GENERAL TERMS AND CONDITIONS
influxMEDIA Websites
December 1, 2007

GENERAL INFORMATION

Welcome to the influxMEDIA, Inc. ("influxMEDIA") Site ("Site"). The goal of this Site is to provide you with access to the most comprehensive information and details about influxMEDIA products and services with related links to meet your needs (the "Content"). Please read these Terms of Use (the "Terms"), herein, carefully before continuing on with your use of this Site. These Terms shall govern the use of the Site and apply to all Internet traffic visiting the Site. By accessing or using this Site, you agree to the Terms. The Terms are meant to protect all of our Site visitors and your use of this Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS Site. By accessing and using the information and/or materials downloaded from this site or sites which are owned and/or operated by influxMEDIA or its Affiliates, you are agreeing to comply with and be bound by the Terms. influxMEDIA reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

In accordance with our goals, this Site will permit you to link to many other Sites, that may or may not be affiliated with this Site and/or influxMEDIA, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such Sites through links provided on this Site is governed by the terms of use and policies of those sites, not this Site.

PRIVACY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found on influxmedia.com.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Site is controlled and operated by influxMEDIA. All content on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by influxMEDIA or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to influxMEDIA. Content on this Site or any Site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. influxMEDIA grants limited, non-exclusive use to print a copy of the Content and/or information contained herein for your personal, non-commercial use only. However, you agree not to use, download, upload, post, transmit, distribute, reproduce, modify, create derivative works from, display, perform, publish, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third party website) and/or exploit the Content or information in any way (including by e-mail or other electronic means) without the express prior written consent of influxMEDIA and the Providers. You may request consent by faxing a request to our legal department at 775-201-4429. Without the prior written consent of influxMEDIA and/or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of influxMEDIA Terms and/or the Provider copyrights, trademarks or service marks and other proprietary rights. THIS IS PROHIBITED. As a condition to your use of this Site, you warrant to influxMEDIA that you will not use our Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. influxMEDIA retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Site any of the Content or other materials on this Site without prior written consent of influxMEDIA.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

LINKS

This Site may contain links to other Sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under influxMEDIA's control, and influxMEDIA is not responsible for, and does not endorse, such content, whether or not influxMEDIA is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your Site by influxMEDIA, or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS Site IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, influxMEDIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER influxMEDIA, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS Site WARRANT THAT THE FUNCTIONS CONTAINED IN THIS Site WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS Site IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. influxMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS Site, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS Site.

YOU EXPRESSLY AGREE THAT USE OF THIS Site IS AT YOUR SOLE RISK. YOU (AND NOT influxMEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER influxMEDIA, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS Site, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS Site OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, influxMEDIA AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS Site. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT influxMEDIA IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, influxMEDIA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless influxMEDIA, its affiliates, and providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS

These Terms are for the benefit of influxMEDIA, its affiliates, and its providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

PURCHASE AND REGISTRATION

During the purchase and registration processes to use services provided by influxMEDIA ("Service"), you may be requested to provide certain information (ie: name, telephone number, e-mail address, country or territory of residence, credit card and billing information), and you agree to provide true, accurate, current and complete information about yourself. You agree that you will use the Service only in the country or territory where you currently reside. Should any provided information change, it is your responsibility to update your influxMEDIA account. influxMEDIA shall use any information obtained in accordance with its privacy policy, which may be reviewed at influxmedia.com. Please review this privacy policy before you complete the purchase or registration process or attempt to use or access the Service.

CHARGES AND PAYMENT

The price of any Services will be the price specified at the time of your purchase. Prices for all Services exclude all applicable taxes and telecommunication charges, such as transport or delivery fees, unless otherwise indicated. Your use of telecommunications network(s) for the use of Services may result in third-party charges from your network provider and/or other third party companies. influxMEDIA is not responsible for any fees related to the Service other than those provided directly by influxMEDIA. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. By completing the purchase and/or registration processes, you authorize influxMEDIA and/or your telecommunications carrier, to charge the applicable fees to your designated credit card or directly to your mobile telephone invoice, as selected by you or indicated in the transaction. In the event you cancel your account, whether in whole or in part, you will be responsible for all charges to date. Please pay attention during the registration process. influxMEDIA shall not be responsible for refunding any fees paid for user error or any other reason(s). influxMEDIA reserves the right to collect applicable taxes and impose premium surcharges for certain features of the Service.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Site is presented solely for your convenience and/or information. This Site is controlled and operated by influxMEDIA from its offices based in Reno, Nevada and through affiliate servers in other locations. influxMEDIA makes no representation that Content in its Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or influxMEDIA brings to enforce these Terms, or in connection with any matters related to this Site, shall be brought only in either the state or Federal courts located in and for Santa Clara County, California and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ARBITRATION

You agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Service or Content, or to any other alleged act or omission by you or influxMEDIA, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and shall be conducted in Reno, Nevada. You also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth above in this paragraph, you and influxMEDIA may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. Provided however, that the Terms do not apply to any breach or alleged breach of the influxMEDIA's or Provider's ownership or license rights of Content or Services. Should any such breach or alleged breach incur, influxMEDIA, its affiliates, or Partners shall be entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available by law. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate influxMEDIA's or any of it's Partner's intellectual property rights, or may cause continuing or irreparable harm to influxMEDIA (including, but not limited to, any breach that may impact influxMEDIA's or it's Partner's intellectual property rights, or a breach by reverse engineering), influxMEDIA may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of influxMEDIA, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and influxMEDIA), and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and influxMEDIA).

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between influxMEDIA, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY influxMEDIA, INC.