NINJA Mobile provides downloads of various types of mobile entertainment content mobile content for use on mobile phones, including, but not limited to, ring tones, text messages, wallpapers, images, games, and audiovisual files delivered via SMS, MMS, WAP, BREW and other means of mobile content delivery to compatible mobile devices ("Downloads") and offers text message based contents and tournaments (each a "Contest").

All materials transmitted or published by NINJA Mobile on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the "Materials") are owned or controlled by NINJA Mobile , its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

To use aspects of the Site or the Services, you must register with NINJA Mobile to open an Account. As part of the registration process, each user will select a password and user name. You shall provide NINJA Mobile with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that NINJA Mobile, in its sole discretion, deems inappropriate or offensive; (iv) assign more than one mobile phone number to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.

You agree to notify NINJA Mobile of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.

NINJA Mobile may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that NINJA Mobile believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by NINJA Mobile (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of NINJA Mobile. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against NINJA Mobile , or a claim which in any way involves NINJA Mobile , then NINJA Mobile may terminate your Account. Upon termination of your Account by NINJA Mobile for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) NINJA Mobile will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

You promise that you will not:

• remove any proprietary notices from this Site, the Downloads or any copy thereof;
• cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without the express permission of NINJA Mobile
• export or re-export the Downloads in violation of United States export laws
• use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein
• access, create or modify source code of the Downloads in any way
• use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance
• sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party web site or service
• use the Services or this Site for fraudulent purposes
• attempt to decompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by NINJA Mobile with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by NINJA Mobile, this Site or the Services
• take any steps to interfere with or in any manner compromise any of NINJA Mobile's security measures or gain access to NINJA Mobile's systems or accounts
• harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information
• use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person's use of the Site or the Downloads.

Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, NINJA Mobile may immediately terminate your Account, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.

You acknowledge that, with the exception of the free Downloads discussed below, you must pay for each Download you acquire through this Site through a credit card, a charge to your mobile phone account, or any other acceptable method of payment you provide to NINJA Mobile . When you purchase a Download, you authorize NINJA Mobile to charge the fee for that Download and any applicable taxes NINJA Mobile is required to collect to the credit card number, your mobile phone account or other acceptable payment method you provide to NINJA Mobile . If NINJA Mobile is unable to process the Download fee to the payment method you provided, NINJA Mobile may immediately terminate your Account. NINJA Mobile reserves the right to change the fees charged for Downloads and payment methods at any time. All Download fees are stated in U.S. dollars. You may terminate your Account at any time, however, you will not be refunded any Download fees already paid to NINJA Mobile upon such termination.

NINJA Mobile may offer free Downloads or free trials of Downloads through this Site from time to time, including, without limitation, as a premium for participating in a Contest. NINJA Mobile reserves the right to terminate such free Download promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.

You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.

The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by NINJA Mobile to effect such termination. Sections 4, 6, and 8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.

You represent and warrant that:

• you possess the legal right and ability to enter into this Terms of Service and to comply with its terms
• you will use this Site and the Downloads for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies
• you will only use this Site and the Downloads on a computer on which such use is authorized by the computer's owner; and
• you are over 13 years of age.

You agree to indemnify, defend and hold harmless NINJA Mobile, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.

NINJA Mobile may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize NINJA Mobile to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. NINJA Mobile will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify NINJA Mobile 's Copyright Agent identified below.

A notification of claimed infringement must be a written communication addressed to the NINJA Mobile Copyright Agent set forth below (the "Notice"), and must include the following:

• a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
• a description of the copyrighted work or works that you claim have been infringed
• a description of the exact name of the infringing work and where the infringing work is located on the Site
• information sufficient to permit NINJA Mobile to contact you, such as your physical address, telephone number, and email address
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to the Digital Millennium Copyright Act, NINJA Mobile will remove allegedly infringing material from the Site upon receipt of a notice which complies with the requirements of this section. To reach NINJA Mobile 's Copyright Agent for Notice of claims of copyright infringement or counter-notifications:

By telephone: 213-455-3110
By fax: 213-455-3140

he Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site or the Services or if you have received a notice of alleged copyright infringement and you are sending a counter-notice. All other inquiries directed to the Copyright Agent will not be responded to.

All trademarks, service marks, logos, trade names, and any other proprietary designations of NINJA Mobile used herein are trademarks or registered trademarks of NINJA Mobile . Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

NINJA Mobile reserves all rights not expressly granted herein. NINJA Mobile may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site, and/or the Downloads shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and NINJA Mobile . The failure of NINJA Mobile at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to NINJA Mobile or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in the County of Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and the Downloads and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: info@ninjamobile.com Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Downloads, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at 800.952.5210.