Terms of Service

Applicability and Acceptance of Terms and Conditions of Use

Except as otherwise set forth herein, these General Terms and Conditions of Use ("Terms and Conditions") govern your use of the EMN MOBILE USA, INC. ("EMN MOBILE") mobile music TV service. By accessing and using the service, you (£Subscriber£) acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately refrain from use of the service.

Revisions to Terms and Conditions

Please refer to these Terms and Conditions regularly. EMN MOBILE may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of the services described herein following posting of changes to these Terms and Conditions signifies that you accept these changes.

The Terms and Conditions:

The EMN MOBILE MUSIC TV SERVICE ("EMN MOBILE SERVICE") is provided subject these Terms and Conditions, as well as the terms the Subscriber£s Wireless phone service agreement. Therefore, the EMN MOBILE SERVICE£s Monthly Access Fee of $1.99 per month is in addition to all your other cell phone charges and Voice and/or Data Plan is required. Contact your cell phone provider for available plans or see your mobile product brochure for a coverage map, and rates.

Use

The EMN MOBILE SERVICE brings your favorite music videos right to your mobile phone. The EMN MOBILE SERVICE shall be used only for Subscriber£s personal use, entertainment and viewing within the U.S., as a non-commercial, subscription, and may not be resold or distributed.

The EMN MOBILE SERVICE is available within the Subscriber£s Wireless Service coverage area and may be interrupted or restricted without notice. Your continuation of this subscription process is your confirmation that you have reviewed the EMN MOBILE SERVICE Terms and Conditions and your Wireless Service Agreement, and agree to them.

Content

All content and services are provided by third parties. EMN MOBILE and its licensors are not responsible and assume no liability for content including, without limitation, any defamation, obscenity or profanity you may encounter through the use of the EMN MOBILE SERVICE. You (the "Subscriber") understand that by using the EMN MOBILE SERVICE you may be exposed to content that you find offensive, indecent or otherwise objectionable. EMN MOBILE is not responsible for the content, products, materials, or practices of any third-party. EMN MOBILE makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of the content or services.

The Subscriber shall not block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute part of the EMN MOBILE SERVICE.

Programming available on the EMN MOBILE SERVICE is subject to change and blackout. Signals may be lost due to severe weather or coverage area and EMN MOBILE SERVICE is not available in all areas where the Subscriber receives wireless coverage.

Restricted Uses

The EMN MOBILE SERVICE shall not be used in any situation that may endanger the Subscriber or any third party, including while driving or engaging in any other activity that requires the full attention of Subscriber. Subscriber shall not authorize or assist any third party in doing the above.

The name "Eye Music Network" and the graphics and logos displayed on this service are the property of or have been licensed by EMN MOBILE and may not be used without the prior written permission of EMN MOBILE. Neither EYE MUSIC NETWORK, INC. nor EMN MOBILE permits the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without their prior written approval. EMN MOBILE and its licensors retain exclusive ownership of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights worldwide in and to the EMN MOBILE SERVICE. No implied licenses are granted.

All content included in the EMN MOBILE SERVICE, including graphics, text, images, logos, audio and video materials, and software, as well as the compilation of the content, is the property of EMN MOBILE and/or its licensors (the "Materials") and is protected by U.S. and international intellectual property laws. Any unauthorized use of the Materials may violate copyright, trademark or other laws. Materials may be viewed as presented and are for personal use only. Unless otherwise authorized by law, you agree not to alter, falsify, misrepresent, modify, copy, reproduce, record, store, republish, upload, post, transmit, transfer (whether through video out function, place shifting or otherwise), distribute or otherwise utilize the Materials without the express, written permission of the copyright holder. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. Pursuant to the Digital Millennium Copyright Act, EMN MOBILE reserves the right to terminate the accounts of users of the Service who are infringers of the copyrights of others.

Subscriber represents and warrants that he or she shall use the EMN MOBILE SERVICE only for lawful purposes and in accordance with these terms and the terms of the Subscriber£s Wireless Service Agreement, these Terms and Conditions and shall not to violate any laws, rules, regulations or ordinances, including without limitation any intellectual property laws, privacy laws, telecommunications laws or U.S. export control laws. Subscriber shall not use the EMN MOBILE SERVICE in any manner that violates any right of EMN MOBILE or any third party, including any right of privacy, publicity, copyright or trademark.

Exclusion of Warranties

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EMN MOBILE SERVICE IS AT YOUR SOLE RISK AND THAT THE EMN MOBILE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

b. IN PARTICULAR, EMN MOBILE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

i. YOUR USE OF THE EMN MOBILE SERVICE WILL MEET YOUR REQUIREMENTS,

ii. YOUR USE OF THE EMN MOBILE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

iii. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE EMN MOBILE SERVICE WILL BE ACCURATE OR RELIABLE, AND

iv. EMN MOBILE AND ITS LICENSORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitations of Liability

EMN MOBILE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE EMN MOBILE SERVICE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF EMN MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EMN MOBILE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EMN MOBILE SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMN MOBILE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, INCLUDING, WITHOUT LIMITATION, EYE MUSIC NETWORK, INC., SHALL NOT BE LIABLE TO YOU FOR:

i. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; AND

ii. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

a. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE EMN MOBILE SERVICE; AND

b. ANY CHANGES WHICH EMN MOBILE OR ITS LICENSORS MAY MAKE TO THE EMN MOBILE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EMN MOBILE SERVICE (OR ANY FEATURES WITHIN THE EMN MOBILE SERVICE).

THE LIMITATIONS ON EMN MOBILE'S AND ITS LICENSOR'S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT EMN MOBILE OR ITS LICENSORS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You hereby agree to defend, indemnify and hold harmless EMN MOBILE and its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the EMN MOBILE SERVICE.

PLEASE NOTE: BY USING THIS EMN MOBILE SERVICE, YOU AGREE THAT WE MAY COLLECT AND TRANSMIT INFORMATION ABOUT YOUR USE OF THE EMN MOBILE SERVICE. This information may include, without limitation, the following: (i) activation, deactivation and subscription changes; (ii) date, time, duration and content viewed; (iii) viewing presentation events such as changes to screen modes and interruption due to calls; and (iv) other service impacting events like time zone changes, delivery failures, and system initiated transactions. The information will be used for billing, maintenance, troubleshooting, and similar service related purposes. The information will also be used to report viewing habits, in an aggregated, non-personally identifiable manner, to content providers and advertisers. The information may be share with EMN MOBILE vendors, including, but not limited to, EYE MUSIC NETWORK, INC., and is subject to EMN MOBILE's privacy policy.

General

These Terms and Conditions and all information on page are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from your use will be in the state or federal court of competent jurisdiction in the State of Georgia. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between users and EMN MOBILE relating to the subject matter herein and will not be modified except in writing signed by both parties.