITY ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE AND/OR YOUR USE OF THE SERVICE.

8. TERMINATION

You may terminate your use of JAGTAG at any time. We may suspend, modify, or discontinue access to the Service for any reason, to any or all users, at any time. We may also terminate your access to JAGTAG at any time with or without notice to you. Upon any termination of your use of JAGTAG, you must promptly destroy all Content obtained through the Service, as well as copies of such Content. Sections 3, 4, 5, 6, 7, 8 and 11 and any other provisions that by their nature should survive termination shall so survive any termination of your use of JAGTAG.

9. NO INTERNATIONAL USE

JAGTAG is intended for use solely by residents of the United States. Individuals residing outside the United States are not authorized to access or use the Service. By using JAGTAG, you represent that you reside within the United States.

10. COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and e-mail address; (v) a written 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: ___________

Address: ___________

Telephone: ___________

Fax: ___________

E-mail: ___________

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.

We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Service.

11. MISCELLANEOUS

These Terms of Use and your use of the Service shall be construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You agree that any dispute arising under these Terms of Use or your use of the Service shall be resolved exclusively by the state and federal courts located in New York, New York. These Terms of Use constitute the entire agreement between you and us with respect to the Service and govern your use of the Service, superseding any prior agreements between you and us. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of these Terms of Use and use of the Service do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under these Terms of Use and any such prohibited assignment transfer shall be null and void. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that the terms contained in these Terms of Use are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Terms of Use will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section headings have been inserted for reference only and it is agreed that such section headings are not a part of these Terms of Use and shall not be used in the interpretation of any provision herein. Whenever used herein, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.

12. CONTACT US

If you have questions about JAGTAG, you can reach our customer service at support@jagtag.com or (888)JAGTAG2 (524-8242).